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HomeMy WebLinkAbout09/30/2014 03 Wastewater/Stormwater Rate Study and Pre-Treatment ProgramBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 3. For Meeting of: September 30, 2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: Wastewater/Stormwater Rate Study and Pre -Treatment Program SUBMITTED BY: Debbie Cook, P.E., Director of Utilities and Engineering Shelley Willson, Wastewater Manager SUMMARY EXPLANATION: The City Council authorized a Professional Services Agreement with FCS Group on March 11, 2014 to develop and provide a Rate Study for the Wastewater, Industrial Wastewater and Stormwater Utilities. FCS Group will present to the Council on September 30 their findings and recommendations. Council direction will provide staff with information necessary to draft the revised language for the Yakima Municipal Code and preparation of the 2015 Utility Budgets. Attached for Council review prior to the study session is the September 3, 2014 Rate Study prepared by FCS Group and a copy of the PowerPoint presentation. The City of Yakima's Wastewater Division is required under the National Pollutant Discharge Elimination (NPDES) Permit Program to have a Pretreatment Program. The State has the authority to levy fines of $10,000 for every violation of our NPDES Permit. The City has identified at least 250 businesses in the city limits that should be included in the Pretreatment Program. The Wastewater Division has developed a plan that includes a review of all current business licenses, contacting businesses and providing technical assistance to meet Federal, State and Local Regulations by March 2015. Attached for Council review prior to the study session is a PowerPoint Presentation, EPA 40 CFR 403.8, NPDES Permit WA -0024023 and Yakima Municipal Code Section 7.65. Resolution: Other (Specify): Contract: Contract Term: Start Date: End Date: Amount: Ordinance: Item Budgeted: Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager ATTACHMENTS: Description Upload Date Type summary 9/26/2014 Cover Memo Rate Study Prepared by FCS Group 9/19/2014 Cover Memo Rate study pp 9/25/2014 Cover Memo pretreatment pp 9/24/2014 Cover Memo EPA 40 CFR 403.8 9/19/2014 Cover Memo NPDES Permit 9/19/2014 Cover Memo pre treatment 9/22/2014 Cover Merno letter 1 9/23/2014 Cover Memo businesses 2 9/23/2014 Cover Memo City of Yakima Proposed Utility Bill Paid by a Typical Household (based on recommended increases) Cost per billing cycle: Water 2 Month Ready to serve 12 units - Wastewater 2 Month Ready to serve 12 units - Stormwater 2 Month Ready to serve 2014 2015 2016 2017 2018 $ 17.54 $ 18.15 $ 18.88 $ 19.63 $ 20.42 17.52 18.12 18.96 19.68 20.40 $ 35.06 $ 36.27 $ 37.84 $ 39.31 $ 40.82 $ 41.24 $ 42.46 $ 43.74 $ 45.06 $ 46.40 36.12 37.20 38.28 39.48 40.68 $ 77.36 $ 79.66 $ 82.02 $ 84.54 $ 87.08 $ 7.16 $ 11.10 $ 11.38 $ 11.68 $ 11.96 Total Bi -monthly bill $ 119.58 $ 127.03 $ 131.24 $ 135.53 $ 139.86 Increase $ 7.45 $ 4.21 $ 4.29 $ 4.33 Monthly billing charge $ 59.79 $ 63.52 $ 65.62 $ 67.77 $ 69.93 Monthly Increase $ 3.72 $ 2.11 $ 2.15 $ 2.17 Assumptions: Water & Wastewater - Average family usage of water per billing cycle 12 Stormwater - 1 ERU, Equivalent Residential Unit of impervious surface Ci y of Ya dma 1111,111,111,111,111,111,1111,111111111111111111111111,11,111,111,111,111,111,111,1111 11111111111111111111111111 Draft Re Dorfor 2014 Wastewater, lIndus rial Wastewater & S ormwa er Rate Study Se ember 2014 ITS GROUP 7525 166th Avenue NE, Suite D-215 Redmond, WA 98052 T: 425.867.1802 F: 425.867.1937 This entire reporf. is made of readily recyclable materials, including the bronze wire binding and the front and back cover, which are made from post -consumer recycled plastic bottles. l'Cs (]RC)IJP S 1uuti�tr� (3tcr.titcd (:o� September 2, 2014 Shelley Willson, Wastewater Manager City of Yakima, Wastewater Division 2220 E Viola Ave Yakima, WA 98901 Firm Headquarters Redmond Town Center 7525 166'x' Ave N.F.. Suite D-215 Redmond, Washington 98052 Serving the Western U.S. and Canada since 1988 Washington 425.867.1802 Oregon 503.841.6543 Alaska 907.242.0659 Subject: 2014 Wastewater, Industrial Wastewater, and Stormwater Rate Study Dear Ms. Willson, FCS GROUP is pleased to submit this draft report documenting the 2014 rate study conducted for the City of Yakima. Enclosed is a description of our methodology, key assumptions, findings, and recommendations. For the wastewater utility, our analysis shows that increases are needed for pretreatment charges and the strong waste surcharge. With pretreatment charges, the increases are substantial enough that we recommend a three-year phase-in. We have recommended a new type of charge for Industrial Waste customers that accommodates the City's two goals: to achieve cost recovery and to create an incentive for high -sugar content industrial customers to make use of the City's industrial waste facilities. We are assuming implementation of the most recent wholesale agreements with Terrace Heights and Union Gap. Assuming implementation of the recommended pretreatment charges, strong waste surcharges, industrial wastewater charges, and wholesale charges, the retail wastewater rates are projected to require increases of 3% per year, enough to keep up with inflation and carry out the planned capital improvement program. We also have recommendations about the application of the out -of -City multiplier to pretreatment charges, strong waste surcharges, and retail wastewater rates. The stormwater system is still developing as a self-supporting utility, and its current rates are far below the rates for comparable jurisdictions and below the level needed to maintain and improve the City's stormwater system. In order to fund the stormwater capital program, City stormwater rates will need to increase substantially. In this report, we outline three alternative rate increase strategies and recommend one of them. Our recommended strategy takes advantage of the fact that stormwater charges are relatively small in dollar terms: even a high percentage increase in stormwater rates has less impact on customers than a moderate increase in water or sewer rates. It has been a pleasure to work with City staff on this effort. We look forward to working with you in the future, and we encourage you to contact us at 425-867-1802 if you have any comments or questions regarding this study. Sincerely, Gordon Wilson I C S R 0 J1 City of Yakima August 2014 2014 Wastewater, OW, Stormwater Rate Study DRAFT rA 3 F F Co \1T E \1TS SECIION 1: 1.1. Study Objectives 1 1.2. Summary of Results 2 SECIION 2: 2.1. Fund Management 3 2.2. Operating Reserves 4 2.3. Capital Contingency Reserves 4 2.4. Planned Rate -Funded Capital Reinvestment 5 2.5. Debt Management 6 2.5.1. Debt Service Coverage 6 2.5.2. Capital Structure 7 2.6. Cumulative Impact of Fiscal Policies 7 2.7. Review of Historical Financial Performance 8 2.7.1 Stormwater Utility Historical Financial Performance 8 2.7.2. Wastewater Utility Historical Financial Performance 10 SECTION 3: 3.1. General Forecast Assumptions 12 SECIION 4: 4.1. Summary 13 4.2. Customer Data Corrections 14 4.2.1. Change ERU Calculation Methodology 14 4.2.2. Reclassification of Residential to Non -Residential 14 4.3. Changes to Revenues & Expenditures 15 4.3.1. Future Savings in Annual Costs 15 4.3.2. Future Increases in Annual Costs 15 4.4. Capital Program Funding and Rate Strategies 15 4.4.1. Overview of Scenarios 15 4.4.2. Current Stormwater Rate in Context 16 4.5. Rate Increase Scenarios 17 4.5.1. Scenario 1: Smooth Rate Increases 17 4.5.2. Scenario 2: Right -Size Increase (Recommended) 19 4.5.3. Scenario 3: No Debt 21 4.6. Summary of Stormwater Recommendations 23 4.6.1. Rate Increase Strategy 23 4.6.2. Timing of Billing 23 III fcsg ro RID )“, CO 1011 City of Yakima August 2014 2014 Wastewater, OW, Stormwater Rate Study DRAFT SECTION 5: 5.1. Summary 24 5.2. Pretreatment (MIU) Rates 25 5.2.1. Overview 25 5.2.2. MIU Charges - Methodology and Results 25 5.2.3. Out -of -City Multiplier - MIU Rate and Strong Waste Surcharge 26 5.3. Strong Waste Surcharges (BOD, TSS, FOG) 27 5.3.1. Why is There a Strong Waste Surcharge? 