HomeMy WebLinkAbout2003-074 Wastewater Pretreatment Program 11/04/03 .8.47.AM.11:42 AM1:37 PM
• 10/28/03
ORDINANCE NO 2003 - 74
AN ORDINANCE relating to public services and utilities, providing authonty 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,
Amending, 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 -201A 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 industrial dischargers
and the authonty to enforce such permits, and
WHEREAS Yakima Municipal Code Chapter 7 65 requires certain amendments
to constitute sufficient legal authonty for it's fully delegated wastewater treatment
program,
NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY OF YAKIMA:
Section 1. Chapter 7.65, "Sewer Use and Pretreatment
Regulations," and the various sections thereof, are hereby amended.
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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. Ash
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.
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• 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 Severability.
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Chapter 7.65 SEWER USE AND PRETREATMENT S
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) '. - . - . - . •.• .- 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 _by requiring use of the POTW
2 To ensure proper and safe connections to the POTW,
3 To prevent the introduction of pollutants into the POTW of- pollutants -that could wi-1l
interfere with the normal operation of the POTW,
4 To prevent the introduction of pollutants into the POTW of potlutants that would not
receive adequate treatment in the POTW and whielithat 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 authorizes
monnonng, compliance, and enforcement activities; establishes administrative review
procedures, and requires discharger reporting. This chapter also authonzes the City s
Wastewater Division to issue and enforce wastewater discharge penrnt once +permits.
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With the issuance of the City- s June 15. 2003 NPDES Pernnt. 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 by
industrial 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
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 categoncal pretreatment
standards (when effective), whichever standard is most stringent in a given situation.
"Authorized 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 authority 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 propnetor, respectively;
c. If the industnal discharger is a federal, state or local governmental facility, a
director or highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or his/her designee;
• d. The individuals described in subsections (a) through (c) above may designate
another authorized representative if the authonzation is in wntmg, the
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authonzation specifies the individual or position responsible for the overall
operation of the facility from which the discharge onginates or having overall 411
responsibility for environmental matters for the company, and the wntten
authorization is submitted to the City
"Backwater valve" means a device . - • •• 0 : . . - - . .
installed in a drainage system to prevent reverse floe.
"Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures in five
days at twenty degrees Centigrade (20 degrees C), expressed in milligrams per liter
(mg/L)
"Building dram" means that part of the lowest horizontal piping of a drainage system
which receives the discharged from soil. wastewater from
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 pipinge of a drainage system. which
extends from the end that connects the City s sewer line to of the building;
drain and which receives the discharge from the building drain. convening it to the public
sewer beginning five feet outside the inner face of the building.
"Bypass" wastestreams from means the intentional diversion of astest earns fro any p ortion of an
industrial discharger's treatment facility
"Categorical 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
industrial dischargers and which appear in 40 CFR Chapter I, Subchapter N, Parts 405
through 471
"CFR" means the Code of Federal Regulations.
"City" means the City of Yakima or its authonzed deputy, agent or representative.
" .. - - . - . _- Code Administration and Planning Manager" means the
director and authonzed representatives of the department of eCommunity 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
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• "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 -carved 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
Shopping center or shopping mall. commercial businesses that discharge wastewater other
than domestic wastewater.
Discharue Authorization means the written permission from the Wastewater Manager
for lone term, short term. or temporary discharges into the Cit\ s POTW 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
materials in volumes and/or concentrations normally associated w ith residential
dischargesd from these classes of customers, 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 authorized official of said agency
"Existing discharger" or "existing user" means any noncategoncal 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 categorical
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 1
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inteFfere-with-the-selleetien-systein, •
"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
flowed 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 -- industrial 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- carried waste from any industrial,
manufacturing, trade or business which includes some combination of process
wastewater, domestic wastewater, noncontact cooling water, contaminated stormwater or
contaminated leachates, as distinct from domestic wastewater or "process wastewater" or
noncontact cooling water
"Interference" means a discharge which, alone or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the normal operation of the City sewer
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• 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 magmtude 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 Sanctuanes 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.
deputy. agent. or representative.
"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 industnal discharger or user" (MIU) means an-uiclustnal 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 sanrtarydomestic wastewater- and noncontact cooling water)
or
(2) Maximum daily discharge volume which exceeds one percent of the
average dry weather hydraulic or orgamc capacity of the POTW, or
b Is otherwise deemed by the City to be categorized as an MIU
"Natural outlet" means any outlet, including storm sewers and combined sewer
overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater
"New discharger" or "new user" means a user that is not regulated under federal
categoncal 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
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wastewater will be considered an existing discharger or existing user if no significant
changes are made in the manufacturing operation.
"New source" means any building, structure, facility or installation from which there is or
may be a discharge of wastewater, the construction of which commenced after the
publication of proposed pretreatment standards under Section 307(c) of the Act, which
will be applicable to such source if such standards are thereafter promulgated in
accordance with that section, provided that:
a. The building, structure, facility or installation is constructed at a site at which
no other source is located, or
b The building, structure, facility or installation totally replaces the process that
generates or causes the discharge of wastewater at an existing source, or
c The production of wastewater generating processes of the buildmg, structure,
facility or installation are substantially independent of an existing source at the
same site. In detenmmng 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
11. Significant 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 cooking which does not come into
direct contact with any raw matenal, intermediate product, waste product or fimshed
product. Cooling water may be generated from any use, such as air conditioning, heat
exchangers, cooling or refrigeration to which the only pollutant added is heat.
Nondomestic discharger or user means any other than a domestic discharger
(i.e. an industrial discharger or user).
Non - residential domestic discharger or user means any domestic dischargers other than
single family or multifamily residential discharger or users.
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• " NPDES" means the National Pollutant Discharge Elunination 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 : - - -• which, 1
if discharged directly, would alter the chemical, physical, thermal, biological or
radiological integrity of the water of the state, or would or be likely to create a nuisance
or render such waters harmful, detnmental or injunous to the public health, safety or
welfare, or to any legitimate beneficial use, or to any animal life, either terrestnal 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 charactenstics 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
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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 in 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 imposed on an industnal discharger. other than a pretreatment standard.
"Pretreatment standard" means discharge standards, categoncal 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 originates or on adjacent or nearby property under the control of the
user where the system is not connected to a public sewer
"Process sewer" means a dram or sewer which carries P rocess wastewater only, as
distinct from industnal sewer, sanitary sewer and storm sewer
"Process wastewater" means water or liquid- carried waste discharged from one or more
mdustnal, manufacturing, trade or business practices or from the development, recovery
or processing of natural resources. Process wastewater does not include domestic waste
or noncontact cooling water Process wastewater may refer to one process discharge or
several commingled process discharges.
"Prohibitive discharge standard" means any regulation developed under the authority of
Section 307(b) and (c) of the Act (33 U S C 1317(b)(c)), the General Pretreatment
Regulations (40 CFR part 403), the state or by the City which prohibits the discharge of
certain types or characteristics of wastewater These prohibitions can be general or
specific and are contained in Section 7 65 060 of this chapter
"Public sewer" means a sewer constructed for conveyance of liquid wastes which is
controlled by a public authority
facilities which affect effluent quality, and who (a) holds, at least, a valid state of
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all subject matter r asonabl`• related to the duties of a wastewater pre tr atment operator
Residential Discharger or user means a single family or multi- famil\ residential
customer only that discharges domestic wastewater to the POT■
"Sanitary sewer" means a dram or sewer which carries sewage, as distinct from industrial
sewer, process sewer and storm sewer Sanitary sewers may carry mdustnal 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 service
- ... . :.. - . ate wastewater disposal systems and lagoons.
"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 - carned human wastes or a combination of water -camed wastes
from residences, business buildings, institutions and mdustnal 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 industnalnondomestic 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 sanitarydomestic wastewater- and
noncontact cooling water)...-::. - .. .. . - ; 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 melustffalnondomestic user meeting the criteria of subparagraph b,
• c, or d has no reasonable potential for adversely affecting the POTW's operation or for
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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 iidustfialnondomestic user, and in
accordance with procedures in 40 CFR 403 8(f)(6), determine that such user should not
be considered a significant industrial user
"Slugload" means any pollutant, including oxygen demanding pollutants (BOD, etc.),
released in a single extraordmary.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 Industrial Classification (SIC) Code" means a classification pursuant to the
"Standard Industrial Classification Manual" issued by the U S Office of Management
and Budget.
"State" means the state of Washington.
"Storm sewer" (sometimes termed storm dram) means a dram or sewer which carries
storm and surface waters and drainage, 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 (TSS)" means total suspended solids or
Suspended soli d p ( ) p
matter that either floats on the surface of, or is in suspension in water, sewage, or other
liquids, and which is removable by laboratory filtering.
Temporary discharge means a discharge on a one -time or temporary basis into the
City s POTW of no more than one year in duration. Sumificant industrial users are
ineli17ible for authorization for a temporary discharge.
"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 Admimstrator 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 •
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11/04/03 847AM11:42AM1:37PM
• 7 65 060 and 7 65 070 hereof, or with the terms of pretreatment standards contained in an
applicable wastewater discharge permit or authorization, due to factors beyond the
reasonable control of the discharger, and excluding noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance or careless or improper operation thereof.
"WAC" means the Washington Administrative Code
"Wastewater" means water or liquid - carried industrial waste, process waste. or domestic
waste or any modification thereof, or any other water - carned 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 authonzation 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
may shall contain appropnate 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 authonzed representatives, and includes the term Wastewater Manager as
• used in this chapter
"Wastewater Manager or Manager" means the supervisor of the Wastewater Division and
includes authonzed representatives of the Wastewater Manager and Wastewater Division.
" Wastewater treatment operator" means an individual who performs routine pretreatment
duties. or supervision of such duties on -site at a discharger s pretreatment facilities which
affect effluent qualit \. and who (a) holds. at least. a valid state of Washington
Wastewater Treatment Operator 1 certification. or (b) who has successfully completed a
course of stud\ which. in the opinion of the Wastewater Manager. contains all subject
matter reasonably related to the duties of a wastewater pre - treatment operator.
"Wastewater treatment plant or treatment plant" means that portion of the POTW
designated to provide treatment of wastewater
"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.
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11/04/03 8.47 AM 11 •'12 AM1:37 PM
A It is unlawful for any person to place, deposit or permit to be deposited in any
unsanitary manner on pubhc or pnvate property any human or ammal excrement, •
garbage or other objectionable waste.
B It is unlawful to discharge into any public storm drain or ditch any wastewater or
other polluted waters, except where suitable treatment has been provided in accordance
with subsequent provisions of this chapter
C Except as provided in this chapter, it 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 m 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 private wastewater disposal system, the
owner shall first obtain a wntten permit from the Yakima Health Distnct as set forth in •
Partchapter 10, as now or as hereafter may be amended, of said distnct'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 written permit from the eCode aAdmimstration and Planning mManager
B There shall be two classes of Building Sewer permits. (1) residential and non-
residential domestic servicecommercial service, and (2) service to nondomestic
dischargerse stabiisl ments 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 Planning Manager Permit and inspection fees shall be paid as
required by applicable provisions of this code.
C All costs and expenses incidental to the installation and connection of the
Building Sewer shall be borne by the owner The owner shall indemnify and hold •
harmless the City from any loss or damage that may directly or indirectly be occasioned
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11/04/03 8.47 AM X ^M1 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 have taken and passed the Side Sewer Installer Certification test that is proctored b\
the Code Administration and Planning Division of the CitY of 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 interior lot and
no pnvate sewer is available or the sewer 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 ofto the Bede
.. - - . ode Administration and Planning Manager, indicate the
need for a single sewer connection between separate and mdependent 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 exammation and test by the code administration managerCode
1111 Administration and Planning Manager, to be m good repair, sized for the number of
fixtures per the C—iwplumbing code most recently- adopted b\- the Cit\-. to be suitable for
this purpose, and to meet all requirements of this chapter
F The size, slope, alignment, materials of construction of a Building Sewer, and the
methods to be used in excavating, placing of the pipe, pointing, testing and backfilling the
trench, shall all conform to the edition of the Uniform 1?plumbing code most recently
adopted by the City
G Whenever possible, the Building Sewer shall be brought to the building at an
elevation below the basement floor In all buildings in which any building dram is too
low to permit gravity flow to the public sewer, sanitary sewage earned by such building
drain shall be lifted by any approved means described in the edition of the Uflif-EWM
Plumbing Code most recently adopted by the City and found acceptable by the Bede
... - - . . • - Code Administration and Planning Manager, and discharged to
the Building Sewer
H. No person shall make connection of roof downspouts, foundation drains, areaway
drams or other sources of surface runoff. storm water 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.
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11/04/03 8.47 AM4 -1-42 AM1:37 PM
I. The connection of the Building Sewer into the public sewer shall conform to the
requirements of the editions of the Uniform Bbuildmg Geode and U-n+fefFli Pplumbing
Geode most recently adopted by the City All such connections shall be made gastight
and watertight and verified by proper testmg. Any deviation from the prescribed
..
