HomeMy WebLinkAbout2000-019 Updated sewer use ordinance ORDINANCE NO. 2000- 19
AN ORDINANCE relating to public services and utilities for the Wastewater
Division; providing authority to implement and enforce a fully
delegated wastewater pretreatment program, including the
eventual issuance and enforcement of wastewater discharge
permits; providing accurate references to administrative officials
and divisions of the City of Yakima;
Adding Sections 7.65.015, 7.65.180, 7.65.190, 7.65.195, 7.65.198 to the Yakima
Municipal Code;
Amending Sections 7.65.010, 7.65.020, 7.65.060, 7.65.070, 7.65.080, 7.65.090,
7.65.100, 7.65.120, 7.65.130, 7.65.140, 7.65.160, 7.65.170, 7.65.200, 7.65.210,
7.65.220, 7.65.230, 7.65.240, 7.65.260, 7.65.270, 7.65.280, 7.65.285, 7.65.290,
7.65.310, 7.65.320, 7.65.330, 7.65.340, 7.65.360, 7.65.370, 7.65.380, 7.65.420,
7.65.430 of the Yakima Municipal Code , and providing for related matters.
WHEREAS, the City of. Yakima ( "City ") must 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 WAG, 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 approval from the
Washington State Department of Ecology ( "Ecology ") for, a partial pretreatment
program, through which Ecology retains authority to issue wastewater discharge
permits to industrial dischargers and authority to enforce such permits; and
WHEREAS, the City is required by its NPDES Permit to request full delegation of
its pretreatment program from Ecology, through which delegation the City shall be
authorized to issue and enforce wastewater discharge permits; and
WHEREAS, to ensure full delegation, the City must demonstrate that it
possesses legal authority sufficient to apply and enforce a fully delegated wastewater
pretreatment program; and
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WHEREAS, Yakima Municipal Code Chapter 7.65 requires certain amendments
to constitute sufficient legal authority for a fully delegated wastewater treatment
program;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 7.65.010, is amended to read as follows:
7.65.010 Purpose and policy.
This chapter sets forth uniform requirements for dischargers into the City of
Yakima's (City) wastewater collection and Publicly Owned Treatment Works (POTW),
and enables the City to protect public health in conformity with all applicable local,
state and federal laws relating thereto, including the Clean Water Act (33 U.S.C. 1251
et seq.) and the General Pretreatment Regulations (40 CFR part 403). 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 service area by requiring use of the POTW;
2. To ensure proper and safe connections to the POTW;
3. To prevent the introduction into the POTW of pollutants that will
interfere with the normal operation of the POTW;
4. To prevent the introduction into the POTW of pollutants that would not
receive adequate treatment in the POTW and which would pass through
the POTW into receiving waters or the atmosphere or otherwise be
incompatible with the POTW;
5. To ensure that the quality of cludgo biosolids from the POTW is
maintained at a level which allows its use and disposal utilization and
beneficial reuse in compliance with applicable statutes and regulations;
6. To protect POTW personnel who may be affected by wastewater and
sludge biosolids in the course of their employment and to protect the
general public;
7. To improve the opportunity to recycle and reclaim wastewater and
sludge biosolids from the POTW; and
8. To enable the City to comply with its NPDES permit conditions, serge
biosolids utilization and beneficial reuse requirements and any other
federal or state laws to which the POTW is subject.
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This chapter provides for the regulation of discharges into the City's wastewater
system through the enforcement of administrative regulations. This chapter authorizes
monitoring, compliance, and enforcement activities; establishes administrative review
procedures; and requires discharger reporting. This chapter also authorizes the City
Wastewater Division to issue and enforce wastewater discharge permits once the
Washington State Department of Ecolo• full delegates to the Cit 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, in proportion to their use of the
POTW, which are the subject of separate enactments.
Section 2. Section 7.65.015 is added to the Municipal Code, such new
Section to read as follows:
7.65.015 Administration.
Except as otherwise provided, the Wastewater Manager shall administer,
implement and enforce the provisions of this chaster. An sowers •ranted to or duties
imposed upon the Wastewater Manager may be delegated by the Wastewater Manager
to other City personnel.
Section 3. Section 7.65.020, is amended to read as follows:
7.65.020 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used
in this chapter shall be as follows:
'Act' means the Federal Water Pollution Control Act, also known as the Clean
Water Act (33 U.S.C. 1251 et seq.), in its current form or as it may be amended.
'Applicable pretreatment standards' for any specified pollutant means the City's
specific limitations on discharge, the state standards, or the national categorical
pretreatment standards (when effective), whichever standard is most stringent in
a given situation.
'Authorized representative' means:
a. If the industrial discharger is a corporation, the
president, secretary, treasurer, or a vice - president of the
corporation in charge of a principal business function, or any
other person who performs similar policy or decision - making
functions for the corporation, or the manager of one or more
manufacturing, production, or operation facilities employing more
than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in second - quarter 1980 dollars), if
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authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures;
b. If the industrial discharger is a partnership or sole
proprietorship, a general partner or proprietor, respectively;
c. If the industrial discharger is a federal, state or local
governmental facility, a director or highest official appointed or
designated to oversee the operation and performance of the
activities of the government facility, or his /her designee;
d. The individuals described in paragraphs a through c
above may designate another authorized representative if the
authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the
facility from which the discharge originates or having overall
responsibility for environmental matters for the company, and the
written authorization is submitted to the City.
'Backwater valve' means a device located in the basement floor drain of a
building which prevents wastewater from backing up into the building from a
public sewer.
'Biochemical oxygen demand (BOD)' means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures in
five (5) days at twenty degrees Centigrade (20 degrees C), expressed in
milligrams per liter (mg /L).
'Building drain' means that part of the lowest horizontal piping of a drainage
system which receives the discharge from soil, waste, and other drainage pipes
inside the walls of the building and conveys it to the building sewer connection,
beginning five (5) feet outside the inner face of the building wall.
'Building sewer' means the pipe that connects the City's sewer line to the
building, beginning five (5) feet outside the inner face of the building.
'Bypass' means the intentional diversion of wastestreams from any portion of an
industrial discharger's treatment facility.
'Categorical pretreatment standards or categorical standards' means any
regulation containing pollutant discharge limits promulgated by the EPA in
accordance with sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply
to a specific category of industrial dischargers and which appear in 40 CFR
chapter I, subchapter N, parts 405 through 471.
'CFR' means the Code of Federal Regulations.
'City' means the City of Yakima or its authorized deputy, agent, or representative.
'Code Administration Manager' means the director and authorized
representatives of the 'department of community & economic development' of the
City of Yakima.
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'Color' means the optical density at the visual wave length of maximum
absorption, relative to distilled water. One hundred percent (100 %)
transmittance is equivalent to zero (0.0) optical density.
'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 the date upon which the City becomes fully
authorized, pursuant to 40 CFR Part 403 and WAC Chapter 173 -208, to
administer the wastewater discharge permit program set forth in Part 7 of this
chapter.
Discharger -- industrial discharger or user' means any nondomestic user who
discharges a liquid- carried effluent, or wastewater, into a POTW by means of
pipes, conduits, pumping stations, force mains, constructed drainage ditches,
surface water intercepting ditches, intercepting ditches, or any constructed
devices and appliances appurtenant thereto. The term 'industrial discharger'
specifically includes the owner or operator of a shopping center or shopping mall.
'Domestic discharger or user' means any single - family or multi - family residential
customer or commercial business customer discharging domestic wastewater
only.
'Domestic wastewater' means water from any domestic user or other discharger
carrying human waste, kitchen, bath and laundry waste, and housekeeping
materials in volume and /or concentration normally discharged from these classes
of customers, together with such groundwater infiltration or surface waters as
may be present.
'Ecology' means the Washington State Department of Ecology.
'Environmental Protection Agency or EPA' means the U.S. Environmental
Protection Agency or, where appropriate, the term may also be used as a
designation for the Regional Water Management Division Director or other duly
authorized official of said agency.
'Existing discharger' or 'existing user' means any non - categorical user which was
dischargingwastewater prior to the effective date of this chapter.
'Existing source' means any source of discharge of wastewater, the construction
or operation of which commenced prior to the publication of proposed categorical
pretreatment standards which will be applicable to such source if the standard is
thereafter promulgated in accordance with section 307 of the Act.
'Floatable oil' means fat, or grease in a physical state such that it will separate by
gravity from wastewater by treatment in an approved pretreatment facility. A
wastewater shall be considered free of floatable fat if it is properly pretreated and
the wastewater does not interfere with the collection system.
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"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 in which the skin of the fruit or vegetable is not broken and in
which the interior part of the fruit or vegetable does not come in direct
contact with the wastewater.
"Food processing wastewater" means wastewater that contains
wastes generated by food processing and that is discharged into the food
processing wastewater system. "Food processing wastewater" does not
include any domestic or industrial wastewater except as set forth above.
"Food processing wastewater sewer" means the system for the
collection and treatment of food processing wastewater. This definition
includes any devices or systems used in the collection, storage, treatment,
recycling, or reclamation of food processing wastewater and any
conveyances that convey food processing wastewater to the food
processing wastewater treatment plant.
'Garbage' means the animal and vegetable waste resulting from the handling,
preparation, cooking, and serving of foods.
'Grab sample' means a sample which is taken from a wastestream without
regard to the flow in the wastestream and over a period of time not to exceed
fifteen (15) 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 dischar• a into the POTW is normal! b means of 'lies
conduits, pumping stations, force mains, constructed drainage ditches, surface
water intercepting ditches, and all constructed devices and appliances
appurtenant thereto.
'Industrial discharger' means 'discharger -- industrial discharger or user,' as
defined above.
'Industrial sewer' means a drain or sewer which carries industrial wastewater
only, as distinct from 'process sewer', 'sanitary sewer' or 'storm sewer.'
'Industrial wastewater' means water or liquid- carried waste from any industrial,
manufacturing, trade, or business which includes some combination of process
wastewater, domestic wastewater, noncontact cooling water, contaminated
stormwater, or contaminated leachates, as distinct from 'domestic wastewater' or
'process wastewater' or 'noncontact cooling water'.
'Interference' means a discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the normal operation of the
City sewer system, or which causes a violation of any requirement of the
POTW's National Pollution Discharge Elimination System (NPDES) permit
including an increase in the magnitude or duration of a violation or any increase
in the cost of treatment of sewage or in the cost of sewage biosolids utilization or
beneficial reuse in compliance with the following statutory provisions and
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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) U.S.C. 6901 et seq.); any
state regulations contained in any state sludge biosolids management plan
prepared pursuant to Subtitle D of the SWDA; the Clean Air Act (42 U.S.C. 7401
et seq.); the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601 et seq.); and
the Marine Protection, Research and Sanctuaries Act (33 U.S.C. 1401 et seq.).
'Lower explosive limit' or 'LEL' means the lowest concentration of a gas -in -air
mixture at which the gas can ignite.
'May' is permissive.
'Medical waste' means isolation wastes, infectious agents, pathological wastes,
sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical
wastes, potentially contaminated laboratory and dialysis wastes.
'Mg /L' means milligrams per liter.