27 5.3.2. Overview - Current and Projected Strong Waste Surcharges 28 5.3.3. Methodology 29 a) Allocation of Fixed Assets to Functional Categories 29 b) Allocation of Operating and Capital Costs to Functional Categories 29 5.3.4. Results 30 5.4. Industrial Wastewater / UASB Rates 31 5.4.1. Overview 31 5.4.2. Methodology 31 a) Industrial Wastewater Rate 31 b) Modified Retail Rates 32 5.4.3. Results 32 5.4.4. Capped Industrial Wastewater Rates 33 5.4.5. Impact on Existing Industrial Wastewater Customers 34 5.5. Wholesale Agreement 34 5.6. Retail Rates (Ready -To -Serve, Volume Charge) 35 5.6.1. Capital Funding Strategy 35 5.6.2. Annual Financial Forecast 36 5.6.3. Realignment of Out -of -City Multiplier 37 5.6.4. Recommended Rate Schedule 38 5.6.5. Rate Comparison 39 5.7. Bill Impact to Sample Customers 39 5.8. Changing from 360 Days to 365 Days 40 5.9. Unmetered Customer Assumptions 41 5.9.1. Residential Assumption 41 5.9.2. Assumption for Commercial Customers 41 I S GROUP Ill ,ofcsg ro RID )“, CO 1011 City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 1 SECT O \1TRO 'DUCT In March 2014, the City of Yakima contracted with FCS GROUP to undertake a Wastewater, Industrial Wastewater, and Stormwater Rate Study. This study deals with two separate utilities: wastewater and stormwater. Industrial wastewater charges are part of the wastewater revenue stream. This report documents the objectives, assumptions, findings, and recommendations of the study. Section 2 discusses the financial policy assumptions. Section 3 presents general forecast assumptions for inflation, customer and consumption growth, interest on investment, debt terms, and applicable State and City taxes. Section 4 explains the stormwater forecast results, including three alternative strategies for implementing the rate increases needed for that utility. We also discuss briefly the potential impact of changing to monthly billing for both stormwater and wastewater. Section 5 is the longest section, focused on the wastewater utility. For wastewater, the main source of revenue is the retail rates, equal to 79% of total revenue for the utility. However, there are four other sources of revenue that are large enough to make a difference in the retail rates: pretreatment charges, the strong waste surcharge, the new industrial waste charge, and wholesale charges. These revenues together comprise 20% of total revenue, and they offset the retail revenue requirement—the more revenue is generated by those four other charges, the less is required from retail rates. For that reason, Section 5 begins with a discussion of the four offsetting revenue sources—first the pretreatment charges, then the strong waste surcharge, then the industrial waste charge, and finally the wholesale service charges. After those four offsetting revenues are determined, then we can know how much money needs to be generated by the retail rates, so our discussion moves to the retail rate forecast. Finally, Section 5 ends with a rate comparison between Yakima and other wastewater utilities, the overall bill impacts to some hypothetical sample customers, and two smaller issues: the impact of changing the daily rate calculation so that it is equivalent to 365 days per year rather than 360 days per year, and usage assumptions for unmetered customers. 1.1. STUDY OBJECT V FS The primary objectives of the study were to: Evaluate financial policies for both utilities. Develop a capital financing strategy for each utility. Assess revenue needs and forecast needed rate adjustments from 2015 through 2024. Update stormwater charges, including alternate ways to implement rate increases. Update wastewater rates, including: 4 Fixed and volume charges for retail customers. 4 Strong waste surcharges, which are special charges for heavier -than -normal generators of Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), or Fats, Oils, and Greases (FOG). 4 Pretreatment charges for Minor Industrial Users (MIUs). I S G . 0 uro111 0 iOar City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 2 Develop industrial wastewater rates for customers connected to the Upflow Anaerobic Sludge Blanket (UASB), a new process for pre -treating high -sugar wastewater at the plant. 1.2. SUMMARY O1f:::: RESULTS Exhibit 1-1 shows the existing 2014 stormwater rates along with three scenarios for 2015-2024 rates. We recommend Scenario 2, for reasons discussed later, in Section 4. Exhibit 1-1: Rate Scenarios for Stormwater Utilit er ERU r' ware w c rip lrrrrrr111111mmml1lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll0o1411JJrrMMMhl dull /flip% i7 .11111goio 11,14x% ����l2%�//1,1 i% iffilg g411,rr % Scenario 1: Rate Smoothing (9% / yr) Scenario 2: "Right - Size" (55%, then 2.5% / yr) Scenario 3: "Right - Size" No Debt (106.25%, then 2.5% / yr) $ 3.58 $ 3.91 $ 4.26 $ 3.58 $ 5.55 $ 5.69 $ 4.64 $ 5.06 $ 5.51 $ 5.84 $ 5.98 $ 6.13 $ 6.28 $ 6.44 $ 6.60 $ 6.77 $ 6.94 $ 6.01 $6.55 $7.14 $7.78 $ 8.48 $ 3.58 $7.39 $7.58 $7.76 $7.96 $8.16 $8.36 $8.57 $8.79 $9.00 $9.23 Exhibit 1-2 shows recommended percentage increases in retail wastewater rates from 2015-2024. Exhibit 1-2: Across the Board Retail Rate Increases for Wastewater Retail Customers FRI111VIImm1RII111mmm1111 1�� m11?1 11mmm111> ' f0J' ��'�"'011llllllllllllli� �/ »,2 / �'G/� YIIIIIIIIIIIII 11IIIIIIIIII IIIIt�fi IIIIIIIII li11iiulllllllllll IIIIIIII 111111111) i 'iiiiii(1 Annual Increases 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% Single Family Bill @ 6 ccf/mo $38.68 $39.84 $41.03 $42.26 $43.53 $44.84 $46.18 $47.57 $48.99 $50.46 $51.98 These increases in the retail wastewater rates assume that the recommended increases in the strong waste surcharge and pretreatment charges are adopted as well. This schedule also assumes implementation of the new Industrial Wastewater rates developed as part of this study, as well as implementation of the new wholesale wastewater agreement with Terrace Heights and Union Gap. The specific charges for pretreatment, strong waste, industrial waste, and wholesale service are discussed in more detail in Section 5. I S t I R0 .