. - _ -. - . _ .. -. -- . . - The
Code Administration and Planning Manager must approve am deviation from the
prescribed procedures and materials and. if necessary, the state building code council,
before installation.
J The applicant for the Building Sewer permit shall notify the
managerCode Administration and Planning Manager when the Building Sewer is ready
for inspection and connection to the public sewer The connection and testing shall be
made under the supervision of the - . . - . .. - I- - Code
Administration and Planning 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 in the course of the work shall be restored in a
manner satisfactory to the City
L A properly functioning backwater valve shall be required in any building
containing a basement, except in those situations which would not require a backwater
valve as described in the edition of the Uniform Bbuilding Geode most recently adopted
by the City The permit to install a backwater valve can be obtained from eerie
•
administration manager or hisCode Administration and Planning Manager.
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 POTW. directiv 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
•
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11/04/03 8.47 AM11:42 AM1:37 PM
• pursuant to a valid wastewater dischame permit or authorization : : - . . -
has been obtained 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 injunous in any other way to the operation of the POTW including, but
not limited to, wastestreams with a closed cup flashpomt 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 in quantities or of such size that they will or
may cause reduction of the effective cross - sectional area of a sewer, obstruction
to the flow in a sewer, or other interference with the operation of the POTW In
no case may solids greater than one -fourth inch in any dimension be discharged to
the POTW .,
• 3 Any wastewater having a pH less than 5.5 Or higher than 910 0, or having
any other corrosive property capable of causing damage or hazard to structures,
equipment or personnel of the system.
4 Any wastewater having a BOD of more than three hundred (300) mg/L.
5 Any wastewater having a suspended -solids TSS content of more than three
hundred (300) mg/L.
6 Any wastewater having a chlonne demand of more than twenty (20) mg /L.
7 Any wastewater having an animal /vegetable (polar) based floatable oil, fat
waste, oil or grease (whether or not emulsified), hexane or ether- soluble matter
content in excess of one hundred (100) mg/L, or a mineral/petroleum (nonpolar)
based oil or grease (whether or not emulsified), hexane or ether - soluble matter
content in excess of one hundred (100) mg/L, or any petroleum oil,
nonbiodegradable cutting oil, or products of mineral oil 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 mteraction, to injure or mterfere with any
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11/04/03 8.47 AM" :42 M — 3-7 PM
wastewater treatment process, constitute a hazard to humans or animals, or to
exceed the limitation 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 m a quantity
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
cnteria, guidelines or regulations affecting biosohds 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_, •. - -• .. .. .. .... , ' .:
.... :_ ,- ., - ... . _ - .. . .. .
14 Any sludges, screenings or other residues from the pretreatment of
mdustnal wastewater discharges.
ID
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11/04/03 847AM11:12AM1
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
41) g -BHC -Delta 0 0
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11/04/03 8 47 AM" :I2 MI : 7 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 Wastewater Manauer•
1 Any wastewater with a temperature which will inhibit biological activity
in the POTW treatment plant resulting in interference but m no case, wastewater
with a temperature at the introduction into the POTW which exceeds forty
degrees Centigrade (one hundred four degrees F)
2. Any trucked or hauled pollutants, except pursuant to Section 7 65 420
3 Any dangerous wastes as defined in Chapter 173 -303 of the Washington
Administrative Code (WAC), as now or as it may be amended.
4 Flows which have the potential to adversely affect the hydraulic loading of
the POTW, including the following categones.
a. Noncontact cooling water;
b Stormwater and other direct inflow sources; and
c Nonpolluted water or water which doeswetild not require receive
sigmficant 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 industrial discharger's pretreatment facility
pnor to discharging to the POTW
E. The general and specific prohibitions provided by this section apply to all
dischargers to the POTW whether or not the discharger is subject
to categorical pretreatment standards or requirements. (Ord. 2000 -19 § 4, 2000 Ord.
3491 § 2 (part), 1992).
7 65.070 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 industnal categones. The national categoncal
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11/04/03 8.47 AM11:42 AM1:37 PM
standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471 are hereby
incorporated.
B State requirements and limitations on discharges to the POTW shall be met by all
dischargers which are subject to such standards in any instance in which they are more
stringent than federal requirements and limitations, or those in this chapter or 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 achieve compliance with the standards set
forth in this chapter
E. No discharger shall discharge mdustnal 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 0521
Barium (Ba) 100 0521
Benzene 0 5_(21
Beryllium (Be) 1 0531
Cadmium (Cd) 1 0521
Carbon Tetrachloride 0 5521
Chlorobenzene 100 0521
Chloroform 6 0521
Chromium (Cr) 5 052)
Copper (Cu) 2.0531
o- Cresol 200 0521
m- Cresol 200 0521
p- Cresol 200 0.121
Cyanide (total) (CN) 1 5131
1,4- Dicholorobenzene 7 5521
1,2- Dichloroethane 0 5521
1,1- Dichloroethylene (DCE) 0 0541
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11/04/03 8.47 AM 11:12 AM 1:3 7 PM
2,4 Dinitrotolulene 0 13521
Ethylbenzene 1 4.131 •
Hexachlorobenzene 0 13521
Hexachloro -1,3- butadiene 0 55
Lead (Pb) 5 0121
Mercury (Hg) 02 5 2 )
Methylene Chloride 1 7531
Methyl Ethyl Ketone 200 0521
Nickel (Ni) 2 . 0 5 3 1
Nitrobenzene 20 5 2 )
Pentachlorophenol 205
Selenium (Se) 1 0521
Silver (Ag) 5 0521
Tetrachloroethylene (PCE) 0 05
Toluene 1 4 5 2 1
Trichloroethylene (TCE) 0 0541
2,4,5 - Trichlorophenol 300 052)
2,4,6 - Trichlorophenol 2.0521
Vinyl Chloride 0 05
Xylene 1 452)
Zinc (Zn) 5 0531
(1) These values constitute interim local discharge limits only, and will be
replaced when the City completes its establishment of final local discharge limits.
(2) These values are based on EPA's Toxicity Characteristic Leaching
Procedure.
( These values are based on Seattle Metro's actual local limits.
(4) 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 techmques 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 categorical pretreatment standards, or under circumstances where
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11/04/03 8.47 AM" : M1: 7 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 stnngent 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 categorical standard in accordance with 40 CFR 403 15 They may also
request a variance m accordance with 40 CFR 403 13 from the categoncal pretreatment
standard from EPA. Such a request will be approved only if the industnal 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 materials. 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) eth showing facilities
and operating procedures to provide this protection. The Wastewater Manager shall
develop procedures to evaluate, at least once every two years, whether each significant
industrial 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 mimmum the following elements.
1 Description of discharge practices for batch and continuous processes,
including non - routine and routine batch discharges,
2. Descnption of stored hazardous substances. includma quantity maintained
for each listed material and a map showing their location,
•
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11/04/03 8.47 AM 11:X12 AM I :37 PM
3 Procedures for immediately notifying the City and an other authorities 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 materials, loading and unloading operations,
control of plant site runoff, worker training, building of containment structures or
equipment, measures for containing toxic orgamc 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 approve revie\\ the SC
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 reviewedappreved 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
g P P p P
evaluate such plan at least every two years from the date of submittalappreval As a result
of this review and evaluation, the discharger shall amend the SC plan or SPCC
pla+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 readil` available to
facilit\ personnel. No amendment shall be effective to sat : - - . - -- - - - -
cha: - . : - - . - reviewed and certified by a professional engineer
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 private individual, as a result of the slugload or accidental discharge. •
26
• tl`
11/04/03 8 47 AM 1 1: 12 AM 1:3 7 PM
• D Signs shall be permanently in conspicuous places on discharger s
p remises, 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 codc administration managerCode Administration and
Planning Manager for review and acceptance before construction of the facility The
review of such plans by either the Wastewater Manager or the codc administration
managerC -ode Administration and Planning Manager 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
Planning Manager 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
wVvastewater tTreatment 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 prior to the discharger's initiation of the changes.
C Pretreatment facilities shall comply with the applicable requirements of Chapter
173 -240 and Section 173.216 110 of the Washington Administrative Code (WAC) and
RCW 90 48 010, as now or 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
410 by a twenty mesh or finer screen before discharge. An additional screen, with opemngs
27
11/04/03 8.47 AM 11:42 AM 1:37 PM-
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 opinion of the
Wastewater Manager, they are necessary for the proper handling of liquid wastes
containing floatable or emulsified grease, fats or oil in 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
written request from the Wastewater Manager to do so Dischargers who operate
restaurants, cafes, lunch counters, cafetenas, bars or clubs, or hotel, hospital, samtanum,
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 in 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 .. - .. ode Administration and Planning,
Mana�izer, and shall be located as to be readily accessible for cleaning and inspection.
Dischargers must maintain these interceptors in a manner that will always prevent fat
•
waste, oil, grease, flammable wastes, sand or other harmful ingredients from being
carried into the sewer system. The owner shall be responsible for the proper removal and
disposal by appropnate means of the captured material, 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 materials 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
m samtary, industrial or storm sewers. Failure to provide or maintain such grease, oil and
sand traps in accordance with the provisions of this section shall be a violation of this
chapter and subject to the sections set forth in parts 8 and 9 of this chapter. auto maticuliy
result in an administrative fine of two hundred fifty dollars und- _ !
..-. . . - - . . -. : -- - City -as
. - - - - '. . • .- - e All • 2 !!!:. 14 • -
(part). 1992).
of Section 7.65.060 of this chapter into any structure. appurtenance or equipment which
-• •• - - ..
•
28
11/04/03 847AM41 12 ARM.37n>\r
'. :. • . • • • — e•! • • — uue : 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 industrial discharger to discharge sewage, industrial
wastewater or any other wastes into the City's POTW except as authorized by the City
and by Chapter 173 -216 WAC, as now, or as it may be amended.
13 The City shall have the nght to deny or condition new or increased contributions
of pollutants, or changes in the nature of pollutants, to the POTW by industnal
dischargers where such contributions do not meet applicable pretreatment standards and
® requirements or where such contributions would cause the POTW to violate its 1—
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(1)(2) of the Act shall be required to meet compliance
dates set in any applicable categorical pretreatment standard. Existing sources which
become industnal dischargers subsequent to promulgation of an applicable categoncal
pretreatment standard shall be considered existing mdustnal 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 industrial 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
• categoncal user when the local limits for said user are more restrictive than the applicable
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federal categorical pretreatment standard. Any existing industrial discharger that must
comply with a more stringent local limit which is m noncompliance with any local hnvts
shall be provided with a compliance schedule placed in 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 industrial users of applicable pretreatment standards and requirements.
B When requested by the City to do so, industnal dischargers shall complete and file
with the Wastewater Division an Preliminary or Follo\■ Up +Industrial wWaste 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 industrial discharger, unless the mdustnal discharger
requests m writing a thirty-day extension from the Wastewater Manager and the manager
approves the request in wnting. 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 administrative decision on a category
determination under 40 CFR 403 6(a)(4), whichever is later, existing sigmficant
industnal 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 fisted below At least one
hundred twenty (120) days pnor to commencement of their discharge, new sources, and
sources that become significant industnal 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 industnal 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
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11/04/03 8.47 AM11:12 AM1:37 PM
• ° r F A
3 A brief description of the nature, average rate of production and standard
industnal classifications of the operation(s) carried out by such industrial
discharger This description should include a schematic process diagram which
indicates points of discharge to the POTW from the regulated processes.
4 Information showing the measured average daily and maximum daily
flow, in gallons per day, to the POTW from regulated process streams and other
streams, as necessary, to allow use of the combined wastestream formula set out
in 40 CFR 403 6(e)
5 A measurement of pollutants.
a. Identification of the categorical pretreatment standards applicable
to each regulated process.
b Submission of the results of sampling and analysis identifying the
nature and concentration (and/or mass, where required by the standard or
by the City) of regulated pollutants in the discharge from each regulated
process. The industrial discharger shall take a minimum of one
representative sample to compile the data necessary to comply with the
requirements of this subsection. Instantaneous, daily maximum and long
term average concentrations (or mass, where required) shall be reported.
• The sample shall be representative of daily operations and shall be
analyzed in accordance with procedures set out in subsection H of this
section.
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 industnal pretreatment measures.
6 A statement reviewed by from the industnal 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 industnal 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
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11/04/03 8.47 AM11:42 AM1:37 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 time the
industrial discharger submits the report required under subsection A of this
section, the information required by subsections (A)(6) and (7) of this subsection
shall pertain to the modified limits. If the categoncal pretreatment standard is
modified by a removal allowance, the combined wastestream formula, and/or a
fundamentally different factors vanance after the industrial discharger submits the
report required under subsection A of this section, any necessary amendments to
the information requested by subsections (A)(6) and (7) of this section shall be
submitted by the industrial discharger to the Wastewater Manager within sixty
days after the modified limit is approved.