'Minor industrial discharger or user' means an industrial discharger which does
not mcct thc dcf+nition of 'sign -Meant industrial uccr', idcntificd by thc City as
having a rcasonablc potential to discharge a wastcstr am that, alone or
inconjunction with discharges fro othcr sources, could adversely affect the
s e '' = -- - - - - - - - - - -- .- - - - -. - - - - - that
meets one or more of the following criteria:
a. Discharges wastewater which meets, at least, one of the
following criteria:
(1) Daily average process wastewater flows exceed
5,000 gallons per day, but not more than 25,000 gallons per
day (excluding sanitary, non - contact cooling water and boiler
blowdown); or
(2) Maximum daily discharge volume which. exceeds 1%
of the average dry weather hydraulic or organic capacity of
the POTW; or
b. Is otherwise deemed by the City to be categorized as an
MIU.
'Natural outlet' means any outlet, including storm sewers and combined sewer
overflows, into a watercourse, pond, ditch, lake, or other body of surface or
groundwater.
'New discharger' or 'new user' means a user that is not regulated under federal
categorical pretreatment standards but that applies to the City for a new building
permit or ocupies an existing building and plans to commence discharge of
wastewater to the City's collection system after the effective date of this chapter.
Any person that buys an existing facility that is discharging non - domestic
wastewater will be considered an 'existing discharger' or 'existing user' if no
significant changes are made in the manufacturing operation.
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'New source' means any building, structure, facility, or installation from which
there is or may be a discharge of wastewater, the construction of which
commenced after the publication of proposed pretreatment standards under
section 307(c) of the Act, which will be applicable to such source if such
standards are thereafter promulgated in accordance with that section, provided
that:
a. The building, structure, facility or installation is
constructed at a site at which no other source is located; or
b. The building, structure, facility or installation totally
replaces the process that generates or causes the discharge of
wastewater at an 'existing source'; or
c. The production of wastewater generating processes of
the building, structure, facility or installation are substantially
independent of an 'existing source' at the same site. In
determining whether these are substantially independent, factors
such as the extent to which the new facility is integrated with the
existing plant, and the extent to which the new facility is engaged
in the same general type of activity as the 'existing source',
should be considered.
Construction on a site at which an 'existing source' is
located results in a modification rather than a 'new source' if the
construction does not create a new building, structure, facility or
installation meeting the criteria of paragraphs b or c above but
otherwise alters, replaces, or adds to existing process or production
equipment.
Construction of a 'new source' as defined under this
paragraph has commenced if the owner or operator has:
a. Begun, or caused to begin as part of a continuous
onsite construction program:
i. Any placement, assembly, or installation of facilities or
equipment; or
ii. Significant site preparation work including clearing,
excavation, or removal of existing buildings, structures, or
facilities which is necessary for the placement, assembly,
or installation of new source facilities or 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
Toss, and contracts for feasibility, engineering, and design studies
do not constitute a contractual obligation under this paragraph.
'Noncontact cooling water' means water used for cooling which does not come
into direct contact with any raw material, intermediate product, waste product, or
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finished product. Cooling water may be generated from any use, such as air
conditioning, heat exchangers, cooling or refrigeration to which the only pollutant
added is heat.
'NPDES' means the National Pollutant Discharge Elimination System permit
program as administered by the EPA or State of Washington Department of
Ecology (Ecology).
'0 & M' means operation and maintenance.
'Other wastes' means decayed wood, sawdust, shavings, bark, lime, refuse,
ashes, garbage, offal, oil, tar, chemicals, and all other substances except
sewage and industrial wastewater.
'Pass through' means a discharge or pollutant which enters and subsequently
exits the POTW into waters of the U.S. in quantities or concentrations which,
alone or in conjunction with a discharge or discharges from other sources, is a
cause of a violation 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, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental entity,
or any other legal entity, or their legal representatives; agents or assigns. This
definition includes all federal, state or local governmental entities.
'pH' means the logarithm of the reciprocal of the mass of hydrogen ions in grams
per liter of solution. Neutral water, for example, has a pH value of 7 and a
hydrogen -ion concentration of 10 -7 . pH is a measure of a substance's corrosivity
(acidity or alkalinity).
'Pollutant' means any substance discharged into a POTW or its collection system
which, if discharged directly, would alter the chemical, physical, thermal,
biological, or radiological integrity of the water of the state, or would or be likely
to create a nuisance or render such waters harmful, detrimental or injurious to
the public health, safety or welfare, or to any legitimate beneficial use, or to any
animal life, either terrestrial or aquatic. Pollutants include the following: dredged
spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge
biosolids, munitions, medical wastes, chemical wastes, industrial wastes,
biological materials, radioactive materials, heat, wrecked or discharged
equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the
characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color,
BOD, Chemical Oxygen Demand (COD), toxicity, and odor).
'POTW' means publicly owned treatment works (sometimes termed 'wastewater
facilities' or 'wastewater treatment system' or 'wastewater treatment works' or
'water pollution control facility'). POTW designates a 'treatment works' as
defined by section 212 of the Act (33 U.S.C. 1292), which is owned by the state
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or municipality. This definition includes any devices or systems used in the
collection, storage, treatment, recycling and reclamation of sewage or industrial
wastes and any conveyances which convey wastewater to a wastewater
treatment plant. The term also means the municipal entity having responsibility
for the operation and maintenance of the treatment works.
'Pretreatment' means the reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater to
a less harmful state prior to or in lieu of discharging or otherwise introducing
such pollutants into a POTW. This reduction or alteration can be obtained by
physical, chemical or biological processes, by process changes, or by other
means, except by diluting the concentration of the pollutants unless specifically
allowed by an applicable pretreatment standard.
'Pretreatment requirement' means any substantive or procedural requirement
related to pretreatment imposed on an industrial discharger, other than a
pretreatment standard.
'Pretreatment standard' means discharge standards, categorical pretreatment
standards, and local limits.
'Private wastewater disposal system' means any system of piping, treatment
devices, or other facilities, including a septic tank, that convey, store, treat, or
dispose of sewage on the property where it originates or on adjacent or nearby
property under the control of the user where the system is not connected to a
public sewer.
'Process sewer' means a drain or sewer which carries process wastewater only,
as distinct from 'industrial sewer', 'sanitary sewer' and 'storm sewer'.
'Process wastewater' means water or liquid- carried waste discharged from one
or more industrial, manufacturing, trade, or business practices or from the
development, recovery, or processing of natural resources. Process wastewater
does not include domestic waste or noncontact cooling water. Process
wastewater may refer to one process discharge or several commingled process
discharges.
'Prohibitive discharge standard' means any regulation developed under the
authority of section 307(b) and (c) of the Act (33 U.S.C. 1317(b)(c)), the General
Pretreatment Regulations (40 CFR part 403), the state or by the City which
prohibits the discharge of certain types or characteristics of wastewater. These
prohibitions can be 'general' or 'specific' and are contained in section 7.65.060 of
this chapter.
. - -- - -- - -: ' -- -- .. - - -- . =- - --
'Public sewer' means a sewer constructed for conveyance of liquid wastes which
is controlled by a public authority.
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'Qualified wastewater treatment operator' means an individual who performs
routine pretreatment duties, or supervision of such duties on -site at a
discharger's pretreatment facilities which affect effluent quality, and who (a)
holds, at least, a valid State of Washington Wastewater Treatment Operator 1
certification, or (b) who has successfully completed a course of study which, in
the opinion of the Wastewater Manager, contains all subject matter reasonably
related to the duties of a Wastewater Pre - Treatment Operator.
'Sanitary sewer' means a drain or sewer which carries sewage, as distinct from
'industrial sewer', 'process sewer' and 'storm sewer'. Sanitary sewers may carry
'industrial wastewater' or 'process wastewater' commingled with 'domestic
wastewater'.
'Septage' or. 'septic tank waste' means, but is not limited to, septic tank
pumpings, portable toilet pumpings, sump pumpings, camper and trailer
pumpings, food - service grease traps, and slime biosolids from private
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 - carried human wastes or a combination of water - carried
wastes from residences, business buildings, institutions and industrial
establishments, together with such ground, surface, storm, or other waters as
may be present. (The preferred term is 'wastewater'.)
'Sewage works' shall have the same meaning as POTW.
'Sewer' means any pipe, conduit, ditch, or other device used to collect and
transport sewage.
'Shall' is mandatory.
'Significant industrial discharger or user' means an industrial user of the POTW
who:
a. Is subject to categorical pretreatment standards ; or
b. Discharges an average of twenty -five thousand gallons
per day (25,000 gpd) or more of process wastewater to the
POTW (excluding sanitary, noncontact cooling, and boiler
blowdown wastewater); or
c. Contributes a process wastestream which makes up
five percent (5 %) or more of the average dry weather hydraulic or
organic capacity of the POTW treatment plant; or
d. Is designated as such by the City on the basis that it
has a reasonable potential for adversely affecting the POTW's
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operation or for violating any pretreatment standard or
requirement.
Upon a finding that an industrial user meeting the criteria of
subparagraph b,c, or d has no reasonable, potential for adversely
affecting the POTW's operation or for violating any pretreatment
standard or requirement, the City may at any time, on its own initiative
or in response to a petition received from an industrial user, and in
accordance with procedures in 40 CFR 403. 8 (f) (6), determine that
such user should not be considered a significant industrial user.
'Slugload' means any pollutant, including oxygen demanding pollutants (BOD,
etc.), released in a single extraordinary discharge episode of such volume or
strength as to cause a violation of this chapter, including, but not limited to, the
following: interference to the POTW, or flowrate exceeding the permitted peak
flow, or ten percent (10 %) of the capacity of the available trunk sewer, whichever
is greater.
'Standard Industrial Classification (SIC) Code' means a classification pursuant to
the "Standard Industrial Classification Manual" issued by the U.S. Office of
Management and Budget.
'State' means the State of Washington.
'Storm sewer' (sometimes termed 'storm drain') means a drain or sewer which
carries storm and surface waters and drainage, but from which 'domestic
wastewater', 'industrial wastewater' and 'process wastewater' are intended to be
excluded.
'Storm water' means any flow occuring during or following any form of natural
precipitation, and resulting therefrom, including snowmelt.
e 'Manager' means the Superintcndcnt Manager of wastewater
facilities of the City, or their authorized deputy, agent, or representative.
'Suspended solids' means total suspended matter that either floats on the
surface of, or is in suspension in water, sewage, or other liquids, and which is
removable by laboratory filtering.
'Toxic pollutants' means those substances listed in the federal priority pollutant
list and any other pollutant or combination of pollutants listed as toxic in
regulations promulgated by the Administrator of the EPA under section 307 (33
U.S.C. 1317) of the Clean Water Act.
'Treatment plant effluent' means any discharge of water from the POTW into
waters of the state.
'Unpolluted water' is water of quality equal to or better than the effluent
limitations in effect or water that would not cause violation of the receiving water
quality standards and would not be benefited by discharge to the public sewer
and POTW.