➢ g uro11II 0 iirn City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 3 SECT 0 \l 2: F 11A 1C A Po c ES This section outlines financial policies that are used to guide financial planning and ratemaking for City utilities. We evaluated the following policies: Fund Management Operating and Capital Cash Reserves Planned Rate -Funded Capital Reinvestment Debt Management 2.1 If==UND MANAGEMENT The wastewater and stormwater utilities are both expected to be fully self-supporting, recovering all of their costs through user fees. Conceptually, utility expenditures can be divided into three main types of costs: operating, capital, and debt service. Operating costs tend to be ongoing and predictable, while capital costs are highly variable and may include large, one-time projects. Debt service results when one-time capital costs are converted into an ongoing stream of payment obligations. Therefore, debt service is similar to capital in its purpose but similar to the operating budget in its cash flow characteristics, consisting of regular, relatively predictable amounts. The main funding source for the utility operating budget is ongoing rate revenue. Operating revenue can be used for capital purposes, either in the current year or by building reserves for future capital needs; however, capital funding sources cannot be used for operating purposes. Capital funding sources consist of debt and loan proceeds, connection charges, most types of grants, and capital revenues from wholesale customers, as well as operating revenue designated for capital purposes. The sources and uses of operating, capital and debt service functions are illustrated in Exhibit 2-1. Exhibit 2-1: Summar of 0 eratin • Ca OP°r11199ii 0 I '�IIIII I Sources of Funding User Rates Interest Earnings Miscellaneous Service Fees Uses Operating Expenses Maintenance Administration Debt Service Transfers to Capital nal, and Debt Accounts Sources of Funding Connection Charges Debt Proceeds Transfers from Operating Interest Earnings Grants Wholesale Capital Revenue Uses Capital Projects The City currently maintains the following funds: 11P9M I5 l ldllllll Sources of Funding Transfers from Operating Debt Proceeds (for initial establishment of bond reserves) Uses Debt Service Payments Stormwater — Operating Fund (441), Capital Fund (442) Wastewater — Operating Fund (473), Treatment Plant Capital Reserve (472), Construction Fund (476), Facility Project Fund (478) The City also maintains several reserve funds related to outstanding revenue bond issues. CS G .. U .P 0 iirn City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 4 2.2. 0 'FEAT NG RESERVES When evaluating fund reserve levels, it is important to recognize that the value of reserves lies in their potential use. A reserve strategy that deliberately avoids any use of reserves negates their purpose. Fluctuation of reserve levels merely indicates that the system is working, while lack of variation over many years strongly suggests that the reserves are, in fact, unnecessary. An operating reserve is designed to provide a liquidity cushion; it protects the utility from short-term variations in the timing of revenue collection or payment of expenses. Like other types of reserves, operating reserves also serve another purpose: they help smooth rate increases over time. Target funding levels for an operating reserve are generally expressed as a certain number of days of operating and maintenance (O&M) expenses, with the minimum requirement varying with the expected revenue volatility. Industry practice for utility operating reserves ranges from 30 days (8%) to 120 days (33%) of O&M expenses, with the lower end more appropriate for utilities with stable revenue streams and the higher end of the range more appropriate for utilities with significant seasonal or consumption -based fluctuations. The most common operating reserve targets are 30-45 days for stormwater utilities, 45- 60 days for sewer utilities, and 60-90 days for water utilities. This study assumed the following operating reserve targets: Recommended Policy: A target of between 60 and 90 days (16-25% of annual O&M) for both wastewater and stormwater. City staff recommended minimum targets of 60 days of O&M for each utility. Policy Achievement: In 2014, beginning operating balances for wastewater and stormwater were approximately 82 and 270 days of O&M respectively. City currently meets and exceeds the minimum recommended policy. Rate increase recommendations within this report allow for each utility to remain within the 60-90 day range throughout the study period. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm In our forecast, the operating reserve target is based on December 31 of each year, with the balance expected to vary during the course of the year. If operating reserves exceed the maximum target at year-end, we assumed the excess cash would be used for capital projects. This can be accomplished by calculating the target balance at year end and comparing it against the actual ending cash balance. If the actual balance is greater than the target, the difference is transferred to the utility capital account. 2.3. CA TAI CONT NGFNCY RESERVES In addition to protecting against variations in the timing of operating costs and revenues, it is prudent to maintain a capital contingency reserve to meet unexpected emergency capital outlays. There are several methods used in the industry to set the level of these types of reserves, including: Most costly piece of equipment or infrastructure: A utility may predict the cost of replacing its most expensive piece of equipment or infrastructure, such as a large reservoir, vital transmission main, or a key pump station. Average annual cost of capital program: Alternatively, a utility may use a percentage of its projected capital program, or set the reserve equal to the average annual cost of its capital program. Percentage of utility plant: A utility may also elect to hold a capital contingency equal to a percentage of its fixed assets, usually 1-2% of the original cost of total assets. 1 C S GROUP III" wlw' 0 1111 City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 5 For wastewater, we assumed a capital contingency reserve of 1% of original asset cost. However, for stormwater, fixed asset records prior to 2007-08 (when the stormwater utility was formed) were booked in the street asset inventory, so the assets booked in the stormwater fund do not represent all of the assets associated with the stormwater utility. If 1% of asset cost were to be assumed for the stormwater capital contingency, the result would understate the target. For this reason, we assumed an initial baseline capital contingency of $300,000. Going forward, the greater of either $300,000 or 100% of annual depreciation was used as the capital contingency for the stormwater utility. Recommended Policy: Wastewater has a target reserve of 1% of the original cost of fixed assets, which equates to $1.4 million and increases to $1.9 million by 2024. We do not have a reliable measure of the total cost of stormwater capital assets, because stormwater assets were historically tracked as part of the Street Fund. For that reason, we assumed a minimum capital contingency of the greater of $300,000 or 100% of depreciation. Annual depreciation is projected to exceed this baseline in 2020 and is estimated to be nearly $525,000 by 2024. Current Achievement: Capital fund balances currently exceed the minimum capital contingency level for both funds. Beginning capital fund balances in 2014 for wastewater and stormwater were $3.2 million and $1.4 million respectively. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 2.4. 