The following conditions shall apply to the schedule required by this part:
a. The schedule shall contain progress increments in the form of dates
for the commencement and completion of mayor events leading to the
installation and operation of additional pretreatment facilities required for
the discharger to meet the applicable pretreatment standards (such events
include hinng 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 rime months.
b The industrial discharger shall submit a progress report to the
411
Wastewater Manager no later than fourteen days following each date in
the schedule and the final date of compliance including, as a minimum,
whether or not the discharger complied with the increment of progress, the
reason for any delay, (and, if appropnate) the steps being taken by the
industnal discharger to return to the established schedule In no event shall
more than rune months elapse between such progress reports to the
Wastewater Manager
8 All baseline monitoring reports must be signed and certified in accordance
with subsection K of this section.
B Within ninety (90) days following the date for final compliance with applicable
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 industnal dischargers which may be
subject to equivalent mass or concentration limits established in accordance with the
procedures in 40 CFR 403 6(c), this report shall contain a reasonable measure of the
industnal discharger's long term wastewater discharge rate. For all other industnal
32
11/04/03 8 47 AM1 1:42 : �M1 PM
dischargers subject to categorical pretreatment standards expressed in teens of allowable
u
pollutant discharge per unit of production (or other measure of operation), this report
shall include the industrial discharger's actual wastewater discharge rate during the
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 standaid shall, at a
frequency determined by the Wastewater Manager. in its discharce permit. but in no case
less than twice per year. shall On 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 penod. 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 during the reporting penod.
2 Any mdustnal 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 mdustnal 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 mdustnal discharger's actual
discharge and collected in accordance with subsection I of this section.
Wastewater monitonng and flow management facilities shall be properly
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11/04/03 8.47 AM 11:42 AM 1:3 7 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 industnal discharger to claim that sample results
are unrepresentative of its discharge.
7 Where the mdustnal discharger conducts self- monitonng, the number and
frequency of momtonng shall be prescribed by the City in their dischanle permit
• . -- - - . . . - _ . • -rs shall sample their discharge at least tw ice per
y ar The samples shall be processed at a laborator\ accredited b\- the state.
Alternately. at the request of the industrial permittee. the Cit\ maN collect and
analyze the samples as part of the required samplin <u and analysis under its
NPDES permit and section 7.65.160 E of this chapter. All costs associated with
such testing and analysis shall be the responsibility of the industrial discharger.
D Any mdustnal discharger subject to this chapter shall report to the Wastewater
Division, in person or by phone, mnety (90) days pnor to any changes m its operations or
processes which significantly affect its wastewater constituents or characteristics, or
storage of chemicals, and which take place after the last report, permit application or
environmental survey These changes include, but are not limited to, flow. BOD. or TSS
increases of twenty (20) percent or greater, the commencement of discharge of any
prohibited or limited substance under Section 7 65 060(B) of this chapter, and the
addition of any process covered by national categorical pretreatment standards. Formal
wntten 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 sigmficant industnal 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 industnal discharger indicates a violation, the
mdustnal discharger must notify the Wastewater Manager within twenty -four hours of
becoming aware of the violation. The industnal 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 initial sampling and when the industrial discharger receives the results of
this sampling.
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11/04/03 8.47AM11:42A4-1:3
H. All pollutant analyses, including sampling techr uques, 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 industrial discharger must collect wastewater
samples using twenty - four -hour flow proportional composite collection techniques. In the
event twenty -four -hour flow proportional composite sampling is infeasible, the
Wastewater Manager may authorize the use of time proportional composite sampling or a
minimum of four grab samples where the industrial discharger demonstrates that this 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
manufacturing process if no pretreatment exists or as determined by the City For ,
dischargers subject to categorical pretreatment standards, if other wastewaters are ,
mixed with the regulated wastewater 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 mdustnal discharger
shall be signed by an authorized representative of the discharger If applicable
- - • - ... . - . - . -- - - -- . . 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" :'12 "Rift :37 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 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 imprisonment 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, mto 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
momtonng 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 411)
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 industrial 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, dunng 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
pnor notice. A permitted or authorized discharger. as a condition of their permit. shall
sign a form provided by the City. that allows authorized City employees right of entry to
the dischargers facilit\ to carry out the duties of the Wastewater Division 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
11/04/03 847AM11:42AM1.37PM
monitoring or metenng operations. It will he unlawful under this chapter to interfere
with any City sampling equipment or 'samples
B Where an mdustnal discharger has security measures in force which require
proper identification and clearance before entry into its premises, the industnal discharger t
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, metenng or copying as
authonzed 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 appropnate 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 verify compliance
with this chapter or any permit or order issued hereunder, then upon application by the
City Attorney, the municipal court ,ludge of the Cityajudt e 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 industnal users and conduct surveillance activities
to better identify, independent of information supplied by industrial dischargers,
occasional and continuing noncompliance with applicable pretreatment standards. The
Wastewater Manager shall inspect -, and collect and analyze effluent samples
from - .. - . - • . - • . .. . each significant industnal discharger at
least once pereaei 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 willfully or negli <aently break. dama <te. destroy. uncover,
deface. tamper with. or prevent access to an\ structure. appurtenance or equipment. or
other part of the POTW An person found in violation of this requirement shall be
subject to the sanctions set out in this ordinance.
• 7 65.170 Confidential information.
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A. Information and data furnished to the City with respect to the nature and
frequency of discharge will be available to the public or other governmental agency
without restriction unless the discharger specifically requests and is able to demonstrate
that the release of such information would divulge information, processes or methods of
production entitled to protection as trade secrets or proprietary information of the
discharger under the laws or regulations of the state or federal government. If a
discharger furnishing a report requests that information provided as part of a report be
kept confidential, and the discharger marks said pages as "confidential," then the portions
so marked of a report or other information which may disclose trade secrets or secret
processes protected by state or federal law, will not be made available for inspection by
the public, subject to the provisions of Chapter 42.17 RCW, as now or as it may be
amended, but will be made available upon written request to governmental agencies for
uses related to this chapter, the NPDES permit, state waste discharge permit and/or the
pretreatment programs, provided, however, that such portions of a report or other
information will be available for use by the state or any state agency in judicial review or
enforcement proceedings involving the discharger furnishing the report. Wastewater
constituents and characteristics, 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 rights
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 dischareers (domestic and nondomestic) shall submit a
completed Preliminary Industrial Waste Surve\ to the Wastewater Division for its review
and determination of whether a Wastewater Discharge Pennut 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 -
day extension from the Wastewater Manager and the manager approves the request in
writing. The Preliminary Industrial Waste Survey shall be signed by an authorized
representative of the non - residential discharger and in the form prescribed by the
Wastewater Division.
The Wastewater Manager may require either additional information or a follow up
Industrial Waste Survey (IWS). as described in section 7 65 1 84B of this chapter. Should
the Wastewater Manauer approve the IWS. it shall satisfy section 7.65 184B 1 of this
chapter for purposes of applying for a wastewater discharge authorization. if applicable. •
38
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E \istrng non - residential dischargers shall submit a Preliminary IWS when requested to
• do so b\ the City. (see section 7.65 '1"30B. of this clia)[er)
1. Permit Required Should the Wastewater Manager determine that a
Permit is required. the discharger shall comply with sections 7.65.185. 7.65.190.
and 7.65.195 of this chapter with respect to such permit
2. Authorization Required. Should the Wastewater Manager determine that a
written authorization is required for any non - residential (domestic or nondomestic)
discharge. including a temporary discharge. the Wastewater Manager shall
determine which of the terms and conditions m section 7.65.190 and 7.65.195. or
any other section of this chapter apply. All wastewater discharge authorizations
shall comply with section 7.65.184 of this chapter.
When a Waste W ater Discharge Authorization is not required it shall not relieve any
discharger to the POTW from the requirement to apply 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 am other applicable requirement contained in this chapter or state or federal
law,. Nothing herein shall limit the authority of the City to take enforcement action for
any unlawful discharge of waste materials or other violations of this chapter. (Ord. 2000-
19 ` 14. 2000 )
• 7.65.184 Wastewater Discharge Authorization Required.
A. Authorizations. The Wastewater Manager may authorize long term. short term or
temporary wastewater discharges into'the City s sewer system. All authorized
wastewater discharges shall comply withpretreatment 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 comply shall
subject the discharger to the enforcement provisions of Part 8 of this chapter. The
Wastewater Manager may condition the authorization as necessary to comply with the
provisions of this chapter. and may deny requests under this section on the grounds that
the discharge would violate any provision of this chapter
B. Discharge Authorization procedure.
1. Dischargers must submit a completed Industrial Waste Survey (IWS) to
the Wastewater Manager. The survey shall include a complete 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 property, and the name and
phone number of a contact person. The survey shall also contain the following
a. An analysis of the water to be discharged.
• b. Volume of wastewater for discharge
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11/04/03 847AM11•12AM1:37PM
2. The survey shall be signed by an authorized representati\ e of the
discharger.
3 The Wastewater Manager shall rey iew the survey for completeness and.
within thin\ (30) days. may return to the applicant an incomplete sure eN with a
request for information necessary to complete the survey. Am surve' not so
returned shall be deemed complete. If returned. the surve\ shall not be
considered complete unless and until the discharger resubmits the sun, e< with the
requested information.
4. Further information or applications ma\ be requested from the discharger
b\ the Wastewater Manager to help determine the status of the discharger or to
assist in setting the terms and conditions of the authorization.
5. Authorization Terms and Conditions. A wastewater discharge
authorization shall include conditions as are deemed reasonably necessary by the
Wastewater Manager to prevent pass through or interference. protect the quality_
of POTW s receiving waterbody. protect worker health and safety. facilitate
biosolids management and beneficial reuse. and protect against damage to the
POTW. The Wastewater Manager may include any requirement of Section
7.65.19. or any other Section of this chapter to achieve these goals.
6 Notification of a change in the volume or constituents of any authorized
•
discharge shall be made 30 days in advance of the change to provide the
Wastewater Manager time to consider if a new authorization will be required (see
7.65.140. D
7 65 1858 Wastewater discharge permit required
A. Permit Required of all Sigmficant Industrial Dischargers. On and after the date of
full delegation, no significant industrial 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 I - Existing Significant Industrial Dischargers. Any existing sigmficant
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 ninety (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
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least one hundred twenty (120) days pnor to the of the then - existing
• . 4 .11 .n
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 demes the new wastewater discharge permit. A significant
industrial discharger whose permit has expired and who failed to submit its
reapplication in the time penod specified herein will be deemed to be in violation
of this chapter As of June 15. 2003 Aany existmg significant industnal discharger
that does not possess a current, valid wastewater discharge permit (issued either
by the City or by Ecology) and that mtends to continue such discharge.- shall
immediately submit a complete permit application to Ecology (if such application
• .. - .. - . . . - g. . : the City m accordance with
Section 7 65 190 of this chapter. • . - ... . - • . -
4-4,,1 delegation)
3.G 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
to non significant industrial dischargers within an SIC that thc Wastewater Manager
determines to have thc potential to cause interference. result in pass through. or otherwise
- . . •. • , -. - -- - - . -- - - - . - -- - -
interference or result in pass through.
2. Discharges of wastes from commercial or industrial sources whose wastewater
is similar - - - • - . .. - - - . • - - - -
thfeugh,
discharge permit from Ecology
These exemptions shall not relieve any discharger from the rcquircmcnt to apply all
construction of wastewater facilities, or any other applicable rcquircmcnt contained in
110
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of this chapter. (Ord. 2000 19 § 11, 2000) •.
•
7 65 190 Wastewater discharge permitting process.
A. Permit Application.
1 Applications for permits shall be on forms as prescribed and provided by
the Wastewater Division. At a minimum, 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 in volume or changes in charactenstics of
discharges beyond those previously authonzed.
2. The public notice will include the following: •
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11/04/03 8.47 AM11•42 AM1:37 PM
a. Name and address of the applicant, and if different, of the facility
• 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
manufactunng, fruit packing, livestock feeding operation),
c A bnef descnption of the discharge point(s);
d. A brief descnption 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 following 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 writing to the Wastewater Division within thirty (30) days of the
last date of publication.
6 Any person submitting written 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 heanng with respect to permit
applications for which notice is required pursuant to subsection B of this section.
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11/04/03 8.47 AM11:42 AM1.37 PM
Any such request for a public hearing shall be filed within thirty (30) days of the
last date of pubhcation required pursuant to subsection B of this section and shall
indicate the interest of the party filing such request and the reason a heanng is
warranted.
2. The Wastewater Manager shall hold a hearing if he or she determines
there is a significant public interest.