'Upset' means an exceptional incident in which a discharger unintentionally and,
temporarily is in a state of noncompliance with the standards set forth in sections
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7.65.060 and 7.65.070 hereof, or with the terms of pretreatment standards
contained in an applicable wastewater discharge permit, 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, or domestic waste or
any modification thereto, or any other water - carried waste, including that which
may be combined with any groundwater, surface water, or stormwater, that is or
may be discharged to the POTW or a private wastewater disposal system. For
purposes of this chapter, "wastewater" shall also include "food processing
wastewater," as defined in Chapter 7.12.
'Wastewater discharge permit' means an authorization or equivalent control
document issued by the Wastewater Division pursuant to Part 7 of this chapter
allowing the discharger, under certain limitations, to discharge wastewater to the
POTW. The permit may contain appropriate pretreatment standards and
requirements as set forth in this chapter.
'Wastewater Division' means such Division of the City. of Yakima and includes its
Superintcndcnt Manager and authorized representatives, and includes the term
'Wastewater S^ dent Manager' as used in this chapter.
'Wastewater Superintcndcnt Manager' means the supervisor of the Wastewater
Division and includes authorized representatives of the Wastewater
Superintcndcnt Manager and Wastewater Division.
'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.
Section 4. Section 7.65.060, is amended to read as follows:
7.65.060 Pretreatment standards and requirements.
A. No person shall discharge or cause to be discharged any unpolluted
waters such as stormwater, surface water, groundwater, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate, deionized water,
or noncontact cooling water, and unpolluted industrial wastewater to any sewer or
natural outlet, unless approved by - - - - - - - . - . • • • _
Wastewater Superintcndcnt Manager and other regulatory agencies whose approval
is required by law.
•
C:IPTSS1amended ordinance2changes.doc05 /09/00 Page 13 of 55
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
prior written approval 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 injurious in any other way to the operation of the
POTW, including, but not limited to, wastestreams with a closed cup
flashpoint of less than one hundred forty (140) degrees Fahrenheit or
sixty (60) degrees Centigrade using the test methods specified in 40
CFR 261.21. At no time shall two successive readings on a
combustible gas meter, at the point of discharge into the system (or at
any point in the system), be over five percent (5 %), nor any single
reading over ten percent (10 %) of the lower explosive limit (LEL) of the
meter. Prohibited materials include, but are not limited to, gasoline, fuel
oil, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols,
ketones, aldehydes, peroxides, chlorates, perchlorates, bromates,
carbides, hydrides, sulfides, and any other substances which are a fire
hazard or hazard to the POTW.
2. Solid or viscous substances in quantities or of such size that they will or
may cause reduction of the effective cross - sectional area of a sewer,
obstruction to the flow in a sewer, or other interference with the
operation of the POTW, includin = - . : -- . - . - - - -
rocks, gravel, ccmcnt, tile, ceramics, roots, cindcrs, sand, dirt, mud,
. -- ., -- _- - -, - -- - -, -, = --,
-- - , _ - , - - , - - -- • . - - - , -- .•
-- , __; - , -- - -- __ __ , . - . •
_ - e e • .. In no case may solids greater than one -
fourth (1/4) inch in any dimension be discharged to the POTW.
3. Any wastewater having a pH less than 5.5 or higher than 9.0, or having
any other corrosive property capable of causing damage or hazard to
structures, equipment, or personnel of the system.
4. Any wastewater having a BOD of more than three hundred (300) mg /L.
5. Any wastewater having a suspended solids content of more than three
hundred (300) mg /L.
6. Any wastewater having a chlorine demand of more than twenty (20)
mg /L.
C:IPTSS\amended ordinance2changes.doc05 /09/00 Page 14 of 55
7. Any wastewater having an animal /vegetable (polar) based floatable oil,
fat waste, oil, or grease (whether or not emulsified), hexane or ether -
soluble matter content in excess of one hundred (100) mg /L; or a
mineral /petroleum (non - polar) based oil or grease (whether or not
emulsified), hexane or ether - soluble matter content in excess of one
hundred (100) mg /L; or any petroleum oil, nonbiodegradable cutting oil,
or products of mineral oil origin in amounts that will cause interference
or pass through; or any substance which may solidify or become
discernibly viscous at temperatures above zero degrees Centigrade (0
degree C)(32 degrees F).
8. Any wastewater containing pollutants in sufficient quantity or
concentration, either singly or by interaction, to injure or interfere with
any wastewater treatment process, constitute a hazard to humans or
animals, or to exceed the limitation set forth in categorical pretreatment
standards, or state or local standards.
9. Any pollutants which result in the presence of toxic, noxious or
malodorous liquids, gases, vapors, fumes, or solids within the POTW in
a quantity that which either singly or by interaction are capable of
creating a public nuisance or hazard to life or causing acute worker
health and safety problems, or are sufficient to prevent entry into the
sewers for their maintenance and repair.
10. Any substance which may cause the POTW's effluent or treatment
residues, s+udge 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 sludgc biosolids use or disposal criteria, guidelines
or regulations developed under section 405 of the Act; or with any
criteria, guidelines, or regulations affecting sludge biosolids use or
disposal developed pursuant to the Solid Waste Disposal Act, 42 U.S.C.
6901 et seq., as now or as it may be amended, the Clean Air Act, 42
U.S.C. 7401 et seq., as now or as it may be amended, the Toxic
Substances Control Act (TSCA), 15 U.S.C. 2601 et seq., as now or as it
may be amended, or similar state statutes or regulations applicable to
the sludge biosolids management method being used.
11. Any substance which will cause the POTW to violate its NPDES and /or
other disposal system permits.
12. Any wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions, which consequently imparts color to the
treatment plant's effluent thereby violating the City's NPDES permit.
Color, alone or in combination with turbidity, shall not cause the
treatment plant effluent to reduce the depth of the compensation point
for photosynthetic activity by more than ten percent (10 %) from the •
seasonably established norm for aquatic life.
C: \PTSS \amended ordinance2changes.doc05 /09/00 Page 15 of 55
-- - - -- - - -- - e. --
13. Any slugload, which shall mean any pollutant, including oxygen
demanding pollutants (BOD, etc.), released in a single extraordinary
discharge episode of such volume or strength as to cause a violation of
this chapter, including, but not limited to, the following: interference to
the POTW, or flowrate exceeding the permitted peak flow, or ten
percent (10 %) of the capacity of the available trunk sewer, whichever is
greater.
14. Any sludges, screenings, or other residues from the pretreatment of
industrial wastewater discharges.
15. Any wastewater containing any radioactive wastes or isotopes of such
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.
• - - = - - - - - - - - - - - - - - . - - 4
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. •
.. -.- :. - - - - -- - e - -- - - =
•. -- • -- - ' -.• -
C: \PTSS \amended ordinance2changes.doc05 /09/00 Page 16 of 55
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 . . Q.0
a -BHC -Alpha 0.0
b -BHC -Beta 0.0
c- BHC- (Iindane) -Gamma 0.0
g -BHC -Delta 0.0
Lindane 0.400
Methoxychlor 10.000
Pyridine 5.000
Silvex 1.000
Toxaphene 0.500
C. No discharger shall discharge or cause to be discharged to the POTW,
directly or indirectly, any of the followinQdescribed substances unless discharged
pursuant to a valid wastewater discharge permit:
1. Any wastewater with a temperature which will inhibit biological activity in
the POTW treatment plant resulting in interference; but in no case,
wastewater with a temperature at the introduction into the POTW which
exceeds forty degrees Centigrade (40 degrees C) (104 degrees F).
2. Any trucked or hauled pollutants, except pursuant to section 7.65.420.
3. Any dangerous wastes as defined in chapter 173 -303 of the
Washington Administrative Code (WAC), as now or as it may be
amended.
4. Flows which have the potential to adversely affect the hydraulic loading
of the POTW, including the following categories:
a. Non- contact cooling water;
b. Storm water and other direct inflow sources; and
C:IPTSS\amended ordinance2changes.doc05 /09/00 Page 17 of 55
c. Non - polluted water or water which would not receive significant
treatment.
D. Wastes prohibited by this section shall not be processed or stored in
such a manner that they could be discharged to the POTW. All floor drains located in
process or materials storage areas must discharge to the industrial discharger's
pretreatment facility prior to discharging to the POTW.
E. The general and specific prohibitions provided by this section apply to
all dischargers to the POTW whether or not the discharger is subject to categorical
pretreatment standards or requirements.
Section 5. Section 7.65.070, is amended to read as follows:
7.65.070 Limitations on wastewater strength.
A. National categorical pretreatment standards as adopted and hereafter
amended or modified by the U.S. Environmental Protection Agency (EPA) pursuant to
the Act shall be met by all dischargers of the regulated industrial categories. The
national categorical standards found at 40 CFR chapter I, subchapter N, parts 405
through 471 are hereby incorporated.
B. State requirements and limitations on discharges to the POTW shall be
met by all dischargers which are subject to such standards in any instance in which
they are more stringent than federal requirements and limitations, or those in this
chapter or any other applicable ordinance.
C. The City may, from time to time, amend this chapter to provide for more
stringent limitations or requirements on discharges to the POTW if such amendments
are deemed necessary to comply with the objectives set forth in section 7.65.005 010
of this chapter, or are otherwise in the public interest,
D. No discharger shall dilute its wastestream with potable or process water
in any way, nor mix separate waste streams for the purpose of diluting a discharge as
a partial or complete substitute for adequate treatment to achieve compliance with the
standards set forth in this chapter.
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E. No discharger shall discharge industrial wastewater containing
concentrations (and /or mass limitations) that exceed any of the following local
discharge limits unless prior written approval has been obtained from the moment • - - ' - - - - - - • • •- Wastewater Division:
Daily Maximum
Material Concentration (mg/L) 1
Arsenic (As) 5 2
Barium (Ba) 100.0 2
Benzene 0 2
Beryllium (Be) 1 3
Cadmium (Cd 1 2
Carbon. Tetrachloride 0.5 2
Chlorobenzene 100.0 2
Chloroform 6 2
Chromium (Cr) 5 2
Copper (Cu) 2 3
o- Cresol 200.0 2
m- Cresol 200.0 2
p- Cresol 200.0 2
Cyanide (total) (CN) 1.5 3
1,4- Dichlorobenzene 7.5 2
1,2- Dichloroethane 0.5 2
1,1- Dichloroethylene (DCE) 0,0
2,4- Dinitrotolulene 0.13 2
Ethylbenzene 1.4 3
Hexachlorobenzene 0.13 2
Hexachloro -1,3- butadiene 0.5 2
Lead (Pb) 5 2
Mercury (Hg) 0 2
Methylene Chloride 1.7 3
Methyl Ethyl Ketone 200.0 2
Nickel (Ni) 2.0 3
Nitrobenzene 2.0 2
Pentachlorophenol 2 2
Selenium (Se) 1 2
Silver (Ag) 5 2
Tetrachloroethylene (PCE) 0.0
Toluene 1 2
Trichloroethylene (TCE) 0.0
2,4,5 - Trichlorophenol 300.0 2
2,4,6 - Trichlorophenol 0 2,0 2
Vinyl Chloride 0
Xylene 1.4
Zinc (Zn) 5 3
C: \PTSS \amended ordinance2changes.doc05 /09%00 Page 19 of 55
1 These values constitute interim local discharge limits only, and will be replaced when
the City completes its establishment of final local discharge limits.