1I....ANNFD RATF....IFt\1DFD CA. TAI -REF NVFS TMFN T As a municipal utility service provider, the City has a "duty to serve," both now and in the future. Utilities are capital -intensive businesses; high levels of capital investment are required in order to build the infrastructure and keep it up to date. For that reason, utility financial policies should address the question of how to pay for future replacement of capital facilities. The cash requirements of a capital program can be difficult to absorb within any given year's rate revenue. The cost of replacing a given piece of infrastructure is usually higher than its original construction cost many years ago, because of inflation, construction conditions, and the reduced availability of grants or developer funding. In addition, due to the integrated nature of utility infrastructure, it is possible that multiple assets will need to be replaced concurrently. Therefore, in order to avoid excessive reliance on debt, it is prudent to have a financial policy that plans to commit a certain minimum amount of current rate revenue toward capital projects each year. A common approach is to establish a funding target using a percentage of depreciation expense as a benchmark. (Depreciation expense is calculated as the original cost of each asset divided by its expected useful life.) Sometimes this benchmark is modified so that the annual funding target is equal to a percentage of depreciation net of annual debt principal payments. This provision recognizes the system reinvestment that the utility is already making each year as it makes debt principal payments. Conceptually, basing system reinvestment funding on depreciation expense meets several standards for reasonable rates: Financial integrity: Funding depreciation expense from current rates avoids a decline in total asset book value; Rate equity: Funding depreciation expense from rates means that customers are charged in proportion to their consumption of facilities' useful lives; and Adequacy of capital funding: Funding depreciation expense from current rates provides a stable funding source for capital expenditures, especially those related to repair and replacement of existing system infrastructure. 1 CS GROUP P 0 1111 City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 6 It is important to note that depreciation is not expected to equal the future replacement cost of the utility assets, but serves simply as a starting point for addressing future capital funding needs. As noted previously, actual system replacement costs will probably be much higher than the cost originally incurred to build the systems. The City does not currently have a policy specifying the amount of rate revenue to commit each year to capital reinvestment, so we made assumptions about rate -funded capital reinvestment in order to guide the capital funding strategy and financial forecast. Recommended Policy: For Wastewater, we assumed a target of funding 100% of depreciation (net of debt principal payments) each year; this averages nearly $1.5 million per year. Because of incomplete asset records for Stormwater, a minimum baseline of $350,000 per year was assumed. In future years, we assumed the greater of this baseline amount or 100% of depreciation on assets booked in the stormwater utility. The target amount increases to nearly $525,000 by 2024. Current Achievement: The City does not currently have a policy set in place. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 2.5. DEBT MANAGEMENT Debt financing is one appropriate tool for capital funding. Compared with pay-as-you-go funding, debt smooths out the rate impact of a capital program by spreading costs over time. It also creates intergenerational equity—it is sometimes called "pay -as -you -use" because future customers who use the assets are the ones paying for them. However, debt cannot be relied on too much because it carries the risk of default. Debt also reduces budget flexibility—pay-as-you-go capital projects can be delayed if there is a revenue shortfall, but once the utility has sold debt, the debt service needs to be paid in good times or bad. So while debt is a useful part of the toolbox, it needs to be monitored to ensure that the system does not become too heavily dependent on it. To evaluate the City's debt level, we will discuss two measurements: debt service coverage and capital structure. 2.5.1. Deb Service Coverage Debt service coverage is most easily understood by focusing on its reciprocal: the amount of debt service as a percentage of the utility's net revenue. "Net revenue" is analogous to the operating profit of a private business; it refers to the total operating income minus operating expenses. For example, if net revenue were $200,000 and debt service were $100,000, then debt service as a percentage of net revenue would be 50% (or $100,000 divided by $200,000). If you take the reciprocal of that percentage (in other words, $200,000 divided by $100,000), you get 2.0. This is "coverage," as the term is used in debt agreements. Occasionally, State loans will have coverage requirements, but usually this requirement comes from the sale of revenue bonds, in which case the calculation only includes bonded debt service. A typical coverage requirement for utility revenue bonds is 1.25, including for the City's most recent revenue bond issue. In the simple illustration above, if annual bonded debt service were $100,000, then net revenue each year would have to be at least $125,000 in order to comply with bond covenants. A bond coverage requirement of 1.25 is equivalent to saying that bonded debt service can be no higher than 80% of net revenue ($100,000 divided by $125,000). Because of the coverage requirement, when it sells bonds, the City agrees to collect enough revenue to meet operating expenses and not only pay debt service, but collect an additional 25% increment above debt service. The extra revenue is a cushion that makes bondholders more confident that debt service will be paid on time. The extra revenue can be used for capital expenditures, to build system reinvestment reserves, or for debt service on subordinate debt that does not require coverage. Achieving a bonded debt service coverage level greater than the minimum amount that is contractually required is a positive signal that bond rating agencies notice, and it can result in more favorable terms when the City next goes to the market for revenue bonds. 1 CS GROUP P 0 101 City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 7 Recommended Policy: Per contractual obligation, minimum bonded debt service coverage is 1.25. However, the City has an internal policy of planning for debt service coverage of at least 2.0, which is more conservative and safer than the 1.25 threshold. Our forecast assumes a minimum of 2.0. Current Achievement: The utilities are currently exceeding the minimum target of a 2.0 coverage on bonded debt. Wastewater currently has an estimated coverage of 3.3 on bonded debt and 1.8 on all debt (including state/other local loans). Assuming the level of rates recommended in this report, debt coverage on bonded debt remains at or above 2.0 and coverage on all debt remains at or above 1.6 throughout the 10 -year study period. Stormwater is not currently paying debt service. The levels of projected debt vary significantly with each rate increase scenario presented. However, the coverage stays at or above 2.0 in each scenario, while the coverage on all debt remains at or above 1.8. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 2.5.2.COpirtal S iru c uire Another useful measurement in assessing the debt burden of a utility is the capital structure: the outstanding debt as a percentage of total capital assets (original cost net of depreciation). A capital structure of 60% debt / 40% equity is considered an appropriately conservative limit on total indebtedness. A capital structure that is lower than this target suggests that the utility has the financial capacity to issue more debt if needed. For Stormwater, a capital structure slightly higher than 60% is still acceptable because so many its assets are currently recorded in the Streets Fund. Current Achievement (2014): The estimated capital structure for Wastewater is 31% debt/69% equity; Stormwater does not have any debt at this time. Future Achievement: Wastewater projected capital structure peaks at 32% debt / 68% equity and ends at 23% debt / 77% equity in 2024. Stormwater projected capital structure varies with each rate increase scenario. Considering all scenarios, highest projected capital structure for Stormwater peaks at 64% debt / 36% equity and ends at 61% debt / 39% equity in 2024. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 2.6. CUMUI....AT VF C T IF IF SCA I.... C FS These fiscal policies reinforce each other and provide overlapping benefits. For example, the policy for rate -funded system reinvestment has multiple benefits: it helps build capital contingency reserves, contributes to the cash funding of capital projects, helps maintain a healthy capital structure, and contributes annual revenue towards debt service coverage. Rate -funded system reinvestment can also help mitigate rate spikes during periods of significant capital needs. Each policy helps determine how much revenue is appropriate, and satisfying them all generally reduces financial risk and increases financial stability. Exhibit 2-2 summarizes the recommended policies. Exhibit 2-2: Summar of Financial Policies G fi A*MMIPtl9P rr>�l�IIIIMMllflllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 411111111111111ffIMlllf iffiffi Minimum Operating Reserve Wastewater & Stormwater (days of O&M expense) Target Rate - Funded System Reinvestment 60 days 60 days 60 days 60 days 60 days 60 days 60 days Wastewater (% of Depreciation, net of Debt Principal) 100% 100% 100% 100% 100% 100% 100% Storm ($) $350,000 $350,000 $350,000 $350,000 $350,000 $350,000 $520,000 Target Capital Contingency Wastewater (% of utility plant original cost) 1% 1% 1% 1% 1% 1% 1% Storm ($) $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $520,000 Debt Service Coverage: Revenue Bonds 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Outstanding Debt as % of Net Book Value of Assets 60% 60% 60% 60% 60% 60% 60% 1 CS GROUP 0 iirn City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 2./. RFV EW IF:: H STC) R CAI.... If \JANC Al j'FRIF:ORMANCF Page 8 Part of the scope of work for this rate study was a review of historical financial performance for both stormwater and wastewater funds. 2.7.1.S ormwa er U Il l 11 y His Qlrilcal Financial Performance Exhibit 2-3 shows historical stormwater income statements for 2008 - 2013. Operating revenue saw a significant increase in 2009 as the annual rate was increased from $22 per year to $35 per year. Revenue has plateaued in recent years as the annual rate has not increased since 2011. Net operating income (which is operating revenue minus operating expense, including depreciation expense) was growing through 2011, but in the past two years it has declined to the 2009 level --$690,000 in 2013 compared with $680,000 in 2009. The stormwater utility has received operating grants and subsidies in each of the past six years, ranging from $75k to $260k. To the extent that a utility depends on an unreliable revenue source such as grants, the more it is exposed to revenue shortfalls in years that grants are unavailable. Exhibit 2-3: Stormwater Income Statement 2008 - 2013 Hifi i Operating Revenues Charges for Services Other Operating Revenues Total Operating Revenues Operating Expenditures Operations & Maintenances Administration/Overhead Taxes Depreciation/Amortization Other Benefits Total Operating Expenditures $ 1,065,308 $ 1,707,076 $ 1,975,814 $ 2,169,932 $ 2,183,484 $ 2,142,452 $ - $ - $ - $ - $ - $ - $ 1,065,308 $ 1,707,076 $ 1,975,814 $ 2,169,932 $ 2,183,484 $ 2,142,452 $ 445,802 $ 833,292 $ 995,251 $ 1,031,539 $ 1,012,617 $ 996,155 $ 94,288 $ 119,432 $ 147,504 $ 171,388 $ 180,208 $ 201,350 $ 42,764 $ 64,686 $ 81,025 $ 91,907 $ 217,599 $ 212,467 $ - $ 10,768 $ 15,840 $ 22,190 $ 37,465 $ 42,453 $ - $ - $ - $ - $ - $ $ 582,854 $ 1,028,178 $ 1,239,620 $ 1,317,024 $ 1,447,889 $ 1,452,425 Net Operating Income $ 482,454 $ 678,898 $ 736,194 $ 852,908 $ 735,595 $ 690,027 Non -Operating Revenuesl(Expenditures) Operating Grants & Subsidies $ 75,580 $ 108,682 $ 140,474 $ 256,948 $ 85,110 $ 59,318 Amortization of Bond Payment Discount $ $ $ $ $ $ Non -Operating Revenue Net of Expenses $ 75,580 $ 108,682 $ 140,474 $ 256,948 $ 85,110 $ 59,318 Income (Loss) Before Contributions & Transfers $ 558,034 $ 787,580 $ 876,668 $ 1,109,856 $ 820,705 $ 749,345 Capital Contributions $ 391,896 $ 9,600 $ 154,765 $ 435,106 $ 102,566 $ Transfers In $ $ $ $ $ $ 93,617 Transfers (Out) $ (42,395) $ (225,000) $ (240,000) $ (265,000) $ (238,308) $ (200,000) Change in Net Position $ 907,535 $ 572,180 $ 791,433 $ 1,279,962 $ 684,963 $ 642,962 Total Net Position January 1 $ - $ 907,535 $ 1,479,715 $ 2,271,148 $ 3,551,110 $ 4,236,073 Total Net Position December 31 $ 907,535 $ 1,479,715 $ 2,271,148 $ 3,551,110 $ 4,236,073 $ 4,879,035 ISto..0.➢ giro II 0 iOM City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 9 Exhibit 2-4 shows historical balance sheets for the stormwater utility from 2008 through 2013. Under Noncurrent Assets, Other Improvements have quadrupled since 2009. This is to be expected, since stormwater is a relatively new utility, and its fixed assets have been previously lumped together with street assets. Now as the stormwater utility completes portions of its capital improvement plan, the book value of the assets recorded in the stormwater fund should increase quickly. Exhibit 2-4: Stormwater Balance Sheet 2008 - 2013 Assets Current Assets Cash & Equity in Pooled Investments Accounts Receivables Other Receivables Due from Other Gov. Units Investments, at Amortized Cost Total Current Assets 1;911 �����mmmmm� $ 477,011 $ 562,740 $ 596,118 $ 471,582 $ 325,917 $ 499,565 $ 34,584 $ 85,472 $ 62,830 $ 59,120 $ 45,334 $ 37,808 $ $ $ $ - $ 72,398 $ - $ 25,550 $ $ 29,240 $ - $ 23,518 $ 30,142 $ $ 500,000 $ 1,000,000 $ 1,770,000 $ 2,100,964 $ 2,369,289 $ 537,145 $ 1,148,212 $ 1,688,188 $ 2,300,702 $ 2,568,131 $ 2,936,804 Noncurrent Assets Other Improvements $ 430,734 $ 440,334 $ 739,610 $ 1,317,770 $ 1,484,679 $ 1,785,988 Machinery & Equipment $ 11,879 $ 11,879 $ 22,839 $ 27,543 $ 27,543 $ 27,543 Accumulated Depreciation $ (9,517) $ (20,285) $ (36,125) $ (58,315) $ (95,780) $ (138,234) Construction in Progress $ 4,498 $ 27,346 $ 24,980 $ 109,020 $ 475,627 $ 384,095 Intangibles $ - $ - $ - $ - $ - $ Unamortized Debt Issue Costs $ - $ - $ - $ - $ - $ Total Noncurrent Assets $ 437,594 $ 459,274 $ 751,304 $ 1,396,018 $ 1,892,069 $ 2,059,392 Total Assets $ 974,739 $ 1,607,486 $ 2,439,492 $ 3,696,720 $ 4,460,200 $ 4,996,196 Liabilities Current Liabilities Warrants / Accounts Payable $ 12 $ 15,612 $ 31,560 $ 31,004 $ 108,205 $ 19,199 Wages/Benefits Payable $ 37,020 $ 53,614 $ 62,719 $ 56,548 $ 57,355 $ 55,879 Compensated Absences Payable $ 30,172 $ 58,545 $ 74,065 $ 58,058 $ 58,567 $ 42,083 Restricted Current Portion of Long-term Debt $ - $ - $ - $ - $ - $ - Total Current Liabilities $ 67,204 $ 127,771 $ 168,344 $ 145,610 $ 224,127 $ 117,161 Net Position Invested in Capital Assets, Net of Related Debt $ 437,594 $ 459,274 $ 751,304 $ 1,396,018 $ 1,892,069 $ 2,059,392 Restricted for Debt Service $ $ $ $ $ $ Unrestricted $ 469,941 $ 1,020,441 $ 1,519,844 $ 2,155,092 $ 2,344,004 $ 2,819,643 Total Net Position $ 907,535 $ 1,479,715 $ 2,271,148 $ 3,551,110 $ 4,236,073 $ 4,879,035 ISto..0.