3 Any hearing held pursuant to this chapter shall be held at a place and time
deemed appropnate by the City
4 Public notice of any hearing 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 heanngs shall include at
least the following
a. Notice shall be published once, at least thirty (30) days in advance
of the heanng, in 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
Yp
comment on the application or who requested notice of the Wastewater
Manager's final decision, and
d. Notice shall be mailed at least thirty (3 0) 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€f-reeCity contact holding
the public hearing;
b The purpose of the heanng;
c Name and address of the applicant;
d. A brief descnption of the point(s) of discharge;
e. Information regarding the time and location of the heanng;
f. A bnef descnption of the nature of the heanng;
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g. A concise statement of the issues raised by the persons requesting
the hearing, when applicable;
h. A beef reference to the public notice issued for each application,
including identification number and date of issuance, and
1. The address and phone number of the Wastewater Division, from
which interested persons may obtain information.
D Final Permit Decision.
Within twenty one sixty (60) days of the last date of publication required pursuant
to subsection 7.65 190(B1 of this section or, if a public hearing is held pursuant to
subsection C of this section within twenty- enesiaty (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 7.65.190(B) of this section, the Wastewater
Manager shall either issue or deny the requested permit no later than twenty oncsizty
(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 written comment on the application, testified at any public hearing regarding
the application, or any other person who requested notice of the decision. (Ord. 2000 -19
§ 15, 2000).
11) 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 =,
including, without limitation.
a. A statement that indicates the duration of the permit, which in no
event shall exceed five years,
b A statement that the wastewater discharge permit is
nontransferable without compliance with subsection 7.65.195(B) of this
section,
c. All known available and reasonable methods of prevention, control
and treatment;
d. Applicable pretreatment requirements and local discharge limits
• and prohibited discharge requirements pursuant to this chapter;
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11/04/03 8.47 AM' T2- A- '4 37-PM
e Self- momtonng, 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 apphcable compliance
schedule.
2. As a condition of their permit and as required in Section 7.65.160 of this
chapter, the permittee shall allow the Wastewater Manager. upon the presentation
of credentials and other documents as may be required by law. which mad include
a judicial inspection warrant to.
a. Enter upon the permittee s premises where a regulated facility or
activity is located or conducted. or where records must be kept
under the conditions of the permit.
b. Have access to and copy. at reasonable times, any records that
must be kept under the conditions of the permit,
c. Inspect at reasonable times anv facilities. equipment (including
monitoring and control equipment). practices, or operations
regulated or required under the permit;
d. Have the right to sample or monitor waste discharges for the
purposes of assuring permit compliance at any location. and
•
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110 e. Inspect anN production. manufacturinu. fabricating or storaLle area
where pollutants. reclulated under the permit. could oriuinate. be
stored. or be discharged to the POTW.
3 The permittee shall, at all times, be responsible for the proper operation
and maintenance of any facilities or systems of control installed by the permittee
to achieve compliance with the conditions of the permit. Where design cntena
have been established, the permittee shall not permit flow or waste loadings to
exceed approved designed criteria or approved additions thereto
4 A new application or supplement to the previous application, shall be
submitted along with required engineering plans and reports, whenever a new or
increased discharge or change in the nature of the discharge is anticipated that is
not specifically authonzed by the current permit. Such application shall be
submitted at least sixty (60) 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, contam, and clean up
unauthonzed 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 permit is automatically transferred to a new owner or operator of the
facility if:
a. A written agreement. signed by the new owner. between the old
and new owner or operator contaimng a specific date for transfer of permit
responsibility, coverage and liability is submitted to the Wastewater
Division at least sixty (60) days prior to the specified transfer date; and
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
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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 in the POTW, and alterations
or additions to the discharger's discharges.
2 Any permit issued under this chapter may be suspended or revoked, in
whole or in part, by the Wastewater Division for, but not limited to, the following
reasons
a. Violation of any penrut 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 City of significant changes to the discharge prior to •
tY tm
implementing that change;
f. Falsifying reports,
g. Tampenng with momtonng equipment;
h. lntentionall} providing non - representative 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 AM11:12 AM1 Purl
• that may be adopted by Ecology or the federal government subsequent to the grant of
authonty to the City to administer the wastewater discharge permit program. The City
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 occumng before or after receipt of the notice of violation.
Nothing in this section shall limit the authonty 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 period,
sewer service shall be discontinued unless adequate treatment facilities, devices or other
related appurtenances have been installed and are properly operated and maintained.
Compliance orders may also contain such other requirements as might be reasonably
necessary and 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
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11/04/03 8.47 AM 1:12 MI 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
411
federal pretreatment standard or requirement, nor does a compliance order release the
discharger of liability for any violation, including any continuing violation. Issuance of a
compliance order shall not be a prerequisite to taking any other action against the
discharger
B Failure to comply with any terms or requirements of a compliance order by the
discharger shall be an additional and independent basis for termination of wastewater
treatment services or for any other enforcement action authorized under this chapter and
deemed 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).
65.240 Administrative fn. es enalties.
7 65 finespenalties.
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 - penalized m 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,
fames and penalties shall constitute a lien against the individual discharger's property
Issuance of an administrative fiftepenalty 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 AM1:37 PM
•
A. 7 65 260 Emergency suspension of treatment services.
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 unmediately and voluntarily with the suspension order, the Wastewater Manager
will take such steps as deemed necessary, including immediate severance of the sewer
connection, to prevent or minimize damage, including but not limited to, the POTW, its
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 pnvate 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 interfenng with City employees or contractors, or by any other means.
i D Any discharger whose wastewater treatment service has been suspended pursuant
to this section shall have the right to a postsuspension hearing to be conducted in
accordance with the procedures set forth in Section 7 65.280 A discharger which is
responsible, in whole or in part, for imminent endangerment shall submit a detailed
written statement describing the causes of the harmful contribution and the measures
taken to prevent any future occurrence to the 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 authonty to terminate wastewater treatment
services for any discharger if it determines that the discharger has
1 Failed to accurately report wastewater constituents and characteristics,
2. Failed to report significant changes in operations or wastewater
constituents or characteristics,
3 Refused reasonable access to the discharger's premises for purposes of
inspection, momtonng or sampling;
4 Violated any condition of the discharger's waste discharge permit;
• 5 Violated any of the provisions of this chapter; or
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11/04/03 8 47 AM11:42 AM1 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 obtaining 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 right to an administrative hearing to contest the City's
determination. (1) to suspend the discharger's wastewater services, (2) to terminate the
discharger's wastewater services, (3) to impose administrative 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 hearing pursuant to this section must be requested by the discharger m
writing within fifteen (15) days after the discharger receives notice of the City's
determination. The discharger's wntten request for hearing 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 (20) days of the receipt of the request (or within five
(5) days if the discharger is contesting suspension or termination of wastewater services).
C The administrative hearing authorized by this section will be held before the City
Manager or the City Manager's designee Formal rules of evidence will not apply but the
discharger and the City shall have the nght to present witnesses and documentary
evidence. The City Manager or the City Manager's designee will issue a written decision
within ten (10) days of the conclusion of the hearing.
D Any discharger requesting a hearing shall have the 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 7 65.285 of this chapter (Ord. 2000 -19 § 25, 2000 Ord. 3491
§ 2 (part), 1992)
7 65.285 Appeal to the City council
411
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11/04/03 8 47 AM11 AM1:37 PM
S A. Any decision of the City Manager or the City Manager's designee rendered
pursuant to Section 7 65.280 of this chapter may be reviewed by appeal to the City
council. The discharger must file written notice of appeal with the clerk of the City
council within fifteen (15) days following notification of such decision or action. Such A
notice of appeal shall be set forth m reasonable detail the action or decision appealed and
the discharger's grounds for reversal or modification thereof. Failure to submit a timely
notice shall be deemed to be a failure to exhaust administrative remedies and shall
preclude any further review
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 (20) days
following the date the clerk of the City council receives notice of the appeal. The clerk of
the City council will mail wntten 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 junsdiction - - •.. . • - - •• . 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 dunng a six -month
penod exceed the daily maximum limit or the average limit for the same pollutant
• parameter by any amount;
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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
during 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 in 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 I
baseline monitoring reports, compliance reports, penodic self - monitoring reports and
reports on compliance with compliance schedules,
7 Failure to accurately report noncompliance;
8 Failure to maintain records of pretreatment facility maintenance, including, but not
limited to, cleaning and waste removal dates, and means of disposal of accumulated
wastes, or
9 Any other violation or group of violations which causes the City to expend
considerable time or expense in tracking down the source of pollutants detected in the
POTW wastewater influent, or which the City determines will adversely affect the
operation or implementation of its pretreatment program. (Ord. 3491 § 2 (part), 1992)
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.
•
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A. Any discharger that expenences an upset shall inform the Wastewater Manager of
the upset within twenty -four (24) hours of discovering the upset. Where such information
is given orally, a written report describing the upset shall be filed with the Wastewater
Manager by the discharger withm 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 dunng 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
during, 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 in
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.
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A. A discharger may allow any bypass to occur which does not cause the
pretreatment standards or requirements of Sections 7 65 060 and 7 65 070 of this chapter
•
to be violated, but only if it also is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provision of subsections B and C of this section.
B If a discharger knows in advance of the need for a bypass, it shall submit prior
notice to the 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 mdustnal discharger becomes aware of the
bypass. The wntten submission shall contain a description of the bypass and its cause, the
duration of the bypass, including exact dates and times, and, if the bypass has not been
corrected, the anticipated time it is expected to continue; and steps taken or planned to
reduce, eliminate and prevent reoccurrence of the bypass. The 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 during
normal penods of equipment downtime. This condition is not satisfied if adequate
back -up equipment should have been installed in the exercise of reasonable
engineenng judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
3 The discharger submitted notices as required under subsection B of this section.
The 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 m 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
fivesix (6) years any records, books, documents, memoranda, reports, correspondence
and any and all summanes 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 penods of limitation with respect to any and all appeals have •
expired, but in no case less than fivesix (6) years. (Ord. 3491 § 2 (part), 1992)
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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 appropnate legal and/or equitable relief in the municipal court
for the City of Yakima. Such judicial action may be in 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 iy`
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 toat least 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 lien 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 monitoring
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 determining the amount of liability, the court will take into
account all relevant circumstances, including, but not limited to, the extent of harm
caused by the violation, the magnitude and duration of the violation, any economic
• benefit gained through the discharger's violation, corrective actions by the discharger, the
compliance history of the discharger, the City's enforcement response manual (ERP),
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which provides guidelines for the assessment of monetary penalties, if available, and any
other factor as justice requires.
C Filing a suit for civil liabilities shall not be a prerequisite for taking any other
action against a discharger (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 in any application, record, report, plan or other document filed or required
to be maintained pursuant to this chapter, or who falsifies, tampers with or knowingly
renders inaccurate any monitoring device or method required under this chapter (in
addition to civil and/or cnmmal 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 tenfive- thousand (5.000) dollars
- - - - : - - - - - - - : - or impnsonment i the ail not to
exceed one year, or by both such fine and imprisonment. Each violation and each day of
each violation shall constitue a separate offense. - , - ... . . . - - , . -
discrction 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 nght 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
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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
wnting 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 District;
2 Carry liability insurance of such kind and in such amount as the City may
require to protect itself from any loss or damage that may directly or indirectly be
occasioned by the discharge of septage into the POTW,
3 Complete a septage waste manifest (in triplicate) obtained from the
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 written authorization 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 authority to promulgate written regulations
® consistent with this chapter (Ord. 2000 -19 § 36, 2000 Ord. 3491 § 2 (part), 1992).