2 These values are based on EPA's Toxicity Characteristic Leaching Procedure.
3 These values are based on Seattle Metro's actual local limits.
4 0.0 shall mean Tess than the mean detection limit (MDL) of the techniques prescribed in
40 CFR part 136. If 40 CFR part 136 does not contain sampling or analytical
techniques for the pollutant in question, sampling and analyses must be performed in
accordance with procedures approved by the EPA.
The above limits apply at the point where the wastewater is discharged to the
POTW. All concentrations for metallic substances are for "total" metal unless
indicated otherwise.
In the event any of these values are exceeded by one or more dischargers,
the : - - -- - - - - - - - - - ' - - - - • • ' - Wastewater Division will require the
individual discharger(s) exceeding the local discharge limits to pretreat their
wastewater to an extent necessary to prevent interference with the operation of the
POTW, pass through and adverse effects on the quality of the receiving waters,
contamination of municipal sludge 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 concentration limits are impractical to apply. Where a
discharger is subject to a categorical pretreatment standard and a local limit for a
given pollutant, the more stringent limit or applicable pretreatment standard shall
apply.
The City reserves the right to establish, by ordinance or in wastewater
discharge permits, more stringent standards or requirements on discharges to the
POTW.
F. All known, available, and reasonable methods of pretreatment, in
accordance with RCW 90.48.010 and WAC 173- 216- 020(1), shall be used by a
discharger to bring into compliance a wastewater discharge that does not comply with
standards set forth in this chapter.
G. The City reserves the right to enter into special agreements with
industrial dischargers setting out special terms under which they may discharge
wastewater to the POTW. In no case will a special agreement waive compliance with
a pretreatment standard or requirement. However, the industrial discharger may
request a net gross adjustment to a categorical standard in accordance with 40 CFR
403.15. They may also request a variance in accordance with 40 CFR 403.13 from
the categorical pretreatment standard from EPA. Such a request will be approved
only if the industrial discharger can prove that factors relating to its discharge are
fundamentally different from the factors considered by EPA when establishing that
pretreatment standard. An industrial discharger requesting a fundamentally different
factor variance must comply with the procedural and substantive provision in 40 CFR
403.13.
C: \PTSS \amended ordinance2changes.doc05 /09/00 Page 20 of 55
Section 6. Section 7.65.080, is amended to read as follows:
7.65.080 Slugload or accidental discharges.
A. - Each discharger shall provide protection from a slugload or accidental
discharge of prohibited or regulated materials or substances established by this
chapter. Where the City deems it necessary, a discharger shall provide and maintain,
at the discharger's own cost and expense, facilities and operating procedures to
prevent a slugload or accidental discharge of prohibited materials. When requested
to do so, the discharger shall submit to the Wastewater Manager dircctor of
- - = - - - • - = - - : - • • ' - for review either a "slugload control plan" (SC Plan) or "a spill
prevention, control and countermeasure plan" (SPCC Plan) or both showing facilities -
and operating procedures to provide this protection. The Wastewater Manager shall
develop procedures to evaluate, at least once every two years, whether each
significant industrial user needs a SC Plan or SPCC Plan. No SC Plan or SPCC Plan
shall be effective to satisfy the requirements of this chapter and section unless it has
been reviewed and certified by a professional engineer registered in the State of
Washington. The SC Plan /SPCC Plan shall contain at a minimum the following
elements:
1. Description of discharge practices, including non- routine and routine
batch discharges;
2. Description of stored stored chemicals hazardous substances;
3. Procedures for immediately notifying the City of any accidental or
slugload discharges, with procedures for follow -up written notification
within five (5) days; and
4. Procedures to prevent adverse impact from any accidental or slug
discharge, including, but not limited to, inspection and maintenance of
storage areas, handling and transfer of materials, loading and unloading
operations, control of plant site run -off, worker training, building of
containment structures or equipment, measures for containing toxic
organic pollutants (including solvents), and /or measures and equipment
for emergency response.
Where applicable, the SPCC Plan shall also conform to guidelines found in 40 CFR,
part 112 and to Ecology's "Guidelines to Prevent, Control, and Contain Spills from the
Bulk Storage of Petroleum Products" (WDOE 83 -8), as now or as they may be
amended. Each discharger shall complete its SC Plan or SPCC Plan and submit
same to the Wastewater Manager director of cnginccring and utilities within 120 days
of being notified by the Manager Director to do so. The Wastewater Manager director
- - . - - - - = - ' ' •- will approve the SC Plan or SPCC Plan before
construction of any prevention facility. No discharger who discharges to the POTW
after the aforesaid date shall be permitted to introduce pollutants into the system until
such SC Plan or SPCC Plan has been approved by the Wastewater Manager director
- - = ' - - - ' • '- . Review and approval of such plan by the Wastewater
C:IPTSS\amended ordinance2changes.doc05 /09/00 Page 21 of 55
Manager z• - _ - - _ ' - - - • - - .. • ' - shall not relieve the discharger from the
responsibility to modify its facility as necessary to meet the requirements of this
chapter.
B. A discharger who has prepared a SC Plan or SPCC Plan shall review
and evaluate such plan at least every three -(3) two (2) years from the date of
approval. As a result of this review and evaluation, the discharger shall amend the
SC Plan or SPCC Plan within six (6) months of the review to include more effective
prevention and control technology if: (1) such technology will significantly reduce the
likelihood of a spill event from the facility, and (2) if such technology has been field -
proven at the time of the review. No amendment shall be effective to satisfy the
requirements of this chapter and section unless it has been reviewed and certified by
a professional engineer registered in the State of Washington.
C. Dischargers shall verbally notify the Wastewater Manager difector of
- - = - - • - = - - ' - immediately upon the occurrence of a slugload or accidental
discharge of substances prohibited by this chapter and take immediate action to
correct the situation. Within five (5) days after the occurrence of the slugload or
accidental discharge, the discharger shall follow -up with a 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 materials shall be liable for any expense, loss, or damage to
the POTW, in addition to any other liabilities established by this chapter or other City
ordinance and the amount of any fines, penalties, damages or costs assessed
against the City by any state or federal agency, court of law or private individual, as a
result of the slugload or accidental discharge
D. Signs shall be permanently posted in conspicuous places on
discharger's premises, advising employees whom to call in the event of a slug or
accidental discharge. Employers shall instruct all employees who may cause or
discover such a discharge with respect to emergency notification procedures.
Section 7. Section 7.65.090, is amended to read as follows:
7.65.090 Pretreatment facilities.
A. Dischargers shall provide all known, available, and reasonable methods
of prevention, control, and pretreatment as required to comply with this chapter and
state and federal regulations, and shall achieve compliance with all applicable
pretreatment standards within the time limitations as specified by appropriate
statutes, regulations, chapters, and ordinances. Where the City deems it necessary,
a discharger shall provide, properly operate and maintain, at the discharger's own
cost and expense, facilities required to pretreat wastewater to a level acceptable to
the City. When requested to do so, the discharger shall submit detailed plans
C:IPTSSIamended ordinance2changes.doc05 /09/00 Page 22 of 55
•
showing the pretreatment facilities to both the Wastewater Manager dircctor of • - - = - and the Code Administration Manager for review and
acceptance before construction of the facility. The review of such plans by either the
Wastewater Manager :' - : - - :'- - - : - - :. ' ' '- or the Code Administration
Manager shall in no way relieve the discharger from the responsibility of modifying its
facility as necessary to produce an effluent acceptable to the Wastewater Manager
- • - - - " - - - = - - under the provisions of this chapter. The
discharger shall obtain all necessary construction - operating permits from both the
Wastewater Manager - : _ - . - - - .. .. • " - and the Code Administration
Manager. Prior to completion of the pretreatment facility, the discharger shall furnish
its plan of operations and maintenance procedures for the Wastewater Manager •- = = - " - - - - ' ' to review. Such pretreatment facilities shall be
under the control and direction of a qualified wastewater treatment operator.
B. Any subsequent proposal for significant changes in the pretreatment
facilities or method of operation shall be reported to and be accepted by the
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 periodically 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 trial food processing sewer shall be
adequately screened by a twenty (20) mesh or finer screen before discharge. An
additional screen, with openings not to exceed one -fourth inch square, shall be
installed in a fixed position so that all material must pass through said screen
immediately before entrance into the sewer.
E. Grease, oil and sand interceptors shall be provided when, in the opinion
of the 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 in section 7.65.060, subsection B, part 7
of this chapter, or any flammable wastes, sand, or other harmful ingredients, except
that such interceptors shall not be required for private living quarters or dwelling units.
Such interceptors shall be provided within six (6) months of receipt of a written
request from the Wastewater Manager - - _ - - - - - ' • • ' to do so.
Dischargers who operate restaurants, cafes, lunch counters, cafeterias, bars, or
clubs; or hotel, hospital, sanitarium, factory or school kitchens; or other
establishments that serve or prepare food where grease may be introduced to the
sewer system shall have grease interceptors (grease traps) to prevent the discharge
of fat waste, oil, or grease. Take -out food establishments or other establishments
C: \PTSS \amended ordinance2changes.doc05 /09/00 Page 23 of 55
that prepare food, but do not cook in oil or grease, and who serve food only in
disposable containers, may be exempted from this requirement, provided their
discharges do not violate section 7.65.060 (the General Discharge Prohibitions) of
this chapter. The grease interceptors shall be installed in the waste line leading from
sinks, drains, or other fixtures where grease may be discharged. All new interceptors
requested by the Wastewater Manager :' - : _ - . - - - .. - .. ' ' - shall be of
a type and capacity, conforming to and described in the edition of the Uniform
Building Code most recently adopted by the City, and approved by the Code
Administration Manager, and shall be located as to be readily accessible for cleaning
and inspection. Dischargers must maintain these interceptors in a manner that will
always prevent fat waste, oil, grease, flammable wastes, sand, or other harmful
ingredients from being carried into the sewer system. The owner shall be responsible
for the proper removal and disposal by appropriate means of the captured material,
and shall maintain records of the dates and means of disposal which are subject to
review by the 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 materials removed from such interceptors shall not be disposed of in
sanitary, industrial or storm sewers. Failure to provide or maintain such grease, oil
and sand traps in accordance with the provisions of this section shall automatically
result in an administrative fine of $250.00 under section 7.65.240 of this chapter.
Additional penalties for repeated violations may be imposed by the City as provided
for in parts 8 and 9 of this chapter.
Section 8. Section 7.65.100, is amended to read as follows:
7.65.100 Unlawful conduct.
It shall be unlawful for any person to maliciously, willfully or negligently break,
damage, destroy, uncover, deface, tamper with or insert any substance described in
subsection C of section 7.65.060 of the this chapter into any structure, appurtenance
or equipment which is a part of the POTW, including but not limited to, manholes and
the flush ends of sewer lines. Any person found in violation of this requirement shall
be subject to the sanctions set forth in parts 8 and 9 of this chapter.