➢ g uro11Ill 001 City of Yakima 2014 Wastewater, Ilndustriiall Wastewater and Stormwater Rate Study -- DRAFT September 2014 2.7.2. Was ewa er U Il l 11 y His orical Financial Performance, Page 10 Exhibit 2-5 shows historical income statements for the wastewater utility for the years 2008 - 2013. The year 2011 saw a one-time decrease in operating revenues -about $1 million from the previous year, and $2 million from the trend line. This decrease is unexplained in the City's financial statements. However, the $456,000 prior period adjustment, also in 2011, was attributed to the City's conversion that year to a new utility billing system, and it is possible that much of the one-time drop in operating revenue was related to the same system conversion, particularly if there were a change in the way receivables are treated and revenue recorded. As a result of this drop in operating revenue, net operating income was reduced from $2.2 million in 2010 to only $377,000 in 2011. However, by 2012 the wastewater utility resumed the previous trend, to total operating revenue of $18.7 million and net operating income of $2.2 million. In 2013, operating revenue grew to $19.2 million, but because operating expenditures grew even faster than the revenue, net operating income declined to about $1.8 million. Exhibit 2-5: Wastewater Income Statement 2008 - 2013 it II lAtmtlialINI9F9mgli§(4% Operating Revenues Charges for Services Other Operating Revenues Total Operating Revenues Operating Expenditures 1iiiiiimmml1� $ 14,886,361 $ 15,933,456 $16,422,039 $ 15,452,634 $18,688,307 $ 19,145,010 $ 11,503 $ 7,690 $ 19,760 $ 13,541 $ 14,696 $ 8,486 $14,897,864 $15,941,146 $16,441,799 $15,466,175 $18,703,003 $19,153,496 Operations & Maintenances $ 6,485,338 $ 6,661,512 $ 6,903,965 $ 6,644,793 $ 6,469,911 $ 6,693,255 Administration/Overhead $ 1,325,347 $ 1,447,551 $ 1,468,340 $ 2,466,352 $ 2,546,975 $ 2,783,154 Taxes $ 2,595,019 $ 2,716,749 $ 2,862,802 $ 2,657,506 $ 4,265,854 $ 4,420,374 Depreciation/Amortization $ 2,776,932 $ 2,755,730 $ 3,026,976 $ 3,320,794 $ 3,227,625 $ 3,465,893 Other Benefits $ - $ - $ - $ - $ - $ - Total Operating Expenditures $13,182,636 $13,581,542 $14,262,083 $15,089,445 $16,510,365 $17,362,676 Net Operating Income $ 1,715,228 $ 2,359,604 $ 2,179,716 $ 376,730 $ 2,192,638 $ 1,790,820 Non -Operating Revenues (Expenditures) Operating Grants & Subsidies $ - $ - $ - $ - $ - $ - Interest Revenue $ 108,604 $ 36,153 $ 5,613 $ 2,989 $ 4,376 $ 2,118 Other Non -Operating Revenues $ 365,171 $ 24,491 $ 371,596 $ 365,828 $ 391,403 $ (35,487) Interest Expenses $ (922,168) $ (767,762) $ (697,078) $ (850,747) $ (650,067) $ (592,614) Amortization of Bond Payment Discount $ (25,519) $ (9,969) $ (9,969) $ (9,969) $ 17,585 $ 34,818 Gain (Loss) on Capital Assets Disposition $ 10,000 $ 2,500 $ 17,128 $ $ $ - Non -Operating Revenue Net of Expenses $ (463,912) $ (714,587) $ (312,710) $ (491,899) $ (236,703) $ (591,165) Income (Loss) Before Contributions & Transfers $ 1,251,316 $ 1,645,017 $ 1,867,006 $ (115,169) $ 1,955,935 $ 1,199,655 Capital Contributions $ 2,108,720 $ 778,613 $ 2,062,204 $ 786,289 $ 1,428,631 $ 880,488 Transfers In $ 32,939 $ 232,939 $ 232,939 $ 232,939 $ 232,939 $ 232,939 Transfers (Out) $ (757,170) $ (542,516) $ (42,516) $ (162,516) $ (45,210) $ (1,190,641) Change in Net Position $ 2,635,805 $ 2,114,053 $ 4,119,633 $ 741,543 $ 3,572,295 $ 1,122,441 Total Net Position January 1 Period Adjustments Total Net Position December 31 $52,562,140 $55,197,945 $57,311,998 $61,431,631 $61,716,906 $65,289,201 (456,268) - $55,197,945 $57,311,998 $61,431,631 $61,716,906 $65,289,201 $66,411,642 I CS CIR O Jr giro VIII City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 11 Exhibit 2-6 shows historical balance sheets for the wastewater utility from 2008 through 2013. This shows steady growth in the amount of fixed assets (or "noncurrent assets"), from $73 million in 2008 to $88 million in 2013. The "net position" is equivalent to "equity" in a private sector balance sheet; it represents the difference between total assets and total liabilities. For the City wastewater utility, the net position increased from $55 million to $66 million over the 2008 to 2013 time period; this represents a 20% increase over the six year period (approximately 3% simple annual average). Exhibit 2-6: Wastewater Balance Sheet 2008 - 2013 ifrtfIlf #1 Assets Current Assets Cash & Equity in Pooled Investments Accounts Receivables Other Receivables Inventories Due from Other Governmental Units Investments, at Amortized Cost Total Current Assets 13919 1111111111mml1111111 13911 1,11111111mmmmm 1391? 1111111111mml111111 fi $ 5,934,625 $ 1,706,504 $ 1,980,138 $ 2,208,140 $ 1,393,681 $ 1,169,084 $ 1,587,609 $ 1,253,168 $ 1,503,384 $ 717,103 $ 1,242,618 $ 904,666 $ 7,500 $ 7,500 $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 12,081 $ - $ - $ - $ - $ - $ $ - $ - $ - $ 55,131 $ - $ 5,007,244 $ 8,506,248 $ 9,005,167 $ 8,384,000 $ 9,312,042 $ 5,628,793 $ 12,549,059 $ 11,473,420 $ 12,491,689 $ 11,312,243 $ 12,006,472 $ 7,705,543 Noncurrent Assets Restricted Cash $ 1,965,858 $ 1,969,220 $ 1,972,583 $ 549,569 $ 581,834 $ 619,479 Restricted Investments $ $ - $ $ 1,425,000 $ 776,294 $ 740,267 Land $ 583,270 $ 583,270 $ 583,270 $ 583,270 $ 583,270 $ 583,270 Buildings $ 54,343,132 $ 66,439,113 $ 66,428,118 $ 66,500,454 $ 66,500,454 $ 66,500,454 Other Improvements $ 40,582,134 $ 45,118,296 $ 46,491,764 $ 47,209,321 $ 47,578,535 $ 48,835,279 Machinery & Equipment $ 5,664,966 $ 10,748,850 $ 15,888,613 $ 16,075,811 $ 20,034,174 $ 20,216,027 Accumulated Depreciation $ (54,881,097) $ (57,636,828) $ (60,587,519) $ (63,908,313) $ (67,135,939) $ (70,601,831) Construction in Progress $ 24,865,746 $ 7,077,061 $ 4,749,142 $ 6,714,601 $ 10,459,226 $ 20,989,626 Intangibles $ $ - $ $ - $ $ - Unamortized Debt Issue Costs $ 133,834 $ 122,479 $ 111,125 $ 99,770 $ 142,802 $ 129,105 Total Noncurrent Assets $ 73,257,843 $ 74,421,461 $ 75,637,096 $ 75,249,483 $ 79,520,650 $ 88,011,676 Total Assets $ 85,806,902 $ 85,894,881 $ 88,128,785 $ 86,561,726 $ 91,527,122 $ 95,717,219 Liabilities Current Liabilities Warrants / Accounts Payable $ 410,023 $ 368,290 $ 297,957 $ 543,045 $ 1,253,958 $ 1,123,011 Wages/Benefits Payable $ 425,020 $ 431,686 $ 464,380 $ 456,939 $ 472,853 $ 445,256 Compensated Absences Payable $ 580,048 $ 588,176 $ 610,983 $ 653,183 $ 694,135 $ 609,723 Claims & Judgments Payable $ $ $ $ $ $ 390,491 Accrued Payable $ 176,443 $ 166,778 $ 157,764 $ 144,466 $ 108,392 $ 119,040 Deposits Payable $ 4,500 $ 4,500 $ 189,323 $ 243,114 $ 256,435 $ 271,750 Interfund Payable $ - $ - $ - $ $ - Current Portion of Long-term Debt $ 770,695 $ 764,246 $ 771,455 $ 771,455 $ 709,724 $ 1,068,832 Restricted Current Portion of Long-term Debt $ 1,339,988 $ 1,383,750 $ 1,436,688 $ 990,000 $ 1,030,000 $ 1,080,000 Total Current Liabilities $ 3,706,717 $ 3,707,426 $ 3,928,550 $ 3,802,202 $ 4,525,497 $ 5,108,103 Noncurrent Liabilities Bonds Payable $ Unamortized Bond Discount/Premium $ Deferred Amount on Debt Refunding $ Loans Payable - Long Term $ Total Noncurrent Liabilities $ Total Liabilities $ 19,580,437 $ 18,196,687 $ 16,760,000 $ 15,770,000 $ 13,940,000 $ 12,860,000 444,873 $ 404,458 $ 364,043 $ 323,627 $ 1,061,178 $ 960,219 (117,087) $ (78,058) $ (39,029) $ - $ (576,883) $ (524,439) 6,994,017 $ 6,352,370 $ 5,683,590 $ 4,948,991 $ 7,288,126 $ 10,901,694 26,902,240 $ 24,875,457 $ 22,768,604 $ 21,042,618 $ 21,712,421 $ 24,197,474 30,608,957 $ 28,582,883 $ 26,697,154 $ 24,844,820 $ 26,237,918 $ 29,305,577 Net Position Invested in Capital Assets, Net of Related Debt $ 51,069,488 $ 50,575,420 $ 51,115,002 $ 52,161,375 $ 55,661,985 $ 60,441,584 Restricted for Debt Service $ 1,965,858 $ 1,969,220 $ 1,972,583 $ 1,974,569 $ 1,358,128 $ 1,359,746 Unrestricted $ 2,162,599 $ 4,767,358 $ 8,344,046 $ 7,580,962 $ 8,269,091 $ 4,610,312 Total Net Position $ 55,197,945 $ 57,311,998 $ 61,431,631 $ 61,716,906 $ 65,289,204 $ 66,411,642 ISto..0.