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•
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 16th
day of December , 2003
CITY OF YAKIMA,
WASHINGTON -
B / /
Y /
•
M..r• Place, Mayor
ATTEST
,<(
City Clerk
Publication Date 12 - 19 - 2003
Effective Date 1 - 18 - 2004
•
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• 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
2003 - 74 of the Council (hereinafter called the "Ordinance "), duly passed at a regular
meeting thereof held on the 16th day of December , 2003
2. That said meeting was duly convened and held m 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, carried out and otherwise observed,
and that I am authorized 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
III
-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
' pretreatment personnel will pursue ERAs in the following The City's pre ea p p 9 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 Tight 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
0
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-
0 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
le POTW
Report improperly signed, certified, or AO with $500 fine AS
completed, ? 30 days after notice by POTW AO with $1000 fine AS
{SV1Jsv1
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 1SV}JSVT 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
e
-5-
Type of Violation Appropriate Enforcement
10
1. Reporting violations. ERA. Official
Repeated I ate f ilings, d oes not follow through AO with $1000 fine AS
on verbal /written agreements, ±or no reports at CL S
all {SV1LSV1 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 load, or change in AO with $1000 fine AS
discharge (harm results) CL
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}fSV1 CP
TSS S
Falsification of any information in any report or CP S
1 IP
document JSVHSV1 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) {SV}JSV1
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) {SV}JSVI CL S
CP S
TSS S
0
-6-
11110 Type of Violation Appropriate Enforcement
3. Un- renewed permitted discharge violation ERA. Official.
Failure to renew s 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 I
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
{SVjfSV1 TSS S
ill Repeated violations after notice by the POTW AO with $1000 fine AS
(with /without harm) {SV}jsvl CL S I
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 {SV}JSVj CP S
Isolated, major violation ( >150% o f any limit), AO with $250 fine AS
little or no harm AO with $500 fine AS
ill
-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}JSVI ES/TSS 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 {V}JSVI
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 ill
Repeated failure to monitor all pollutants AO with $1000 fine AS
(equipment installed) {S-VESV1 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) {SV}JSV1 TSS S
III
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0 Type of Violation Appropriate Enforcement
5. Self - monitoring problems. . i 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
{jay] CP S I
TSS S
Failure to resample after a non - compliance AO with $500 fine AS
sample {SV}ISV1 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 S
CP
TSS S
Tampering with any pretreatment, sampling, or CP S
monitoring equipment (harm) {SV }JSV1 TSS S I
6. Improper sampling technique. PS
No evidense of intent: NOV
AO with $250 fine AS
AO with $500 fine AS
.40 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 1SV}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 a 30 but s45 days after notification AO with $500 fine AS
AO with $1000 fine AS
CL S
III
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Type of Violation Appropriate Enforcement
ERA. Official
•
7. Failure to install pretreatment or monitoring equipment:
Delay of >45 days {SVJSVI AO with $1000 fine AS I
CL S
CP S
TSS S
Repeated violation {SV}JSVI 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 JSVI CL S
CP S
TSS S ill
Repeated violation {SV]JSVI AO with $1000 fine AS 5
CL S
CP S
TSS S
[Insert A] f Is this reference correct?' 1
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) ISV1JSVI penalty
CL S
CP S
TSS S
•
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• Type of Violation Appropriate Enforcement
9.Compliance schedule in AO. ERA. Official
Repeated violation [SVISVI CL S
CP S
TSS S
[Insert A] (Is this reference correct ?'
10. Wastestreams diluted in lieu of treatment:
Initial violation NOV PS
AO with $500 fine AS
AO with $1000 fine AS
Repeated v— iolation [SV][SVI AO with $1000 fine AS
CL S
CP S
TSS S
11. Failure to mitigate noncompliance or halt production. PS
Does not result in harm NOV
AO with $500 fine AS
AO with $1000 fine AS
Does result in harm AO with $1000 fine AS
CL S
0
Failure to mitigate continues after 45 days CL AS
{sagJSV1 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 {SV]JSV1 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
f VlfSv1
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Type of Violation Appropriate Enforcement
13. Entry denial. ERA. Official
, fb
Repeated denial {SV-IfSV1 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 {SV}Jsvl 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
{SVJJSV, AO with $1000 fine AS
CL S
CP S
16. Inadequate recordkeeping.
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) {SVIJSV1 CL S
Repeated violation [SV}JSVl AO with $1000 fine AS
CL S
CP S
TSS S
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• 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 ISV}fSVI AO with $1000 fine AS I
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 S
caused imminent danger to human welfare or CP S
to the environment and has resulted in the City TSS
exercising its emergency authority to halt or
prevent such discharge [SV}ISVI
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
11
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■
DESCRIPTION OF POSSIBLE
0
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)
0
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, Iessformal, 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
III
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i ,j• v ,- u
•
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 discha'r'ger'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
•
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2. Administrative Orders with Fine
(SUO 7 65 190, .200, .210, .220) 411
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 viola
follow a compliance schedule)
of a previously
issued AO (such as refusal to pay a fine or
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, 410
• 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 f orce t he d ischarger i nto c ompliance a nd a re n of r elated t o o ther 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-
S What to include CDO direction to comply forthwith with 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
411 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 a n AO w ith a higher fine and/or a more
stringent ERA.
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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 o f a ny i njured p ersons 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 t he
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
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• standard of care a reasonable person would e xercise 1 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
0 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
O 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
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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
Ill
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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 EPAIWDOE.
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-
0 Community Awareness Program 1
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
10 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
0 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-
III „ ,.
ORDINANCE NO 2003 -75
AN ORDINANCE relating to wastewater services, rates,
fees, and charges; adjusting various 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 financing 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 in this Ordinance; and
WHEREAS, the City Council determmes 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 "Biochemical oxygen demand" (BOD) shall have the same meaning as m Chapter
7 65
2. " Industrial discharger" shall have the same meaning as m Chapter 7 65
• 3 "Industrial wastewater" shall have the same meaning as in Chapter 7 65
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NOVEMBER 2003 RATE ORDINANCE
4 "Minor mdustnal user" (MIU) shall have the same meamng as in Chapter 7 65
5 "Sewer" shall have the same meaning as in Chapter 7 65
6 "Sigmficant industrial user" (SIU) shall have the same meaning as in Chapter
7.65
7 "Suspended solids" (SS) shall have the same meaning as in Chapter 7 65
8 "Total suspended solids" (TSS) shall have the same meamng 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 meamng 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 premises or, if metered, the quantity of and concentration of BOD and TSS in wastewater
discharged into the wastewater sewer system in the city of Yakima and in areas outside the
corporate limits of the city, for the carrying and discharge of all wastewater into 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 financmg
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 pertaimng to the
furmshmg of city sewer service outside city corporate limits.
2 • Pre - treatment
NOVEMBER 2003 RATE ORDINANCE
fb
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 maintenance of the wastewater system and the user charge system. The charges for
users or classes of users shall be revised as required.
C. Connection Charges. 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
p remises within the city served by the city 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 -
unit residential customers.
Charges effective
Nov 10, 2003
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NOVEMBER 2003 RATE ORDINANCE
411
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 -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
(6 77 /account) + ($6.24dwelling unit)
(b) 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 verified by the city If the customer chooses, at its
expense, to install a samplmg station, the strong waste charge shall be calculated based upon
4
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NOVEMBER 2003 RATE ORDINANCE
•
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 in 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 [verified concentrations] minus
three hundred)
In the foregoing formula, the apphcable 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 Mumcipal Code is amended to read as follows.
7.60.025 Non (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
4110 5
P re- 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 -umt 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 unit)
(b) Volume Charge. For all customers, the volume charge shall be
determined by the following:
6
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NOVEMBER 2003 RATE ORDINANCE
411
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 m
section 7 60 105 of this title The followmg formula shall be utilized to calculate the strong
0 waste SW charge
= 11
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 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.
1 . t. 1 .. ! , I :1: : . : . . JLter -bilk
- . - . - - - .. : .. . . • . .. . )ayablc at the office of
the tr asurcr of the city, and shall be billed for and payable at the same ti me as the water bill for
. .. .. .. -; . . ... - - - . . - - . . - pted unless payment of
0 Pre - treatment 7
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)] + [(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)
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NOVEMBER 2003 RATE ORDINANCE
ill
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. Receivmg costs shall be calculated by the wastewater
manager and based on actual or estimated staff time, matenals, 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 authority over what tests shall be
required for any discharge.
C The amount of the disposal fee, at the rate specified m 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
unnnmetered 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 in violation of this subsection shall upon conviction thereof be subject to a fee
not exceeding two hundred fifty dollars or subject to imprisonment m the city fail 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
411 supplies which are ultimately discharged into the city wastewater system shall pay wastewater
9
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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 premises 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
premises or the wastewater discharged therefrom, shall be charged a wastewater service charge
accordmg 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 Mumcipal Code reads as follows
7.60.055 Each premises an individual co sumer.
For purposes of computmg 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 umt and each dwelling
umt in a two- family dwelling or in a multiple dwelling, as all those terms are defined in Title 12,
Zomng, of the city of Yakima Mumcipal Code, shall constitute one mdividual 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 m Title 12, Zomng, of the city of Yakima Municipal Code,
rather than each separate trailer site therein, shall constitute an mdividual consumer for purposes
of those sections. Each such consumer constitutes a premises to which the mimmum 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, sprinkling or other cause, or is used m manufactured goods and commodities, and the
person m control provides proof of this fact and installs a meter or other measuring 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
411)
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NOVEMBER 2003 RATE ORDINANCE
0
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 determme
charges for wastewater during the summer months are due to water used for irrigation, the
wastewater charge for the summer penod may be adjusted to reflect the winter months'
chargeswater consumption.
Section 11. Section 7 60 080 of the Municipal Code reads as follows.
7.60.080 Home Kidney Dialysis
410 Home Kidney Dialysis. A residential customer who undergoes kidney dialysis at his or her
h ome, 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 recogmzed 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
delinquent shall immediately become a lien upon the premises, and if unpaid for sixty days after
the date payment was due, shall bear mterest 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 lien
shall be supenor to all other liens and encumbrances except general taxes and local and special
assessments.
® Pre- treatment 11
NOVEMBER 2003 RATE ORDINANCE
Section 13. Section 7.60 100 of the Mumcipal 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 prior 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 heanng 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 heanng, the customer service manager or his I
designee shall conduct a heanng, and the customer requesting the hearmg shall be notified m
writing by the customer service manager or his designee of the time, date and place of such
heanng. Pending the outcome of a hearmg, 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 Fees 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 1
fees for certain discharges to the wastewater system, to compensate the city for the cost of
administration of the pretreatment program established m Chapter 7 65 hargcs for
dischargers subject to Chapter 7 65 are as set forth in Chapter 7.58 of this Code.
B Rated Fees to be Published. The wastewater manager shall maintain
a schedule of current rates charges an-' 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 des- and -fees for a significant industrial user
C. Base Rate Fee for Minor Industrial Users. -Commencing on the effective date e€
this -sect , mires -Minor industrial users (as defined in Chapter 7 65) shall pay a base ratc fee
for pretreatment service as indicated below. of $68.01 /month. Significant Industrial Users
(SIU's) shall not be subject to a base ratefee.
ill ChargeFee FeeC—herge FeeGhafge FeeCharge
effective effective effective effective
Nov 4, January 1 January 1, January 1,
2003 2004 2005 2006
MIU Base Rate $ 68.04 $70.08 $ 70.91 $ 73.04
Per month
1. The base fees set forth in subsection C of this section are to be billed at 75% for
customers located within the city limits. Other customers will be billed at 100% of base
fees.
D. Annual Permit Fees for Significant Industrial UsersLSIU'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 pay 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 be in addition to Fees for Related Services.
• 13
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NOVEMBER 2003 RATE ORDINANCE
DE. Charges and Fees for Related Services. Commencing on the effective date of the
ordinance codified in this section and until amended pursuant to subsection E F below,
significant Significant industrial users shall pay charges-and-fees to defray costs incurred by the
City in other, activities associated with implementing SIU permits, including public notices,
$__ .hea follow -up the sampling inspections, sampling, and-laboratory testmg -, and all
post - violation charges-and-fees as charges and fees provided below for those specific services
described or listed below All Pretreatment customers (SR's and MIU!s) shall also be subject to
the sampling, laboratory testmg, 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. Chid - Fees for related charges services not listed in either subsection (1), (2),
or (3) following, shall be as determined by the Wastewater manager based on the City's cost of
providing such services.
(1) Sampling ChargeFee. 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 samplmg 1
period, pursuant to the followmg 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 _ $267.90 5275.94 $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
ChargeFee Charge Fee ChargeFee ChargeFee
Effective Effective Effective Effective
Test Nov 10, January 1, January 1, Januaryl,
2003 2004 2005 2006
14 • Pre - treatment
NOVEMBER 2003 RATE ORDINANCE
0
BOD- Biochemical
Oxygen Demand $39.51 $40 70 $41.92 $43 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
BOlSeluble 59.26 64414 6278-7 64,76
PCOD 39.51 40 70 41.92 43 17
COD Soluble 59.26 61 04 62.87 64 76
TDS 39.51 40 70 41.92 43 17
Alkalinity (Carbonate) 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 41912 431.69
Nitrate 39.51 40 70 41.92 43 17
Nitrite 39.51 40 70 41.92 43 17
P re - treatment
0 15
NOVEMBER 2003 RATE ORDINANCE
Organic/Volatile Acids 19 75 20.34 20.95 21.58
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 Zylenexylene _ Highvolatile
hydrocarbons
TPH. Total Petroleum Hydrocarbons (includes oils, gasolme, 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
•
FeeCharg FeeCharge FeeCharge FeeCharge
Transaction or Service e 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 $510.53
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 will be billed at 100% of the fees set
forth in subsection E.
-€F Amendment of 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. Any such amendment shall be based
... ., _ - • - . : providmg wastewater prctr tmcnt service as
_ - - • ... .. .. e _ . II • - .. . -t forth in subsection C of
•
P re- treatment 17
NOVEMBER 2003 RATE ORDINANCE
•
this section are to be billed at 75% for customers located within the city limits. •
• - . . . j 10 . . .. - . - - - -
amended by ordinance of the city council.