C:IPTSSIamended ordinance2changes.doc05 /09/00 Page 24 of 55
Section 9. Section 7.65.120, is amended to read as follows:
Part 6 Administration, Reporting and Monitoring
7.65.120 Industrial dischargers.
A. It shall be unlawful for any industrial discharger to discharge sewage,
industrial wastewater, or any other wastes into the City's POTW except as authorized
by the City and by chapter 173 -216 WAC, as now, or as it may be amended.
B. The City shall have the right to deny or condition new or increased
contributions of pollutants, or changes in the nature of pollutants, to the POTW by
industrial dischargers where such contributions do not meet applicable pretreatment
standards and requirements or where such contributions would cause the POTW to
violate its NPDES permit. New sources and new dischargers shall not be allowed to
discharge without first complying with the applicable pretreatment standards and
requirements. New sources and new dischargers subject to the permitting
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 (3) years of the date the categorical pretreatment standard is
effective unless a shorter compliance time is specified in the appropriate subpart of
40 CFR chapter I, subchapter N. e - - - .. - _
wee-- Direct dischargers with NPDES permits modified or reissued to provide a
variance pursuant to section 301(i)(2) of the Act shall be required to meet compliance
dates set in any applicable categorical pretreatment standard. Existing sources
which become industrial dischargers subsequent to promulgation of an applicable
categorical pretreatment standard shall be considered existing industrial dischargers
except where such sources meet the definition of a 'new source' within the meaning
of this chapter--(see-Section 7.65.020(32)). New sources and new significant
industrial dischargers shall install and have in operating condition, and shall start-up
all pollution control equipment required to meet applicable pretreatment standard
before beginning to discharge. Within the shortest feasible time (not to exceed ninety
(90) days after the beginning of the discharge), new sources and new significant
industrial dischargers must meet all applicable pretreatment standards.
D. The Wastewater Manager shall establish a final compliance deadline
date for any existing user not covered by an aplicable categorical pretreatment
standard or for any categorical user when the local limits for said user are more
restrictive than the applicable federal categorical pretreatment standard. Any existing
industrial discharger that must comply with a more stringent local limit which is in non -
com.liance with an local limits shall be •rovided with a compliance schedule .laced
C:IPTSS\amended ordinance2changes.doc05 /09/00 Page 25 of 55
in an wastewater dischar.e •ermit to insure com•liance within the shortest time
feasible.
Section 10. Section 7.65.130, is amended to read as follows:
7.65.130 Industrial discharger identification and data disclosure.
A. The Wastewater Manager shall develop and implement procedures to
identify all possible industrial 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 users of applicable pretreatment
standards and requirements.
B. When requested by the City to do so, industrial dischargers shall
complete and file with the Wastewater Division - - - - - -- - - - - - - - - _ • -
an industrial waste survey (IWS) signed by an authorized representative of the
industrial discharger and in the form prescribed by the Wastewater Division
- = - _ '" - - - - ' - - - - - • • ' . This industrial waste survey shall be filed
within thirty (30) days of being received by the industrial discharger, unless the
industrial discharger requests in writing a thirty (30) day extension from the
Wastewater Manager - : . - -:•- - - : _ .. ' ' - and the Manager dircctor
approves the request in writing. Failure to complete this survey shall be reasonable
grounds for terminating service to the industrial discharger and shall be considered a
violation of this chapter.
Section 11. Section 7.65.140, is amended to read as follows:
7.65.140 Reporting requirements for industrial dischargers.
A. Within either one hundred eighty (180) days after the effective date of a
categorical pretreatment standard, or the final administrative decision on a category
determination under 40 CFR 403.6(a)(4), whichever is later, existing significant
industrial dischargers subject to such categorical pretreatment standards, and
currently discharging to or scheduled to discharge to the POTW, shall be required to
submit to the Wastewater Manager - - - - - - - .. • • •- a report which
contains the information listed below. At least one hundred twenty (120) nincty (90)
days prior to commencement of their discharge, new sources, and sources that
become significant industrial dischargers subsequent to the promulgation of an
applicable categorical standard, shall be required to submit to the Wastewater
Manager -' - _ . - - - .. .. ' ' '- a report which contains the information
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listed below. A new source shall also be required to report the method of
pretreatment it intends to use to meet applicable pretreatment standards. A new
source shall also give estimates of its anticipated flow and quantity of pollutants
discharged.
The industrial discharger shall submit the information required by this section
including:
1. The name and address of the facility including the name of the operator
and owners.
2. A list of any environmental control wastewater discharge permits held by
or for the facility.
3. A brief description of the nature, average rate of production, and standard
industrial classifications of the operation(s) carried out by such industrial
discharger. This description should include a schematic process diagram
which indicates points of discharge to the POTW from the regulated
processes.
4. Information showing the measured average daily and maximum daily flow,
in gallons per day, to the POTW from regulated process streams and
other streams, as necessary, to allow use of the combined wastestream
formula set out in 40 CFR 403.6(e).
5. A measurement of pollutants.
a. Identification of the categorical pretreatment standards applicable
to each regulated process.
b. Submission of the results of sampling and analysis identifying the
nature and concentration (and /or mass, where required by the
standard or by the City) of regulated pollutants in the discharge
from each regulated process. The industrial discharger shall take a
minimum of one representative sample to compile the data
necessary to comply with the requirements of this paragraph.
Instantaneous, daily maximum and long term average
concentrations (or mass, where required) shall be reported. The
sample shall be representative of daily operations and shall be
analyzed in accordance with procedures set out in section
7.65.140, subsection H.
c. Sampling must be performed in accordance with procedures set
out in section 7.65.140, subsection I.
d. The City may allow the submission of a baseline report which
utilizes only historical data so long as the data provides information
sufficient to determine the need for industrial pretreatment
measures.
6. A statement reviewed by the industrial discharger's authorized
representative and certified by a Professional Engineer registered in the
State of Washington , indicating whether
pretreatment standards are being met on a consistent basis and, if not,
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whether additional operation and maintenance (O &M) and /or additional
pretreatment is required to meet the pretreatment standards and
requirements.
7. If additional pretreatment and /or O &M will be required to meet the
pretreatment standards, the shortest schedule by which the industrial
discharger will provide such additional pretreatment and /or O &M. The
completion date in this schedule shall not be later than the compliance
date established for the applicable pretreatment standard. Where the
industrial discharger's categorical pretreatment standard has been
modified by a removal allowance (under 40 CFR 403.7), the combined
wastestream formula (under 40 CFR 403.6(e)), and /or a fundamentally
different factors variance (under 40 CFR 403.13) at the time the industrial
discharger submits the report required under section 7.65.140, subsection
A of this chapter, the information required by paragraphs 6 and 7 of this
subsection shall pertain to the modified limits. If the categorical
pretreatment standard is modified by a removal allowance, the combined
wastestream formula, and /or a fundamentally different factors variance
after the industrial discharger submits the report required under section
7.65.140, subsection A of this chapter, any necessary amendments to the
information requested by paragraphs 6 and 7 of this subsection shall be
submitted by the industrial discharger to the Wastewater Manager dircctor
z•- - - - - - - " ' - within sixty (60) days after the modified limit is •
approved.
The following conditions shall apply to the schedule required by this part:
a. The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events
leading to the installation and operation of additional pretreatment
facilities required for the discharger to meet the applicable
pretreatment standards (such events include hiring an engineer,
completing preliminary and final plans, executing contracts for
major components, commencing and completing installation,
beginning and conducting routine operation). No progress
increment referred to above shall exceed nine (9) months.
b. The industrial discharger shall submit a progress report to the
Wastewater Manager .' - • - - - . - • • '- no later
than fourteen (14) days following each date in the schedule and the
final date of compliance including, as a minimum, whether or not
the discharger complied with the increment of progress, the reason
for any delay, (and, if appropriate) the steps being taken by the
industrial discharger to return to the established schedule. In no
event shall more than nine (9) months elapse between such
progress reports to the Wastewater Manager lector of
8. All baseline monitoring reports must be signed and certified in accordance
with section 7.65.140, subsection K.
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B. Within ninety (90) days following the date for final compliance with
applicable categorical pretreatment standards (deadline date for categorical
dischargers published in the appropriate categorical pretreatment standards,
compliance date for non - categorical dischargers established by the City), or in the
case of a new source (new discharger) within thirty (30) days of commencement of
the introduction of wastewater into the POTW, any industrial discharger subject to
such pretreatment standards and requirements shall submit to the Wastewater
Manager : • - : _ - -z•- - - . - . - ' ' - a report containing the information
described in section 7.65.140, subsection A, parts 4 through 6. For industrial
dischargers which may be subject to equivalent mass or concentration limits
established in accordance with the procedures in 40 CFR 403.6(c), this report shall
contain a reasonable measure of the industrial discharger's long term wastewater
discharge rate. For all other industrial dischargers subject to categorical pretreatment
standards expressed in terms of allowable pollutant discharge per unit of production
(or other measure of operation), this report shall include the industrial discharger's
actual wastewater discharge rate during the appropriate corresponding sampling
period. All compliance reports must be signed and certified in accordance with
section 7.65.140, subsection K.
C. Any significant industrial discharger subject to a pretreatment standard
shall, at a frequency determined by the Wastewater Manager eering
a nd , tiliti but in no case Tess than twice per year (in June and December), submit a
report indicating the nature and concentration of pollutants in the discharge which are
limited by such pretreatment standards and the measured or estimated average and
maximum daily flows for the reporting period. All periodic compliance reports must be
signed and certified in accordance with section 7.65.140, subsection K.
1. The report shall include a record of the concentrations (and mass if
specified by the City) of the limited pollutants that were measured and a
record of all flow measurements (average and maximum) taken at the
designated sampling locations, and shall also include any additional
information required by this chapter or regulations promulgated
thereunder. Production data shall be reported if required by the City.
Both daily maximum and average concentration (or mass, where required)
shall be reported. If a discharger sampled more frequently than required
by the City, it must submit all results of sampling and analysis of the
discharge during the reporting period.
2. Any industrial discharger subject to equivalent mass or concentration
limits established by the City in accordance with procedures provided in
40 CFR 403.6(c) shall submit as part of its report a reasonable measure
of the discharger's long term production rate.,
3. If the City calculated limits to factor out dilution flows or non - regulated
flows, the industrial discharger shall be responsible for providing flows
from the regulated process flows, dilution flows and non - regulated flows.
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4. The report shall indicate the time, date and place of sampling, and
methods of analysis, and shall certify that such sampling and analysis is
representative of the normal work cycles and expected pollutant
discharges to the POTW.
5. Flows shall be reported on the basis of actual measurement; provided,
however, that the City may accept reports of average and maximum flows
estimated by verifiable techniques if the City determines that an actual
measurement is not feasible.
6. Sampling shall be representative of the industrial discharger's actual
discharge and collected in accordance with section 7.65.140, subsection I.
Wastewater monitoring and flow management facilities shall be properly
operated, kept clean, and maintained in good working order at all times.
The failure of an industrial discharger to keep its monitoring facility in good
working order shall not be grounds for the industrial discharger to claim
that sample results are unrepresentative of its discharge.
7. Where the industrial discharger conducts self - monitoring, the frequency of
monitoring shall be prescribed by the City. At a minimum, such
dischargers shall sample their discharge twice per year.