➢ g uro11Ill 001 City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 12 SECT 0 \l 3: STu DY AssuM PT \S 3.1. GFNFRAI.... IF=:QRFCAST ASSUM DT ONS The following major assumptions were used in the Wastewater and/or Stormwater rate forecast: General Cost Inflation: assumed to be 2.50% per year based on historical data from the Consumer Price Index Urban Consumers-Seattle/Tacoma / Bremerton (CPI -U) Construction Cost Inflation: assumed to be 3.50% per year based on historical data from the ENR Construction Cost Index (CCI) -20 City Average index Personnel Cost Inflation: Confirmed by City staff 4 Labor Cost Inflation: assumed to be 2.00% per year 4 Benefits Cost Inflation: assumed to be 5.50% per year Fund Earnings: 0.08% based on the current Local Government Investment Pool (LGIP) rate, phased into 0.25% by 2016; conservatively remains at 0.25% through 2024. Customer Growth: 4 Stormwater: 0.50% annual customer growth. Results in 130-140 additional parcels per year (or 260 — 270 ERUs) throughout study period. This assumption is based on the "Low" scenario from the Washington State Growth Management Population Projections for Yakima County. We reviewed and confirmed this assumption with City staff. 4 Wastewater: 0.50% annual customer account growth based on three years of customer account history. We assumed negative growth in sewage volume, with a reduction of 0.50% per year based on recent declines in overall usage. Net revenue growth assuming existing rates is approximately neutral. Revenue Bond Terms: 20 year maturity, 4.75% interest, 1% issuance cost, and 2.0 policy target coverage. Interest rate assumption is based upon relevant Bond Buyer Indices. City Utility Taxes: wastewater at 20%; stormwater at 6% State Taxes: 4 Excise Tax: excise tax on wastewater collection revenue is 3.852%, while B&O tax on wastewater treatment revenue is 1.5%. The effective rate after allocating functions between collection and treatment is approximately 2%. 4 State B&O Tax (for stormwater): 1.50% I S G . 0 uro111 0 1111 City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 13 SECT 0 \l 4: STORMWAT ER UT TY Section 4 focuses on the stormwater utility, while Section 5 deals with the wastewater utility. 4.1. SUMMARY The stormwater utility forecast has several key assumptions and policy questions: Customer Data Corrections: 4 There is a change in the calculation of equivalent residential units (ERUs) for non -single family parcels. Currently, the billing system rounds ERUs only downward to whole numbers, so that a parcel with 2.89 ERUs is only billed for 2.0 ERUs. In our forecast, we are assuming that ERUs are rounded either up or down to the nearest one-tenth, so that a parcel with 2.89 ERUs is billed for 2.9 ERUs. 4 We are also assuming the reclassification of 197 parcels previously shown as residential in the billing system but which are really non-residential. Changes to Revenues and Expenditures: 4 Several one-time expenditures in the 2014 budget will drop off in 2015, including a $242,000 final payment to the Wastewater Fund to retire an interfund loan associated with the formation of the stormwater utility. 4 Stormwater-related debt service previous paid by Wastewater is assumed to be shifted to the Stormwater fund from 2015 forward. 4 Additional engineering staffing is needed in order to implement the stormwater capital program. Capital Program Funding and Rate Strategies: 4 Annual rate revenues are currently about $2.2 million per year; however, the capital improvement program by itself—even without any O&M costs—is about $2.5 million per year. In order to carry out this capital program, there clearly will be a need for additional revenues. 4 We present three alternative strategies for rate increases: • Scenario 1: Smoothed annual rate increases; high levels of debt required. • Scenario 2: "Right size" initial increase, with inflationary increases afterwards; limited debt required. • Scenario 3: Larger "right size" initial increase so that no debt is required during forecast period; inflation -based increases afterwards. 4 We recommend Scenario 2 because it leads to the lowest rates over the ten-year period of the forecast. Yakima's current rates are extremely low relative to other stormwater utilities. Even after a large increase in 2015, Yakima's rates will be in the middle of the comparison group, and it will put the utility in a position to need only 2.5% annual increases thereafter, with modest levels of debt. CS GROU.P III" wlw' uro111 0 1111 City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 14 4.2. CUSTOMER DATA CORRFCT ONS We performed a detailed review of the City's customer data, including testing the reported revenue by applying the previous year's rates to the raw customer billing data. This test is called a "priceout." The revenue resulting from this calculation should approximately equal the amount of revenue actually collected in the historical year. In the City's case, 2013 customer data was used. The overall result of the priceout was positive. The underlying customer data and billing rates combined to produce a revenue total that closely matched the actual revenue collected. However, as a result of this exercise, a couple of key findings should be noted. The first finding has to do with how the non - single family ERU is calculated. The second finding involves the reclassification of 197 parcels that were being charged as residential but are really non-residential. 4.2.1. Cnange FRU Calculaiicon Mei nodology To calculate the total ERUs currently billed to non -single family parcels, the billing system divides the impervious square footage within a parcel by 3,600 square feet (one ERU equals 3,600 square feet per the Yakima Municipal Code 7.80.030 [9]). Then the billing system rounds the calculated ERU down to the next -lowest whole number. For example, consider a parcel with 14,000 square feet. Before rounding down, the calculation would yield 3.89 ERUs. However, this number is currently being rounded down to 3.00 ERUs when the bill is sent out. Our recommendation is that the ERU calculation be rounded to the nearest 1/10"' (either up or down) instead of universally rounding down to the whole number. In this example, the 3.89 would be rounded up to 3.90 ERUs, which means that an additional 0.9 ERUs would be billed compared to the current methodology. When applying the revised methodology to the entire stormwater database, roughly 1,500 ERUs would be added to the existing total. This change would generate nearly $65,000 in annual revenues without incorporating any rate increases above the current $43 per year per ERU. This calculation change was discussed with utility staff. They confirmed with both customer billing and legal representatives that this new rounding methodology could be implemented. These additional ERUs and revenues are included within our baseline revenue projections. 