2. 2. The charges and fees set forth in subsection D-E 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 obtammg services from
private laboratones 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
. - .. - - .. e - . . 110.
council.
F-G. 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 16. 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 17. 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
a ny reason, such decision will not affect the validity of the remaining portions of this ordinance,
which shall continue m full force and effect.
Section 18 This ordinance shall be m full force and effect (30) calendar days after its
passage, approval and publication as provided by law and by the City Charter
0 19
P re- treatment
NOVEMBER 2003 RATE ORDINANCE
PASSED BY THE CITY COUNCIL, signed and approved this 16th day of
December, 2003
Mary Place, Mayor
ATTEST
City Clerk
Publication Date 12 - 19 - 2003
Effective Date 1 - 18 - 2004
•
20 411
Pre- treatment
NOVEMBER 2003 RATE ORDINANCE
AL 173 -224 CHAPTER
P a ` e i of _ .
III 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 Permit fee schedule.
173 -224 -050 Permit fee computation and payments
173- 224 -060 Pernuts issued by other governmental agencies
173 -224 -080 Transfer of ownership or control.
173- 224 -090 Small busmess fee reduction.
173 -224 -100 Admmrstratrve appeals to the department.
173 -224 -110 Deposits
173 -224 -120 Past due payments.
0 DISPOSITIONS OF SECTIONS FORNLIRT,Y CODIFIED IN THIS CHAPTER
173- 224 -070 Credits [Statutory Authonty• Chapter 43.21A RCW 89-12 -027 and 90 -07 -015 (Order 89 -8.and 89 -8A), §
173 - 224 -070, filed 5/31/89 and 3/13/90, effective 4/13/90 ] Repealed by 96-03 -041 (Order 94- 21),.filed
1110/96, effective 2/10/96 Statutory Authority Chapter 90 48 RCW
.i4
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 authorizes 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 estunate of fee eligible peiunt 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 peinnt 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), § 173 - 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 ]
0 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 pursuant to RCW 90 48 160,
90 48 162, 90 48 200 or 90 48.260, including persons holding permits that remain in effect under
WAC 173- 216 -040, 1 73 - 220 - 180(5), or 173 - 226 -050 This chapter does not apply when a wastewater
discharge pellnit is written for a state conducted remedial action under the Model Toxics Control Act.
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WAC 173 -224 CHAPTER Page 2 of 1
That is, ecology will not charge itself for wastewater discharge permits wntten for sites v here 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 administering peanuts 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 in 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 permit 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 dunng the last complete calendar year by a facility in the
crop preparing industry The bins measure approximately 47 5 inches x 47 4 inches x 29 5 inches and
hold approximately 870 pounds of fnut.
"Chemical pulp mill w /chlonne bleaching" means any pulp mill that uses chlonne or chlorine
compounds in their bleaching process
" Combined food processing-waste treatment facility" means.a 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 chemicals, 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 annual 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 fnut for wholesale or retail sale by washing and/or
other processes m which the skin of the fruit is not broken and in which the mtenor part of the fruit
does not come m direct contact with the wastewater
"cu. yds /yr" means the total production from an aggregate production facility in cubic yards dunng
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, buildmgs, industrial establishments or other places, together with any ground
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WAC 173 -224 CHAPTER Page 3 o, _ ;
water infiltration or surface waters that may be present.
fa "Domestic wastewater facility" means all structures, equipment, or processes required to collec
carry away, treat, reclaim or dispose of domestic wastewater together with sucn industrial waste as
may be present.
"Existing operations" means those industrial operations requiring a wastewater discharge penal.
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 by
means of hatchenes, 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 peiinitted 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
"Industrial facility" means any facility not included in the definition of municipal /domestic
j facility
" Industnal gross revenue" means the annual amount of the sales of goods and services produced
41) using the processes regulated by the wastewater discharge peuiiit.
"Industrial stow' water" means an operation required to be covered under ecology's NPDES and
state waste discharge baseline general peiiint for stiorm water discharges associated with industrial
activities or modifications to that permit or having an individual wastewater peuiiit for storm water
only
"MGD" means permitted flow expressed in million gallons per day
"Manufactunng" 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 colonng), chemical etching and mulling,
and printed 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 mumcipalities for sewage
• interception, treatment, collection, or disposal.
Gross revenue excludes
Amounts derived 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
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WAC 173 -224 CHAPTER Page 4 of 1
other penalties and fines
Permit fees and compliance momtonng fees for wastewater discharge permits issued by
municipalities with local pretreatment programs Permit fees which are charged to cover the cost of
providing sewer service are not excluded from municipal gross 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, distract, association, or other public body created by or
in accordance with state law and that has jurisdiction over disposal of sewage, industrial wastes, or
other wastes, or an Indian tnbe or an authonzed 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, inteimediate product, waste product or finished product,
and which does not contain chemicals added by the permittee 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 founing" means the manufacturing of semifinished products from pure metal
or metal alloys other than iron or steel or of metals not otherwise classified in WAC 173- 224 - 040(2
"Nonoperating aggregate site" means a location where.previous mining or processing has
occurred, that has not been fully reclaimed, that has no current mining 6r processing, and that may
- include stockpiles of raw materials or finished._products The permittee may add or withdraw raw
materials or finished products from the stockpiles for transportation offsite for processing, 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 Maned Materials, Concrete Batch
Operations and Asphalt Batch Operations
"NPDES permit" means a National Pollutant Discharge Elimination System permit 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
pnvate corporation, partnership, association, firm, individual, or any other entity whatever
"Portable facility" means a facility that is designed for mobility and is moved from site to site for
short team operations A portable facility applies 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 including 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 - family residence In cases where
the permit holder does not maintain data on gross revenue, user charges, and/or the number of sin
family residences that it serves, "residential equivalent" means an influent flow of two hundred fif
gallons per day
"Sewer service" means the activity of receiving sewage deposited into and carved off by a system
of sewers, drams, and pipes to a common point, or points, for disposal or for transfer to treatment for
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WAC 173 -224 CHAPTER Page 5 of
disposal, and activities involving the interception, transfer, storage, treatment, andior disposal_ of
0 sewage, or any of these activities
"State waste discharge penuit" means a permit required under RCW 98 48 260
"Stoilu water" means an industnal 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 cp)(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 Authority. 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) Application fee In addition to the annual fee, first
time applicants (except those applying for coverage under a general peiiiut) will pay .a one time
application. fee of twenty -five percent of the annual peiunt 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 permit for other than the discharge resulting from the RCRA corrective action, is being
modified.
III (2) Industrial facility categories
FY 2004
FY 2003 ANNUAL
ANNI4L PERMIT FEE AND
INDUSTRIAL FACILITY CATEGORIES PERMIT FEE BEYOND
Aluminum Alloys $13,292 00 $13,729 00
Aluminum and Magnesium Reduction Mills
a. NPDES Permit 78,385 00 80,964 00
b State Permit 39,194 00 40,483 00
Aluminum Forming 39,875 00 41,187 00
Aggregate Production - Individual Permit Coverage
a Mining Activities
1 Mining, screening, washing and/or crushing 2,287 00 2,362.00
2. Nonoperatmg aggregate site (fee per site) 94 00 97 00
b Asphalt Production
1 0 - < 50,000 tons /yr 953 00 984 00
2. 50,000 - < 300,000 tons /yr 2,288 00 2,363 00
3 300,000 tons /yr and greater 2,861 00 2,955 00
c. Concrete Production
1 0 - < 25,000 cu. yds /yr 953 00 984 00
2 25,000 - < 200,000 cu. yds /yr 2,288 00 2,363 00
3 200,000 cu. yds /yr and greater 2,861 00 2,955 00
The fee for a facility m the aggregate production category is the sum of the
• applicable fees in the mining activities and concrete and asphalt production
categones
d. Portable Operations
1 Rock Crushing 2,287 00 2,362.00
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WAC 173 -224 CHAPTER Page 6 of c
2 Asphalt 2,287 00 2,362 00
3 Concrete 2,287 00 2,362 00 i
Aggregate Production - General Permit Coverage
a. Mmmg 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 in the mining 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 Penult 3,987 00 4,118 00
al
b Fuzfish hatching and rearing - General Permit Coverage 2,793 00 2,885 00
c Shellfish hatching 138 00 142.00
Aquatic Pest Control
a. Irngation 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 0
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
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WAC 173 -224 CHAPTER Page 7 of if:
e. 500,000 gpd and greater 39 875 00 41 187 00
41110 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 buns /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 bins /yr 3,521 00 3,636 00
f. 20,000 - < 25,000 buns /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
i. 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 bins /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 bins /yr 3,442 00 3,556 00
g 25,000 - < 50,000 bins /yr 4,605 00 4,756 00 -
h. 50,000 - <75,000 bins /yr 5,117 00 5,285 00
1. 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 Umt not to exceed $954 00 for FY 2003 and
$985 00 for FY 2004 and beyond
Facilities Not Otherwise Classified - Individual Perrnrt Coverage
40 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
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- WAC 173 -224 CHAPTER
Page Scii'-'
f. 500,000 - < 1,000,000 gpd 26,583 00 27 457 00
g 1,000,000 gpd and greater 39,875 00 41,18' 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 0
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 Permit 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 ill
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
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WAC 173 -224 CHAPTER Pace 9 of
f Acid Manufacturing 26,583 00 27,452 0(.,
• g Chlor -alkah 53,167 Q0 54,916 L
Iron and Steel
a. Foundries 13,292 00 13,729 00
b Mills 26,606 00 2 482 00
Metal Finishing
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
ilo 1. 5,000,000 gpd and greater 26,583 00 27,457 00
Noncontact Cooling Water With Additives - General Permit Coverage
a. < 1,000 gpd 583 00. 602 00
b 1,000 - < 10,000 gpd - 1,163 00 1,201 00.
c 10,000 - < 50,000 gpd 1,745 00 1,803 00
d. 50,000 - < 100,000 gpd 4,073 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
i. 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
ilo Noncontact Cooling Water Without .Additives - General Permit 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
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WAC 173 -224 CHAPTER Page 10 of i
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 gp.d and greater 14,885 00 15,375 00
Nonferrous Metals Forming 13,292 00 13,729 00
Ore Mining
a. Ore Mining 2,658 00 2,746 00
b Ore mining with physical concentration processes 5,315 00 5,490 00
c Ore mimng 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
Photofimshers
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 21,266 00'• . 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. Chermcal Pulp Mills
w/o Chlorine Bleaching 106,331 00 109,829 00
e. Chemical Pulp Mills
w /Chlorme 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
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WAC 173 -224 CHAPTER P Q> 11 of
Shipyards
• a. Per crane, travel hft, small boat lift 2,658 00 2 746 0
b Per drydock under 250 ft in 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 in the facility
Solid Waste Sites (nonstomd 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 categonzed 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
il, b Facilities covered under the Industrial Storm 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 - Individual Permit Coverage 3,324 00 3,434 00
Water Plants - General Permit Coverage 2,326 00 2,403 00
Wmenes
. 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
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WAC 173 -224 CHAPTER Page 12 of 1
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
categories that operate within several fee categones 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 primarily serves residential
customers may not exceed three dollars per residential equivalent. The number of residential
equivalents is deteimined by dividmg the facility's annual gross revenue m the previous calendar year
by the annual user charge for a single family residence that uses rune hundred cubic feet of water per
month.
(c) Crop preparation and aggregate production permit holders are required to submit nnfounation
to the department certifying annual production (calendar year) or unit processes When required, the
department will send the mformation form 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
infolmatnon will result in a fee determination based on the highest subcategory the facihty has
received permit coverage in.
(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 authonzed partner; or
(D) In the case of a sole proprietorship, by the propnetor
(ii) The department may verify information submitted and, if it deter ones 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 determinations
(d) Fees for crop preparers discharging only noncontact cooling 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 facihty category exists for placement of a permit holder, the
department may elect to place the pelnnrt holder m a category with dischargers or permit holders that
contain or use similar properties or processes and/or a category which contains similar peimntting
complexities to the department
(f) Hazardous waste clean up sites and EPA authorized. RCRA corrective action sites with whom
the department 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 permit 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
period 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 mimmum eighteen -month nonoperating mode but go back into
operation during the same eighteen -month penod will be assessed permmt fees as of they were active
during the entire penod.