D. Any industrial discharger subject to this chapter shall rt-te
- - •- - - •- - -; ' • •- report to the Wastewater Division, in person or
by phone, ninety (90) days prior to any changes in its operations or processes which
significantly affect its wastewater constituents or characteristics, or storage of
chemicals, and which take place after the last report, permit application or
environmental survey. These changes include, but are not limited to, flow increases
of twenty percent (20 %) or greater, the commencement of discharge of any prohibited
or limited substance under section 7.65.060, subsection B of this chapter, and the
addition of any process covered by national categorical pretreatment standards.
Formal written notification shall be made to the Wastewater Division at least ten (10)
days prior to such change.
E. Any discharger operating under equivalent mass or concentration limits
shall notify the Wastewater Manager - - : - - - - - - : _ - . - • • - within two (2)
business days after the discharger has a reasonable basis to know that the
production level will significantly change within the next calender month. Any
discharger not notifying the Wastewater Manager - - - - _ _ - _ • • -
of such an anticipated change shall be required to comply with the existing limits.
F. All significant industrial dischargers not subject to categorical
pretreatment standards and, as deemed necessary by the Wastewater Manager
- - - - •- - - - - ' • •- , any minor industrial dischargers shall provide to
the Wastewater Manager . • - . - - - :. .. • • - the same reports as set
forth in section 7.65.140, subsection A of this chapter.
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G. If sampling performed by an industrial discharger indicates a violation,
the industrial discharger must notify the Wastewater Manager dircctor of cng- ifleeri-ng
and-utilities-within twenty -four (24) hours of becoming aware of the violation. The
industrial discharger shall also repeat the sampling and analysis and submit the
results of the repeat analysis to the Wastewater Manager - : : - . - - - .. - :
utilitics within thirty (30) days after becoming aware of the violation. The industrial
discharger is not required to resample if the POTW performs monitoring at the
industrial discharger's at least once a month, or if the POTW performs sampling
between the industrial discharger's initial sampling and when the industrial discharger
receives the results of this sampling.
H. All pollutant analyses, including sampling techniques, to be submitted
as part of a wastewater discharge permit application or report shall be performed in
accordance with the techniques prescribed in 40 CFR part 136 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.
1 Except as indicated below, the industrial discharger must collect
wastewater samples using 24 -hour flow proportional composite collection techniques.
In the event 24 -hour flow proportional composite sampling is infeasible, the
Wastewater Manager :• - - - - . - - - .. .. ' ' '- may authorize the use of
time proportional composite sampling or a minimum of four (4) grab samples where
the industrial discharger demonstrates that this will provide a representative sample
of the actual effluent being discharged to the POTW. In addition, grab samples may
be required to show compliance with instantaneous discharge limits. Samples to be
analyzed for fats, oil and grease (FOG), temperature, pH, cyanide, phenols, toxicity,
sulfides, and volatile organic compounds shall be obtained using grab collection
techniques.
1. Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated or
manufacturing process if no pretreatment exists or as determined by the
City. For dischargers subject to categorical pretreatment standards, if
other wastewaters are mixed with the regulated wastewater prior to
pretreatment the discharger should measure the flows and
concentrations necessary to allow use of the combined wastestream
formula of 40 CFR 403.6(e) in order to evaluate compliance with the
applicable pretreatment standards.
2. All sample results shall indicate the time, date and place, of sampling,
and methods of analysis, and shall certify that such sampling and
analysis is representative of normal work cycles and expected pollutant
discharges from the industrial discharger. If a discharger subject to the
reporting requirements in and of this section monitors any pollutant more
frequently than required by the City. Pw, it must submit the results of
this extra sampling and analysis of the discharge as part of its self-
monitoring report.
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J. The Wastewater Manager - - - - - ' - : - - :. ' ' - may use a
wastewater grab sample(s) to determine noncompliance with applicable pretreatment
standards.
K. Any reports required by this chapter and submitted by the industrial
discharger shall be signed by an authorized representative of the discharger. If
applicable pretreatment standards or requirements are not being met, the statement
also must be signed by an engineer qualified in pretreatment system design. Any
person signing the report shall make the following certification:
I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.
L. Written reports shall be deemed to have been submitted on the date
postmarked. For reports which are not mailed, postage prepaid, into a mail facility
serviced by the U.S. Postal Service, the date of receipt of the report shall govern.
The Wastewater Manager shall develop and implement procedures to receive and
analyze reports and other notices submitted by industrial dischargers
Section 12. Section 7.65.160, is amended to read as follows:
7.65.160 Inspection and sampling.
A. To assess compliance with this chapter, independent of any information
provided by an industrial discharger, Tthe City shall have the right to inspect, conduct
surveillance of, and collect wastewater samples from all monitoring equipment, sewer
lines, and plant facilities, and to examine and copy any discharge related records,
during all hours that a discharger is operating or whenever employees are on the
premises. The City will normally schedule such inspections upon seven (7) days notice,
but, if deemed appropriate or necessary, shall have the right to make unscheduled
inspections without prior notice. The City shall have the right to erect or install on the
discharger's property such devices as are reasonably necessary to conduct sampling,
inspection, compliance monitoring or metering operations.
B. Where an industrial discharger has security measures in force which
require proper identification and clearance before entry into its premises, the industrial
discharger shall make necessary arrangements with its security guards so that, upon
presentation of suitable identification, personnel from the City, state, and EPA will be
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permitted to enter without delay, for the purposes of performing their specific
responsibilities.
C. Failure to allow inspection, sampling, monitoring, metering, or copying as
authorized by this section shall be grounds for termination of wastewater treatment
services as well as any other enforcement action authorized under this chapter and
deemed appropriate by the 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 District Court Municipal Court Judge of the City will issue a search
and /or seizure warrant describing herein the specific location subject to the warrant.
The warrant will specify what, if anything, may be searched and /or seized on the
property described. Such warrant will be served at reasonable hours by the
Wastewater Manager - - - - - -' - - - - :. - :. • ' •- in the company of an
uniformed police officer of the City. In the event of an emergency affecting public
health and safety, inspections will be made without the issuance of a warrant.
E. The Wastewater Manager shall develop and implement procedures to
randomly sample and analyze the effluent from industrial users and conduct
surveillance activities to better identify, independent of information supplied by industrial
dischargers, occasional and continuing noncompliance with applicable pretreatment
standards. The Wastewater Manager shall inspect (including effluent sampling and
analysis) each significant industrial discharger at least once each year. The
Wastewater Manager shall investigate instances of noncompliance indicated by
information provided by industrial dischargers and by the Wastewater Manager's
independent inspection, sampling, and analysis
Section 13. Section 7.65.170, is amended to read as follows:
7.65.170 Confidential information.
A. Information and data furnished to the City with respect to the nature and
frequency of discharge will be available to the public or other governmental agency
without restriction unless the discharger specifically requests and is able to demonstrate
- - - • - - = - - -' 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
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RCW, as now or as it may be amended, but will be made available upon written request
to governmental agencies for uses related to this chapter, the NPDES permit, state
waste discharge permit and /or the pretreatment programs; provided, however, that such
portions of a report or other information will be available for use by the state or any
state agency in judicial review or enforcement proceedings involving the discharger
furnishing the report. Wastewater constituents and characteristics, and other "effluent
data" as defined by 40 CFR 2.302, 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.
Section 14. Section 7.65.180 is added to the Municipal Code, such new
Section to read as follows:
Part 7 - Wastewater Discharge Permits
7.65.180 Wastewater Discharge Permit Required
A. Permit Required of Significant 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.
B. Existing Significant Industrial Dischargers. Any existing significant
industrial discharger holding a valid wastewater discharge permit that will expire on or
after the date of full delesation shall submit a com•lete •ermit a• •lication in accordance
with Section 7.65.190 of this chapter at least sixty (60) days prior to the expiration of the
then - existing permit, PROVIDED that if such renewal will involve an increase in volume
or a change in the characteristics of discharges beyond those previously authorized,
then the industrial discharger shall submit a complete permit application in accordance
with Section 7.65.190 of this chapter at least one hundred twenty (120) days prior to the
expiration of the then - existing permit.
A significant industrial discharger whose existing wastewater discharge permit
has expired and who has submitted its reapplication in the time period specified herein
shall be deemed to have an effective wastewater discharge permit until the City issues
or denies the new wastewater discharge permit. A significant industrial discharger
whose •ermit has expired and who failed to submit its rea• •lication in the time •eriod
C:IPTSS\amended ordinance2changes.doc05 /09/00 Page 34 of 55
specified herein will be deemed to be in violation of this chapter. Any existing
significant industrial discharger that does not possess a current, valid wastewater .
discharge permitlissued either by the City or by Ecology) and that intends to continue
such discharge, shall immediately submit a complete permit application to Ecology (if
such application is made prior to the date of full delegation) or to the City in accordance
with Section 7.65.190 of this chapter (if such application is made on or after the date of
full delegation).
C. New Significant Industrial Dischargers. At least one hundred and twenty
(120) days prior to the anticipated start-up, any new source which shall become a
significant industrial discharger on or after the date of full delegation shall submit a
complete permit application in accordance with Section 7.65.190 of this chapter.. Such
new source shall not discharge wastewater to the POTW without first receiving a
wastewater discharge permit from the City.
D. Permits Required of Other Dischargers. The Wastewater Manager may
require any other discharger to obtain a wastewater discharge permit as necessary to
carry out the purposes of this chapter. The Wastewater Manager may issue general
permits, applicable to non- significant industrial dischargers within an SIC that the
Wastewater Manager determines to have the potential to cause interference, result in
pass through, or otherwise adversely affect the POTW.
E. Exemptions. The following discharges are not subject to waste discharge
permits under this Part 7:
1. Discharges of domestic wastes from industrial, commercial, or residential
structures; provided that such discharges do not have the potential to
cause interference in result in pass through.
2. Discharges of wastes from commercial or industrial sources whose
wastewater is similar in strength to normal domestic wastewater; provided
that such discharges do not have the potential to cause interference or
result in pass through.
3. Discharges for which the discharger has a current and valid wastewater
discharge permit from Ecology. .
These exemptions shall not relieve any discharger 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 any 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.
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Section 15. Section 7.65.190 is added to the Municipal Code, such new
Section to read as follows:
7.65.190 Wastewater Discharge Permitting Process
A. Permit Application.
1. Applications for permits shall be on forms as prescribed 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 in accordance with a system
designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons
who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
5. The Wastewater Manager shall review the application for completeness
and, within fourteen (14) 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 (5) 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 characteristics of discharges beyond those
previously authorized.
2. The public notice will include the following:
a. Name and address of the applicant, and if different, of the facility or
activity to be permitted;
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b. Brief description of the applicant's activities or operations that result
in the discharge described in the application (e.g. steel
manufacturing, fruit packing, livestock feeding operation);
c. A brief description of the discharge point(s);
d. A brief description of the procedures for the formulation of a final
determination, including the applicable comment period 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. Postingthe 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 hearing with respect to permit
applications for which notice is required pursuant to Subsection
7.65.190(B).. Any such request for a public hearing shall be filed within
thirty (30) days of the last date of publication required pursuant to
Subsection 7.65.190() and shall indicate the interest of the party filing
such request and the reason a hearing is warranted.
2. The Wastewater Manager shall hold a 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 appropriate 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.
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5. Procedures for the circulation of public notice for hearings shall include at
least the following:
a. Notice shall be published once, at least thirty (30) days in advance
of the hearing, 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 Section
7.65.190;
c. Notice shall be mailed to any person who submitted written
comment on the application or who requested notice of the
Wastewater Manager's final decision; and
d. Notice shall be mailed at least thirty (30) days in advance of the
hearing.
6. The contents of public notice of any hearing held pursuant to this Section
shall include at least the following:
a. Name, address and phone number of the office holding the public
hearing;
b. The purpose of the hearing;
c. Name and address of the applicant;
d. A brief description of the point(s) of discharge;
e. Information regarding the time and location of the hearing;
f. A brief description of the nature of the hearing;
g. A concise statement of the issues raised by the persons requesting
the hearing, when applicable;
h. A brief reference to the public notice issued for each application,
including identification number and date of issuance; and
The address and phone number of the Wastewater Division, from
which interested persons may obtain information.
D. Final Permit Decision.
Within twenty -one (21) days of the last date of publication required pursuant to
Subsection 7.65.190(B) or, if a public hearing is held pursuant to Subsection
7.65.190(C), within twenty -one (21) 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), the Wastewater Manager shall either issue or deny the
requested permit no later than twenty -one (21) 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. .
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Section 16. Section 7.65.195 is added to the Municipal Code, such new
Section to read as follows:
7.65.195 Wastewater Discharge Permit Contents, Transfer, and Modification
A. Permit Terms and Conditions.
1. Any discharge permit issued by the City shall include such conditions as
are reasonably deemed necessary by the Wastewater Manager to prevent
pass through or interference, protect the quality of the water body
receivin. the treatment slant's effluent . rotect worker health and safe
facilitate biosolids management and beneficial reuse, and protect against
damage to the POTW:
a. A statement that indicates the duration of the permit, which in no
event shall exceed five (5) years;
b. A statement that the wastewater discharge permit is non-
transferable without compliance with Subsection 7.65.195(B);
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.
e. Self- monitorinq, sampling, reporting, notification, technical report
submittal, compliance schedules, and record - keepinq
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;
q. 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;
i. Any conditions necessary to prevent and control pollutant
dischar• es from slant site runoff s. ilia. a or leaks stud• a or waste
disposal, or raw material disposal; and
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A statement of applicable civil and criminal penalties for violation of
pretreatment standards and requirements or any applicable
compliance schedule.
3. The permittee shall, at all times, be responsible for the proper operation
and maintenance of any facilities or systems of control installed by the
permittee to achieve compliance with the conditions of the permit. Where
design criteria have been established, the permittee shall not permit flow
or waste loadings to exceed approved designed criteria or approved
additions thereto.
4. A new application or supplement to the previous application, shall be
submitted along with required engineering plans and reports, whenever a
new or increased discharge or change in the nature of the discharge is
anticipated that is not specifically authorized by the current permit. Such
application shall be submitted at least sixty (60) days prior to proposed
changes.
5. In the event the permittee is unable to comply with any of the permit terms
and conditions due to any cause, the permittee shall:
a. Immediately take action to stop, contain, and clean up
unauthorized discharges or otherwise stop the violation, and
correct the problem;
b. Immediately notify the Wastewater Division of the failure to comply;
and
c. Submit a detail written report to the Wastewater Division within
thirty days, unless requested earlier by the Wastewater Division,
describing the nature of the violation, corrective action taken to
prevent a recurrence, and any other pertinent information.
B. Transfer of a Permit.
1. A permit is automatically transferred to a new owner or operator of the
facility if:
a. A written agreement between the old and new owner or operator
containing a specific date for transfer of permit responsibility,
coverage and liability is submitted to the Wastewater Division at
least sixty (60) days prior to the specified transfer date; and
b. The Wastewater Division does not notify the permittee of the need
to modify or revoke and reissue the permit.
2. Unless a permit is automatically transferred according to Subsection
(B)(1) of this Section, a permit may be transferred only if the permit is
modified or revoked and reissued to incorporate such other requirements
as determined necessary by the Wastewater Division.
C. Modification, Suspension, Revocation, and Voiding of Permits.
1. The Wastewater Division may modify a permit, including the schedule of
compliance or other conditions, if it determines good and valid cause
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exists, which includes, but is not limited to, promulgation or revisions of
categorical standards, the issuance of a special order, a change in the
POTW, and alterations or additions to the discharger's discharges.
2. Any permit issued under this chapter may be suspended or revoked, in
whole or in part, by the Wastewater Division for, but not limited to, the
following reasons:.
a. Violation of any permit term or condition;
b. Obtaining a permit by misrepresentation or failure to fully disclose
all relevant facts;
c. A material change in quantity or type of waste disposal;
d. Nonpayment of fees associated with the permit;
e. Failure to notify the City of significant changes to the discharge
prior to implementing that change;
f. Falsifying reports;
p. Tampering with monitoring equipment;
h. Refusing the allow the City access to the facility premises and
records; or
i. 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.
Section 17. Section 7.65.198 is added to the Municipal Code, such new
Section to read as follows: ..
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 that may be adopted by Ecology or the federal government subsequent to
the grant of authority 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 prior to passage.
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Section 18. Section 7.65.200, is amended to read as follows:
7.65.200 Notification of violation.
Whenever the Wastewater Manager . - - - - ' - ; - - :. • ' finds
that any discharger has violated or is violating this chapter, or an order issued
hereunder, the Wastewater Manager . - - - -; • • - may serve
upon said discharger written notice of the violation. Within ten (10) days of the
receipt date of this notice, an explanation of the violation and a plan for the
satisfactory correction and prevention thereof, to include specific required actions,
shall be submitted to the Wastewater Manager - : • •
Submission of this plan in no way relieves the discharger of liability for any violations
occurring before or after receipt of the notice of violation. Nothing in this section shall
limit the authority of the City to take any action, including emergency actions or any
other enforcement action, without first issuing a notice of violation.
Section 19. Section 7.65.210, is amended to read as follows:
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 period also specified by the
order. Such schedules may not extend the compliance date beyond applicable
federal deadlines. Consent orders shall have the same force and effect as
compliance orders issued pursuant to section 7.65.220 below and shall be judicially
enforceable.
B. Failure to comply with any terms or requirements of a consent order by
the discharger shall be an additional and independent basis for termination of
wastewater treatment services or for any other enforcement action authorized under
this chapter and deemed appropriate by the Wastewater Manager dircctor of
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Section 20. Section 7.65.220, is amended to read as follows:
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 appropriate to address the noncompliance, including the installation of
pretreatment technology, additional self- monitoring, 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 dircctor of
=•- -- ' = - -; • • will consider applying to the schedule the conditions provided
in section 7.65.140, subsection A, paragraph 7 of this chapter. A compliance order may
not extend the deadline for compliance established for a federal pretreatment standard
or requirement, nor does a compliance order release the discharger of liability for any
violation, including any continuing violation. Issuance of a compliance order shall not
be a prerequisite to taking any other action against the discharger.
B. Failure to comply with any terms or requirements of a compliance order by
the discharger shall be an additional and independent basis for termination of
wastewater treatment services or for any other enforcement action authorized under
this chapter and deemed appropriate by the Wastewater Manager dircctor of
Section 21. Section 7.65.230, is amended to read as follows:
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 appropriate remedial or
preventative action as may be needed to properly address a continuing or threatened
violation, including halting operations and terminating the wastewater discharge.
Issuance of a cease and desist order shall not be a prerequisite to taking any other
action against the discharger.
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Section 22. Section 7.65.240, is amended to read as follows:
7.65.240 Administrative fines.
Notwithstanding any other section of this chapter, any discharger who is found
by the Wastewater Manager director of cnginccring and utilitics , to have violated any
provision of this chapter, or orders issued hereunder, shall be fined in the amount not
to exceed one thousand dollars ($1,000.00) per violation. Each day on which
noncompliance shall occur or continue shall be deemed a separate and distinct
violation. Such assessments may be added to the discharger's next scheduled
sewer - service charge and the Wastewater Manager .' . • - - - . .
utilitics shall have such other collection remedies as he has to collect other service
charges. Unpaid charges, fines, and penalties shall constitute a lien against the
individual discharger's property. Issuance of an administrative fine shall not be a
prerequisite for taking any other action against the discharger.
Section 23. Section 7.65.260, is amended to read as follows:
7.65.260 Emergency suspension of treatment services.
A. The Wastewater Manager .' - _ - .' - - - ' - _ - - :. • ' ' - may order
the suspension of wastewater treatment service after informal notice to the discharger if
it appears to the City that an actual or potential discharge: (1) presents or threatens a
substantial danger to the health or welfare of persons or to the environment; or, (2)
threatens to interfere with the operation of the POTW or to violate any pretreatment
limits imposed by this chapter.
B. Any discharger notified of a suspension of the wastewater treatment
service shall cease immediately all wastewater discharges. In the event of a
discharger's failure to comply immediately and voluntarily with the suspension order, the
Wastewater Manager :' - : - - : ' - - - ' - :. - :. • ' ' - will take such steps as
deemed necessary, including immediate severance of the sewer connection, to prevent
or minimize damage, including but not limited to, the POTW, its �ludgo biosolids or
receiving waters, or endangerment to the health and welfare of any individuals. The
City shall have the right of access onto the discharger's private property to accomplish
such severance of the sewer line. The Wastewater Manager
and utilitics will allow . the discharger to recommence its wastewater discharge when the
endangerment has passed, unless the termination proceedings set forth in section
7.65.270 of this chapter are initiated against the discharger.
C. It shall be unlawful for any person to prevent or attempt to prevent the City
from terminating wastewater treatment service in an emergency situation, by barring
entry, by physically interfering with City employees or contractors, or by any other
means.
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D. Any discharger whose wastewater treatment service has been suspended
pursuant to this section shall have the right to a postsuspension hearing to be
conducted in accordance with the procedures set forth in section 7.65.280 below. A
discharger which is responsible, in whole or in part, for imminent endangerment shall
submit a detailed written statement describing the causes of the harmful contribution
and the measures taken to prevent any future occurrence to the Wastewater Manager
- = = - - ' - - - - - - ' ' - prior to the date of the post- suspension hearing.
Section 24. Section 7.65.270, is amended to read as follows:
7.65.270 Termination of treatment services.
A. The Wastewater Manager .' - - - - - - - . - - • ' •- shall have
authority to terminate wastewater treatment services for any discharger if it determines
that the discharger has:
1. Failed to accurately report wastewater constituents and characteristics;
2. Failed to report significant changes in operations or wastewater
constituents or characteristics;
3. Refused reasonable access to the discharger's premises for purposes of
inspection, monitoring, or sampling;
4. . Violated any condition of the discharger's waste discharge permit;
5. Violated any of the provisions of this chapter; or
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, monitoring, 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 right to a
pre- termination hearing in accordance with the provisions of section 7.65.280 of this
chapter.