(h) Facilities with subcategories based on gallons per day (gpd) shall have their annual permit f
detemuned 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
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WAC 173 -224 CHAPTER p : L.
permit fee regardless of whether the discharge is authorized by a separate penult or b. a mod_ficatior
0 to an existing penult for a discharge other than that resulting from the corrective action
(3) MUNICIPA.L/DOMESTIC FACILITIES
(a) The annual peiuiit fee for a permit held by a municipality for a domestic wastewater facilit\
issued under RCW 90 48 162 or 90 48 260 is determined as follows
F
FY 2003 Annual
Residential Equivalents Annual Permit Fee and
(i) (RE) Permit Fee Beyond
< 250 000 $ 1 63 $ 1 68
> 250 000 .99 1 02
(n) Municipal stoup water peiuiit annual fee for only those entities fisted below will be
FY 2004 Annual
FY 2003 Permit Fee and
Name of Entity Annual Permit Fee Beyond
King County $30,276.00 $31,272.00
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
4 Facilities listed in a ii of this subsection shall an annual fee for fiscal ear 2000 and year fiscal
OO pay Y
year 2001 regardless of the permit issuance date or the number of municipal Storm water permits
under which they are covered.
(b) The annual peanut fee under RCW 90 48 162 or 90 48.260 that is held by a mumcipahty
which
(i) Holds more than one permit for domestic wastewater facilities, and
(ii) Treats each domestic wastewater facility 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 penults held by a municipality that
(i) Holds more than one permit for domestic wastewater facihties issued under RCW 90 48 162 or
90 48 260, and
(ii) Does not treat each domestic wastewater facility as a separate accounting entity, as descnbed
in (b) of this subsection, is deteinimed as in (a) of this subsection.
(d) The permit fee for a privately -owned domestic wastewater facility 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 pnmanly used for domestic dwelling purposes
(e) The annual peuuit fee for pnvately owned domestic wastewater facihties must be determined
by using the maximum daily flow or maximum monthly average peiiuitted flow in million gallons
per day, whichever is greater, as specified in the waste discharge permit Peiunt fees for pnvately-
0 owned domestic wastewater facihties that do not serve primanly residential customers and for state -
owned domestic wastewater facilities are the following
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WAC 173 -224 CHAPTER Page 14 o
FY 2003 FY 2004 Annual
Annual Permit Permit Fee and
Permitted Flows Fee Beyond
•
1 MGD and Greater S6,644 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 m 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 perrrut 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 facihty for sewage interception, treatment, collection, or
disposal
(I) Divide any amounts received from other mumcipalrties during the previous calendar year by -
the annual user charge for a single- family residence In this case "arinual user charge for a single- •
family residence means the annual user charge that the facihty 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 tees, 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 peiiliit 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 municipality 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 in
other municipalities
(C) The number of residential equivalents is the sum of the number of residential equivalents
calculated in (f)(11)(A) and (B) of this subsection.
(iii) 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 pe
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
bimonthly, the annual user fee is calculated by multiplying by six the bimonthly user fee for a single -
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WAC 173 -224 CHAPTER Page 1 c.;
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 m these calculations must be that which applies 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- farm.' \
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)(ui)(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 peunit 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 (11)
of this subsection to calculate the number of residential equivalents that it serves, then the number of
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 permit 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 monitoring reports for the previous calendar year
• (g) Fee calculation procedures for holders of permits 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 permits for pnvately -owned domestic wastewater - facilities that
primarily serve residential customers must complete a foini certifying the number of residential
equivalents served by their domestic wastewater system. The fouii must be completed and returned to
the department within thirty days after it is mailed to the penult holder by the department Failure to
return the foiiii could result in penult termination.
(ii) The fouii 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 partner;
(C) In the case of a general partnership, by an authonzed partner;
(D) In the case of a sole propnetorship, by the proprietor; or
(E) In the case of a municipal or other public facility, by either a ranking elected official or a
pnncipal executive officer
(iu) The department may venfy the information contained in the foiiu and, if it deteimnnes that the
peiuut holder has made false statements, may, m addition to taking other actions provided by law,
revise both current and previously granted fee deteiuunations
[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 beginning of the year to which they apply The department shall notify permit
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WAC 173 -224 CHAPTER Page 16 of 19
holders of fee charges by mailing billing statements Permit fees must be received by the deparment
within forty-five days after the department mails a bilking statement. The department mad elect to bii�
permit holders a prorated portion of the annual fee on a monthly, quarterly, or other periodic 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 penults issued for aquatic pest
control Pernuts issued for aquatic pest control fee category shall pay the full annual fee assessment
regardless of when permit coverage is granted. In the case of applicants for state waste discharge
permits who are deemed to have a temporary peiuut under RCW 90 48 200, computation shall begin
on the sixty -first day after the department accepts a completed application. In the case of I\TPDES
pemut 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 apphcation by the department. Any facility thatobtains permit coverage but fails to
operate will still be obligated to pay the annual permit fee assessment until the permit has been
terminated by the department. Permits termnated during the fiscal year will have their fees prorated,
excluding penults 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 dunng 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) Permit coverage for up to three months.will pay twenty-five percent of the annual permit fee,
(b) Peiilut coverage for three to six months will pay fifty percent of the annual permit fee,
(c) Peimit coverage for six to nine months will pay seventy -five percent of the annual peg nit fee,
and
(d) Permit coverage for nine months or greater will pay one hundred percent of the annual permit
fee
(3) Permit fee computation for general pernuts Computation of fees for permittett covered under
as general permit, excluding those general permits issued for aquatic pest control, begins on the permit'
coverage date Permits 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 facility has ever operated until the permit
has been terminated by the department. Permits teiuimated 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 pernut termmation is granted Ecology will not process refunds of
one hundred dollars or less
(4) Peiuirt fees for sand and gravel (aggregate) general permit holders will be assessed as in
subsection (3) of this section and
(a) Nonoperatmg 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 facihty producing no asphalt and/or concrete during the calendar year is also considered
nonoperating for fee purposes
(b) Nonoperatmg 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
be based on 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
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WAC 173 -224 CHAPTER Page 1 o; 19
production totals for concrete and/or asphalt produced dunng the previous three calendar Years or for
411)
the number of full calendar years of operation if less than three New facilities with no historical
asphalt and/or concrete production data will have their first year fee based on the production levels
reported on the apphcation for coverage under the National Pollutant Discharge Elurunation System
and State Waste Discharge Permit for Process Water, Stouii Water, and Mine Dewatenng Water
Discharges Associated with Sand and Gravel Operations, Rock Quarries and Similar Mining
Facilities including Stockpiles of Mined Matenals, Concrete Batch Operations and Asphalt Batch
Operations general penult. 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
deteiniined 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 mimmum of twelve calendar months before the status can be
changed to nonoperating
(5) Fees for crop preparation general peirnit 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 m WAC
173- 224 -040 (2)(d) New facilities with no historical production data will have their first year fee
based on the estimated production level for that year The second year fee will be deteiiiimed based
on the actual production during the first year and estimated production for the second year The third
0 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 year will be based on the average
production values of previous years _ _
(6) Facihties with construction and industrial storm w ater general permit coverage will have their
annual permit fees begin on the penult issuance date Penult fee accrual will continue until the peiinit
has been terminated 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 permit who also have
obtained industrial and/or construction stoini water general permit coverage shall only pay an annual
fee based on the pernnt 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 penult, dunng the quarter the teiiiiination 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 depaitinent shall consider the
permit fee to be unpaid.
(11) Delinquent accounts Permit holders are considered delinquent m the payment of fees if the
fees are not received by the first invoice 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) Nonmumcipal or nongovernment peivait holders shall be notified by the department by
® certified mail that they have forty -five days to bnng the delinquent account up -to -date. Accounts that
remain delinquent after forty -five days will be turned over for collection. In addition, a surcharge
totaling 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 delmquent fees after twelve
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WAC 173 -224 CHAPTER Page is c:1 -
months, the peniit holder may receive a permit revocation letter for nonpayment of fees
[Statutory Authon tY Chapter ter 90 48 RCW 02 -12 -059 173 - 224 -050 filed 5/30/02, effective 6!30/02 00 -02 -031 ':)-ce -at
[ P §
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 permit 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 adrnimstered 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 Authority 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 peniint 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, arid the department -shall not refund fee
charges prospectively m the event of a transfer. Fees paid by a previous peiimt Bolder shall be
deemed to satisfy the corresponding fee payment requirements of a new permit holder Agreements
between a new an. previous permit holder are not binding on the depai tuient.
[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 penult fee
(1) To qualify for the fee reduction, a business must
(a) Be a corporation, partnership, sole proprietorship, or other legal entity fouiied 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 penult, and
(d) Pay an annual wastewater discharge penint fee greater than five hundred dollars
(2) To receive a fee reduction, the peniit holder must submit an apphcation m a manner
prescribed by the department demonstrating that the conditions of subsection (1) of this section have
been met. The apphcation 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 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 detemunes
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WAC 173 -224 CHAPTER `' Pad° 10 c_ _ lc
that the permit holder has made false statements, may deny the fee reduction request and re\ oke
. previously granted fee reductions `
(4) The penult fee for small businesses determined to be eligible under subsection (1) of this
section shall be reduced to fifty percent of the assessed annual pernut fee
(5) If the annual gross revenue of the goods and services produced using the processes regulated
by the waste discharge pelinit is one hundred thousand dollars or less, and the annual pe-rnit fee
assessed imposes an extreme hardship to the business, the small business ma' 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 permit 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 - 224 -100 Administrative appeals to the department. Any. person aggrieved by a
deteiunnation made under this chapter by the department may file a written appeal to the department
no later than each fiscal year's first billing due 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 deteiunnation or a statement
upholding the ongmal deteuumation. A revised determination shall be consistent with the
requirements of RCW 90 48 465 Any person feeling aggrieved by the administrative appeals
0 decision made by the department regarding their peiinit 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 98504 - 7696, within thirty'd'ays 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 penult 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 - 224420 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 Authority 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 ]
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:x -XiL 1., 1.yt tF ,
/;::+7. \ APPLICATION FOR A WASTEWATER
r ' `' DISCHARGE PERMIT FOR DISCHARGE OF
0
,,.:` 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 charactenstics of the discharge
The City may request additional information at a later date to clanfy 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
0 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
o 1 11 N 0 1 11 W
6 Facility contact who is familiar with the information contained in this application
Name Title
el Telephone Number Fa\ Number
Page 1 of 15
7 Check One
❑ Permit Renewal (mcludmg renewal of temporary permits authorized 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 arid all attachments were prepared under nn direction
or supervision in accordance with a system designed to assure that qualified personnel properl■ gather
410 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 a fine and /or
imprisonment for knowing violations
Consent release
Undersigned hereby acknowledges by signature that the Cit' 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 pernnittee's premises where a regulated facility or activity is
located or conducted, or where records must be kept under the conditions of
this pernut,
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 times 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
ill substances or parameters at any location, and
5 Inspect any production, manufacturing, fabricating or storage area where
pollutants, regulated under the permit, 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 perinit and the right to discharge to the City of Yakima's POTW
•
Signature* Date Title
Printed Name
E *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 propnetor 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 Briefly 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.)
Description.
2 List raw materials and products.
410
Type RAW MATERIALS Quantity/Year
Type PRODUCTS Quantity/Year
Paae 4 of 15
SECTION C. PLANT OPERATIONAL CHARACTERISTICS
410 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 O I 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(f))? ❑ 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
SECTION D. WATER CONSUMPTION 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, 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
•
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
pH, 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
✓ 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 ig/I
pH 4500 -H 0 1 units
Total Residual Chlorine 4500 -CI E 1 mg/I
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 4500 -N org 20 mg/I
Ortho- phosphate -P 4500 -P E or 4500 -P F 1 mg/I
• •
0 . •
Parameter Concentrations Measured Analytical Method Detection
• ✓ Minimum Maximum Average Std. Methods 19th edition Limit
Total- phosphate -P 4500 -P B 4 1 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 /I
Magnesium 3500 -Mg B 0.5 pg /I
Potassium 3500 -K B 5 pg /I
Sodium 3500 -Na B 2 pg /l
Sulfate 4500 -SO E 1 mg/l
Arsenic (total) 3114 B 2 pg /I
Barium (total) 3500 -Ba B 30 pg /I 41.c; '?
Cadmium (total) 3500 -Cd B 5 pg /I ' ° '" i'''',4:
Chromium (total) 3500 -Cr B 50 pg /I
Copper (total) 3500 -Cu B 20 pg /I
Lead (total) 3500 -Pb B 100 pg /1
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 -Se C 2 pg /I
Silver (total) 3500 -Ag B 10 pg/I
Zinc (total) 3500 -Zn 13 5 pg/I
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 mat require
additional effluent testing based on information submitted in this application.)