Section 25. Section 7.65.280, is amended to read as follows:
7.65.280 Administrative hearing.
A. A discharger shall have the right to an administrative hearing to contest
the City's determination: - (1) to suspend the discharger's wastewater services; (2) to
terminate the discharger's wastewater services; (3) to impose administrative fines
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against the discharger; (4) to bill the discharger for costs incurred by the City as a result
of the discharger's violation or discharge; or (5) that the discharger has violated a
consent, compliance, or cease and desist order.
B. Any hearing pursuant to this section must be requested by the discharger
in writing within fifteen (15) days after the discharger receives notice of the City's
determination. The discharger's written request for hearing shall be filed with the
Wastewater Manager - _ _ - z•- - - :. _ . ' ' - . Failure to submit a timely
notice shall be deemed to be a failure to exhaust administrative remedies and shall
preclude any further review. The City will conduct the hearing within twenty (20) days of
the receipt of the request (or within five (5) days if the discharger is contesting
suspension or termination of wastewater services).
C. The administrative hearing authorized by this section will be held before
the City manager or the City manager's designee. Formal rules of evidence will not
apply but the discharger and the City shall have the right to present witnesses and
documentary evidence. The City manager or the City manager's designee will issue a
written decision within ten (10) days of the conclusion of the hearing.
D. Any discharger requesting a hearing shall have the right to make an
electronic or stenographic record of the proceedings. Such record shall be made at the
discharger's expense.
E. Except as otherwise provided, all decisions by the City manager or City
manager's designee shall be final and conclusive on all parties unless appealed to the
City Council under section 7.65.285 of this chapter.
F. - -
• - - - "".• - - = - - - - - - - - - = - • - - -- - ..
of hearings pursuant to this section.
•
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•
Section 26. Section 7.65.285, is amended to read as follows:
7.65.285 Appeal to the City Council.
A. Any decision of the City manager or the City manager's designee
rendered pursuant to section 7.65.280 of this chapter may be reviewed by appeal to the
City council. The discharger must file written notice of appeal with the clerk of the City
council within fifteen (15) days following notification of such decision or action. Such
notice of appeal shall be set forth in reasonable detail the action or decision appealed
and the discharger's grounds for reversal or modification thereof. Failure to submit a
timely notice shall be deemed to be a failure to exhaust administrative remedies and
shall preclude any further review.
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 written notice to all parties of record to apprise
them of the meeting date before the City council.
C. City council review of the facts shall not be limited to evidence presented
to the City manager or the City managers designee. The City council may request
additional information or memoranda in order to reach a decision, provided that all
parties of record are given an opportunity to respond to the material provided.
D. At the public meeting the City council may adopt, amend and adopt,
reverse, amend and reverse the findings, conclusions, and decision of the City
Manager or the City Manager's designee or remand the matter to the City Manager or
the City Manager's designee.
E. T19e- Cincil may by resolution adopt additional rulcs for the conduct
Section 27. Section 7.65.290, is amended to read as follows:
7.65.290 Judicial Review
A. The decision of the City council on an appeal of the decision of the City
manager or the City manager's designee shall be final and conclusive unless within
twenty (20) days from the date of final action, the discharger files a petition for review
with the Yakima County Stperox Court Municipal Court for the City of Yakima in the
manner prescribed by law.
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Section 28. Section 7.65.310, is amended to read as follows:
7.65.310 Performance bonds and liability insurance.
The Wastewater Manager dircctor of cnginccring and utilities 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.
Section 29. Section 7.65.320, is amended to read as follows:
7.65.320 Operating upsets.
A. Any discharger that experiences an upset in operations that places the
- -- -- -- - - - -- - - - --
shall inform the Wastewater Manager director of engineering and utilities 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 within five
(5) days after the discovery. This report shall be based on properly signed,
contemporaneous operating logs or other relevant evidence and shall include:
1. A description of the upset, the cause of the upset and the impact of the
upset on the discharger's compliance with this chapter.
2. The duration of noncompliance (including exact dates and times) and, if
noncompliance is continuing, the time by which the discharger expects to
be in compliance.
3. All steps which have been taken or will be taken to prevent the recurrence
of the upset.
4. Evidence that the facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures.
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B. A timely documented and properly verified operating upset shall be an
affirmative defense to any enforcement action brought by the City against the
discharger for failure to comply with this chapter to the extent that the enforcement
action arises out of violations which occurred during the period of upset. Provided,
however, that such an upset shall not relieve the discharger of any other liability for the
upset including, but not limited to, liability for damages sustained by the POTW, the
City, or third persons. In any enforcement proceeding, the discharger seeking to
establish the occurrence of an upset shall have the burden of proof.
Section 30. Section 7.65.330, is amended to read as follows:
7.65.330 General /Specific prohibitions.
A discharger shall have an affirmative defense to an enforcement action brought
against it for noncompliance with the general prohibition against interference and pass
through found in section 7.65.060, subsection B of this chapter, or with the specific
prohibitions found in section 7.65.060, subsection B, paragraphs 2, 7, 8, 10, and 44 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, subsection E of this chapter for each pollutant discharged and the discharger
was in compliance with each limit directly prior to, and during, the pass through or
interference, or (B) no local limit exists under section 7.65.070, subsection E of this
chapter, but the discharge did not change substantially in nature or constituents from
the discharger's prior discharge when the City was regularly in compliance with its
NPDES permit requirements, and in the case of interference, was in compliance with
applicable cludgo biosolids use or disposal requirements.
Section 31. Section 7.65.340, is amended to read as follows:
7.65.340 Bypass.
A. A discharger may allow any bypass to occur which does not cause the
pretreatment standards or requirements of sections 7.65.060 and 7.65.070 of this
chapter to be violated, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provision of subsections B and C of
this section.
B. If a discharger knows in advance of the need for a bypass, it shall submit
prior notice to the 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
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the Wastewater Manager dircctor of engineering and utilitic3- within twenty -four (24)
hours from the time it becomes aware of the bypass. A written submission shall also be
provided within five (5) days of the time the industrial discharger becomes aware of the
bypass. The written submission shall contain a description of the bypass and its cause;
the duration of the bypass, including exact dates and times, and, if the bypass has not
been corrected, the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the bypass. The
Wastewater Manager - - - - - - - - . _ .. ' • •- may waive the written report
on a case -by -case basis if the oral report has been received within twenty -four (24)
hours.
C. Bypass is prohibited, and the City may take enforcement action against a
discharger for a bypass, unless:
1. Bypass was unavoidable to prevent Toss of life, personal injury, or severe
property damage;
2. There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back -up equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of equipment downtime or
preventive maintenance; and
3. The discharger submitted notices as required under subsection B of this
section.
The Wastewater Manager - : - - - - - - - ' - - _ - :. ' • ' - may approve an
anticipated bypass, after considering its adverse effects, if the Wastewater Manager
- - - - - - - - : - ' ' ' - • etermines that it will meet the three conditions
listed in this subsection.
Section 32. Section 7.65.360, is amended to read as follows:
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 dircctor of
engineering and utilities , through the City attorney, may commence an action for
appropriate legal and /or equitable relief in the Yakima County Superior Court Municipal
Court for the City of Yakima. Such judicial action may be in lieu of or in addition to any
other administrative enforcement action authorized herein.
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•
Section 33. Section 7.65.370, is amended to read as follows:
7.65.370 Injunctive relief.
Whenever a discharger has violated or continues to violate the provisions of this
chapter or order issued hereunder, the Wastewater Manager dircctor of chg-i-heeFift
n "t'''+ , 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 appropriate) which restrains or compels the activities on
the part of the discharger. The Wastewater Manager :• - : : - . - - - . -
utilities-shall have such remedies to collect these fees associated with legal costs as it
has to collect other sewer service charges. Such other action as appropriate for legal
'and /or equitable relief may also be sought by the City. A petition for injunctive relief
need not be filed as a prerequisite to taking any other action against a discharger.
Section 34. Section 7.65.380, is amended to read as follows:
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 at least one thousand dollars
($1,000) per violation but not more than ten thousand dollars ($10,000) per violation,
plus actual damages incurred by the POTW. Each day upon which a violation occurs or
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), 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
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Section 35. Section 7.65.420, is amended to read as follows:
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 private wastewater disposal systems in the City or to
remove, transport or dispose of septage from private wastewater disposal systems by
transporting the same across or along any of the streets, alleys, or public ways of the
City without having first complied with the terms of this section. It is unlawful for anyone
to discharge any trucked or hauled waste including, but not limited to, septage from
private wastewater disposal systems at any location within the City, except at discharge
points specifically designated by the POTW or which have have been approved in
writing by the 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 dcpartmcnt of cnginccring and utilitics prior to arrival
at the POTW; and
4. Prevent the commingling of industrial wastewater, process wastewater,
sludge biosolids and domestic wastewater. Any wastewater collected
from a business or industry must receive a written authorization from the
Wastwater 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 right to inspect and sample any trucked or hauled
waste before allowing its discharge to the POTW to verify compliance with the
provisions of this chapter and any applicable federal or state laws.
D. The City shall have the right to refuse the discharge of any trucked or
hauled waste to the POTW if it determines within its absolute discretion that the
discharge of such trucked or hauled waste would not comply with the provisions of this
chapter and any applicable federal or state laws.
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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.
Section 36. Section 7.65.430, is amended to read as follows:
7.65.430 Regulations.
The Wastewater Manager ; • - o : - . - - - _ . -; ' ' •- will have the
authority to promulgate written regulations consistent with this chapter.
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Section 37. 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 May , 2000.
CITY OF YAKIMA, WASHINGTON
By
M Place, Mayor
ATTEST:
a A- 4 J Cdr
City Clerk
Publication Date: 5/19/00
Effective Date: 6/18/00
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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.
2000 -19 of the Council (hereinafter called the "Ordinance "), duly passed at a regular
meeting thereof held on the 16th day of May , 2000.
2. That said meeting was duly convened and held in all respects in
accordance with law, and to the extent required by law, due and proper notice of such
meeting was given; that a legal quorum was present throughout the meeting and a
legally sufficient number of members of the Council voted in the proper manner for
passage of said Ordinance; that all other requirements and proceedings incident to the
proper passage of said Ordinance have been duly fulfilled, 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 , 2000.
City Clerk
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ) 9 A
For Meeting Of May 16, 2000
ITEM TITLE: Sewer Use Ordinance
SUBMITTED BY: Doug Mayo, Wastewater Manager
Pete Hobbs, Environmental Analyst
CONTACT PERSON /TELEPHONE: Doug Mayo, 575 -6077
Pete Hobbs
SUMMARY EXPLANATION:
The Washington Department of Ecology is requiring the Wastewater Division, in its NPDES permit, issued
September 8, 1997, to update the sewer use ordinance to provide a smooth transition to a fully delegated
pretreatment program. Staff respectfully requests City Council to adopt the attached Sewer Use Ordinance,
which fills this permit requirement.
Resolution _ Ordinance _X_ Other (Specify)
Contract Mail to (name and address):
Funding Source N/A
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt attached Sewer Use Ordinance.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Legal/BD
rev. effective 7/21/92