5 Does this facility use any of the following chemicals as raw materials in production, produce
them as part of the manufacturing 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- Dinitro -o- cresol 534 -52 -1 Phenol 108 -95 -2
2,4- Dinitrophenol 51 -28 -5 2,4,6- Trichlorophenol 88 -06 -2
2- Nitrophenol 88 -75 -5
•
Paae 10 of 15 ECY 040 -177 (Rev 2/971
•
Antimony 7440-36-0 METALS
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
Dieldnn 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- nitrosodiphenylannne 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 ❑No
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 9
❑ 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 )
411
Paae 12 of 15
• SECTION G. OTHER PERMITS
1 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
so
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
0 ❑ 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 Matenal Handling Equipment •
❑ Vehicle Maintenance
❑ Areas Where Significant Matenals 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 apph)
❑ 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
ii• 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
0 ,
Paae 15 of 15
Example 1 for application section C.2 (SCHEMATIC DIAGRAM)
•
ALL WATER USED IS FROM MUNICIPAL SUPPLY 6.000 gaUday Average, 11.000 gaUday maximum
;� UNLOADING .o STORAGE (2) COOKING PRESSING DRYING DRIED MEAL
TRUCKS PRODUCT
CLEANUP LEAKAGE CONDENSATE
WASHWATER TO WASTEWATER WASTE STREAM #1 TO
TO SS
(A) STORM DRAIN
SAN SEWER (SS) AVG. 100 GPD
AVG 100 GPD AVG 20 GPD MAX. 600 GPD
MAX. 600 GPD MAX. 20 GPD
WASTE STREAM #1 - WASTE STREAM #2
(A) PRETREATMENT le■
WASTEWATER TO SS
PRETREATMENT DETAIL (4) AVG 5000 GPD — UNIT (4) (SEE y
MAX. 10,000 GPD DETAIL) t
OIL TO SKIMMING 1 A
RECYCLER LEAKAGE WASTEWATER
CHEMICAL TO SS STICK WATER
ADDITION AVG. 20 GPD .0E SHORTAGE (5)
MAX. 20 GPD WASTE STREAM #2
i (a)
SOLIDS SETTLING L WASTE STREAM #1
SOLIDS (A)
COOLING WATER TO
STICK WATER STORM SEWER _
EVAPORATOR (6)
_am_ 100 GPD
MAX. 250 GPD
WASTEWATER
TO SS
WASTE STREAM #1 CONCENTRATED 0
(A) FISH PRODUCT
Example 2 for application section F1 or H8 (FACILITY SITE MAP)
N
6TH LOADING DOCK
AVE \,
`�` STORM D' • IN
0
(Bb 0 ROOF
DRAIN
STORM
DRAIN (A) O SANITARY
SEWER ACCESS
10TH ST
,,.
Paae 16 of 15
,=-__i`__,j "' APPLICATION FOR AN AUTHORIZATION TO
• ' DISCHARGE INDUSTRIAL WASTEWATER
0
TO THE CITY OF YAKIMA
Date
This application is for a wastewater authorization to discharge of industrial wastewater to a publicly
owned treatment works (POTW) as required in accordance with provisions of Chapter 7 65 Yakima
Municipal Code Authonzation 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
I _Applicant Name
2 Facility Name
(if different from Applicant)
0
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
O 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 O•o
For authonzation to discharge renewals, the current authorization to discharge is an
attachment, by reference, to this application.
❑ Authorization to Discharge Modification
❑ Existing Unauthorized Discharge
O 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
110
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
1 certify under penalty of law that this document and all attachments were prepared under in direction
or supervision in accordance with a system designed to assure that qualified personnel properll gather
and evaluate the information submitted Based on my inquiry of the person or persons who manage the
4111) 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 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 times, 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
III 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
0 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 Briefly describe all manufactunng processes and products, and/or commercial activities at this •
facility Provide the applicable Standard Industrial Classification (SIC) Code(s) for each activttr
(see Standard Industrial Classification Manual, 1987 ed.)
Description.
2 List raw materials and products.
Type RAW MATERIALS Quantity/Year
4110
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
11111 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 averag e 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
r
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
,s, _ ,s„ _, 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
0
1 How is the effluent measured?
concentration or pounds per day of BOD and TSS of the wastewater being
2 If known, what is the conc e p p y
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
i t i N
• 6TH LOADING DOCK
- AVE \,
`� STORM DR • IN
0
(B6 0 ROOF
DRAIN
STORM SANITARY
DRAIN (A) 0 SEWER ACCESS
10TH ST
ill
Paae 7 of 7 ■
° Y '`i , ''' � CITY OF YAKIMA
f WASTEWATER DIVISION
i^ 2220 East Viola
av ;
'��
D r) Yakima, Washington 98901
' _UkATFa 1 6 4 " 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 4
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.
III Permit and Authorization to Discharge requirements
3 Pretreatment Ordinance changes
4 Permit Fees
If you have any questions, please call me at 575 -6077
Sincerely
N\„\.\
Scott Schafer
Environmental Analyst
•
Yakima
Ixtrd
11FNnrkaI
1994
CITY OF YAKIMA
..L:
WASTEWATER DIVISION
2220 East Viola RECEI\IFD
'Q'." '� ` Yakima, Washington 98901 •
.' r/ •
'moo • :.. ,e° = Phone 575 -6077 • Fax (509) 575 -6116 NOV 0 6 2003
bQATLO
CITY OF UNION (;pp
November 6, 2003
Mr Dennis Henne
Public works Director
City of Umon Gap
P O Box 3008
Union 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 outhned in Section II SEWER USE
ORDINANCE paragraph B of the SPECIAL AGREEMENT between The City of •
Yakima and City of Umon Gap Please provide your comments within 30 days m receipt
of the enclosed revisions and the City of Yakima will take into consideration Union
Gap's comments when finahzing the revisions.
If you have any questions or need further assistance I can be contacted at (509) 575 -6077
Sincerely,
Max i , den
Utiht ngineer
City o Yakima
Wastewater Division
•
Yakim
AFMUrk4C
1 II
1994
n r
1 %<1;i:;‘„ CITY OF YAKIMA
� . ' WASTEWATER DIVISION )31
2220 East Viola
;v ;� Yakima, Washington 98901
• r Phone 575 -6077 • Fax (509) 575 -6116
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 in Section II SEWER USE
41, 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,
1/
/ Max, den
Utih Engineer
City of Yakima
Wastewater Division
Yakima
tad
M -x,cnr
1 11 1 !
1194
of ° Yei. `‘ , CITY OF YAKIMA
f !..'',, WASTEWATER DIVISION
r " 2220 East Viola /` E�':�E' ' °}
V ��_,, • ; Yakima, Washington 98901
:
III
:.�•. ��. NOV 1 7 1003 �
"��9 Phone 575 -6077 • •Fax (509) 575 -6116
`` �'t REG10N
Mr David Dunn
Dept. Of Ecology
Central Regional Office
15 West Yakima Ave Suite 200
Yakima, WA 98902
Re Pretreatment Ordmance Revision
Dear Mr Dunn
The City of Yakuna is m the process of revismg 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 Mumcipal Code
The Ordmance is Located m the Proposed Legislation section of the binder titled
III
Pretreatment Study Session November 4, 2003 For your information the
Enforcement Response Plan and Chapter 7 60 (Wastewater Collection Treatment Rates
and Charges) are mcluded in 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,
/e ff
Max m. d o
Utiht gmeer
Waste • ater Division
41)
Yaxima
AFMi•ka Ory
' �11U
1994
�a6 sTATf
O >
< s
ri �2
‘Hd ]889 a`y
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
15 West Yakima Avenue, Suite 200 • Yakima, Washington 98902 -3452 • (509) 575 -2490
November 20, 2003
Your address
Tria is in the
tir
i®wtr
` Yakima
''1R w 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
•
0
0 g
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
• SpilUSlugload 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 SpilUSlugload 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 wntmg and issuing wastewater
discharge permits to all significant industnal users (SIUs), for sampling, monitonng, and
mspecting 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, 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.
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 Program 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
411 final effluent limits in the City's permit. Tightening local limits may impact some
current business discharges.
Washington's water quality standards reguire 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 matenal 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 historically, toxicity issues at the City's POTW occurred dunng
fruit processing months. Ecology mandates industries 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
monitoring today, work begins towards a cleaner environment, with the capacit\, 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 requiring 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 authorizations
(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 inherited 30 significant mdustnal 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
such as administrative penalties and possible cnminal action to industnes that are found
to be out of compliance with the City of Yakima's Municipal 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 monitonng 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 industnal 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 Ci y wi11 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 authonties 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 battenes 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 staffs 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 monitonng 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 industnes 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 monitonng 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
• 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
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 cntical 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 ill
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.
•
ID
7
•
PRETREATMENT PROGRAM OVERVIEW
September — October 2003
Minor Industrial User Accounts:
Pretreatment has added the following accounts to the Pretreatment Program dunng this
time penod.
1 AgroFresh (Agricultural Facility) 925 N 5 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 during
this time period.
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 & Pnntmg
Oct.
1 Hollingbery
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, monitoring 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 Ceriodaphnza
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
1
® 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 critical
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 evert' WET
test series
PRETREATMENT PROGRAM OVERVIEW
November — December 2003
Minor Industrial User Accounts:
Pretreatment has added the following accounts to the Pretreatment Program during 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 Gnll (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 Coma 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 period.
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)
0•
iYr
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.
4111 TEMPORARY DISCHARGES
Nov
An "Authonzation 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.
•
o"," YA ° 'M, CITY OF YAKIMA
� WASTEWATER DIVISION
s
0 2220 East Viola
',V ,' " ,� Yakima, Washington 98901
■ - •6_ Phone 575 -6077 • Fax (509) 575 -6116
_4ATFO
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,
N,\
Scott Schafer
• Environmental Analyst
cc Doug Mayo, Wastewater Division Manager Yakima
An.Anatc,cnr
Il
1994
Dec 05 2003 13 33 Seneca Foods Corporation 509 -45 p 2
l�A
0
CO ANY ,
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 Mt Schafer,
Seneca Snack 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 FOG 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 V ater Works, the equipment manufacturer, to determine and set optimum control points for monitoring and
managing wastewater levels within permitted limits.
On 1 1/1(/03, the date of the above sample, the probe that monitors flow through the system malfunctioned and shut
down thi 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. lst through December 4 resolving this
issue an( 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 mg/L
The systi.m 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 salt °s taken by the City of Yakima Wastewater Division, both results within and outside permitted levels.
Sincereli ,
I I . . i . ,... c ed/
• ames F McClelland
Presiden
Seneca Snack Company
2418 River Road • Yakima, WA 98902 -1131
(509) 457 -1089 • FAX (509) 457 -8959
www.senecafoods.com
r
- or V;q j`, CITY OF YAKIMA
t �, ', y WASTEWATER DIVISION ��,,
1 c 2220 East Viola
y �-4...„... D � 0g
j Yakima, Washington 98901
0 Phone 575 -6077 • Fax (509) 575 -6116
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 carried 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
industrial 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
tard
'111 J!
1994
0 0 •
CITY OF YAKIMA
COUNCIL MEETING
SIGN -IN SHEET
DATE I l -4 - 3 TIME - 7! 30 ci n
PLEASE PRINT
L ," NAME SUBJECT ORGANIZATION/ADDRESS/E-MAIL
iovl6 4` f N _ �' i - 7 Ail �� i p C_ ( V C 2 P -
O►c.Y•L U.Je1 LL << `` p s Ex &c Co d_
\� ^A , . 1n ` \ L 0 - ._
-DOA )k(2- 0 t)\--- _ \ L h,ok■.* C__0(A)Q\CS
0 \) ooteS \ f ( 1 Lo AT cuo Pt 19Yr Co .
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
• AGENDA STATEMENT
Item No 01 a--
For Meeting Of December 16, 2003
ITEM TITLE Request for Council Action due to the Mandated Delegated Industrial
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 �� 7
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 ( adopt pre -trtmt program)
(B) Mandatory Enforcement Response Plan was adopted.
(C) Ordinance passed. ORDINANCE NO. 2003 -75 (wastewater rates /chgs)
(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
usiness 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
S 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
0 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 IIII
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
II)
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 wnting and
issuing wastewater discharge permits to all significant industrial users (SIUs), for
sampling, monitoring, and inspecting all SIUs and minor industrial 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 Authorization to Discharge Requirements.
3 Pretreatment Ordinance Changes.
4 Permit Fees
Union Gap, Terrace Heights, and Ecology were also notified of the Study 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 Pactry 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 wntten 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 industries 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 dzscharger's
premises for inspection, monitoring, or sampling, the Wastewater Manager shall
not enter such premises without first obtaining a duly 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
1
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
• 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
110
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
reseonsibilit to the Cit of Yakima Cit to Imolement 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 wasting and
issuing wastewater discharge permits to all significant industnal users (SIUs), for
sampling, monitoring, and inspecting all SIUs and minor mdustnal 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 authonze 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
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
of the Pretreatment Program from Ecology to the City of Yakima.
1 Delegation gi' gY Y
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 Study Session.
The following individuals attended the Pretreatment Study Session held on Tuesday
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 period 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 authorization 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 duly 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
410
4