4.2.2. Reclassiifiicaiicon of Resiideniiial io Non--Resiideniiial While performing the priceout test, we found 380 parcels that were being charged as if they were residential, but based on the parcel description it was possible that they were really non-residential. For example, parcel descriptions that were being charged as residential included some of the following: "Trans -Parking", "Service -Governmental", "Service -Repair", "Service — Business", "Retail — Other", "Retail — Food", etc. A City stormwater engineer researched each of these parcels and found that of the 380 parcels, 197 of them should be reclassified and be charged as non- residential. The impact of these reclassifications was implemented into the revenue projections. These changes will also be made within the customer billing database before bills are sent out in February of 2015. In total, this correction added over 60 ERUs to the database. Although the revenue impact is relatively small, these 197 customers will be charged more equitably, which is an important goal in the ratemaking process. I S t I R0 .➢ III" wlw' uro11I10 0 iirn City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 15 4.3. CHANGES TO REVENUES & FX TURFS The following subsections summarize the most significant cost savings and cost increases that are unrelated to inflation. 4.3.1. Fu ure Savings In Annual Cos s There are several expenditures in the 2014 budget that are not expected to continue on an annual basis beyond 2014. These include one-time expenditures such as the Stormwater Rate Study and Stormwater and Wastewater System Study. In addition to these, the stormwater utility in 2014 is projected to make its final repayment to the wastewater utility for an interfund loan that was made from wastewater to stormwater in 2007 and 2008, when the stormwater utility was being formed. In total, these non-recurring expenditures totaled over $350,000. 4.3.2. Fu ure Increases In Annual Cos s Partially offsetting these savings are some increases to the stormwater utility's annual costs. Personnel: We are assuming that in 2015, an additional engineering FTE will need to be added to the stormwater utility with a combined salary and benefit cost of $100,000. City staff agrees that this type of position would be needed to aid in the planning and implementation of the stormwater capital program, since the number of stormwater capital projects to manage is projected to be higher than in the past. Debt Service on Railroad Grade Project: There is a general obligation loan that is related to Project 1818 (the stormwater portion of the Railroad Grade Separation project) with annual debt service payments of $84,300, for which debt service is currently being paid by the wastewater fund. This loan originated before the stormwater system was a standalone utility, and debt service for it is currently being paid by the wastewater fund. We recommend that these loan payments now be paid by the stormwater utility starting in 2015 Annual cost savings from non-recurring expenditures total $350,000, whereas these future cost increases total $184,000. As a result, the forecast shows about $166,000 net savings in annual costs when comparing 2015 to 2014. 4.4. CA TA I.... DROGRAM If=='UND NG AND BATF S1RA1FG FS 4.4.1.Overview of Scenarios The major driver of rate increases for the stormwater utility is an increase in the scale of the capital program. According to stormwater planning documents and City staff, an increased pace of capital investment is needed to make progress on a backlog of high priority projects. In the scaled -up capital program, average annual capital spending is expected to be nearly $2.5 million per year. To put this in perspective, consider that the annual rate revenues of the entire utility are currently only $2.2 million. Increases in rate revenue will clearly be needed in order to meet this deferred capital liability, in addition to operating and maintaining the system. There is a range of ways to pay for this level of capital spending. At one end of the spectrum, the City could borrow the needed capital dollars and then raise rates over time to pay debt service. At the other end of the spectrum, the City could increase rates high enough to cash -fund the entire capital program. This would involve a significant upfront rate increase in 2015 but would avoid the use of debt. The City could also adopt a middle-of-the-road option that combines a modest amount of debt with a significant one-time rate increase in 2015 and inflation -based increases thereafter. 1 CS t oo...O .➢ P III" wlw' 0 1111 City of Yakima 2014 Wastewater, Industrial Wastewater and Stormwater Rate Study - DRAFT September 2014 Considering this conceptual range, we developed three scenarios: • Scenario 1: Smoothed rate increases • Scenario 2: "Right Size" initial increase, inflation -based increases afterwards • Scenario 3: "Right Size" larger initial increase so no debt funding; inflation -based increases afterwards Page 16 The following two exhibits highlight the rate impacts of each of these scenarios. The following subsections give a detailed discussion of each scenario. Scenario 2 is the recommended scenario because: • It is not as steep an increase as Scenario 3. • Compared with Scenario 1, Scenario 2 ends up with lower monthly rate by 2024, the final year of the forecast horizon. • Compared with Scenario 1, Scenario 2 uses more cash financing and less debt funding for the capital program. Exhibit 4-1: Monthl Stormwater Char e b Scenario Stormwater Scena 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Scenario 1: Rate Smoothing $ 3.58 $ 3.91 $ 4.26 $ 4.64 $ 5.06 $ 5.51 $ 6.01 $ 6.55 $ 7.14 $ 7.78 $ 8.48 Scenario 2: "Right - Size" $ 3.58 $ 5.55 $ 5.69 $ 5.84 $ 5.98 $ 6.13 $ 6.28 $ 6.44 $ 6.60 $ 6.77 $ 6.94 Scenario 3: "Right - Size"; No Debt $ 3.58 $7.39 $7.58 $7.76 $7.96 $8.16 $8.36 $8.57 $8.79 $9.00 $9.23 Exhibit 4-2: Graph of Monthly Stormwater Charge & Debt Service by Scenario $10.00 $9.00 $8.00 $7.00 $6.00 $5.00 $4.00 $3.00 - $3.58 $2.00 - $1.00 - Monthly Rates & Debt Service $- $9.23 Scenario 1: Annual Debt Service Scenario 2: Annual Debt Service Scenario 1: Rate Smoothing Scenario 2: "Right - Size" ,Scenario 3: "Right - Size"; No Debt $8.48 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 4.4.2.Current Stormwater Rate in Context Exhibit 4-3 shows the results of a survey of existing stormwater rates for single-family parcels across the state of Washington. Cities in western Washington have generally higher stormwater rates than those east of the Cascades, but even among eastern Washington cities, the Yakima rate is the lowest. Even if, for example, the City's stormwater rate were to increase by 50% (to $5.37 per month), the resulting charge would still be well within the average range for eastern Washington cities. If the Yakima rate were doubled, the City would be approximately at the top end of the eastern Washington group and the lower end of the western Washington group, but it would not be an outlier. •FCS GROUP DRAFT www.fcsgroup.com City of Yakima 2014 Wastewater, Industrial Wastewater and Stormwater Rate Study - DRAFT September 2014 Page 17 In summary, there is room to significantly increase the charge without putting the City out of line with other comparable stormwater utilities. Exhibit 4-4 shows recent stormwater rate history, since 2008. There was a large increase in 2009 and more moderate increases the following two years. The rate has not been increased since 2011. Exhibit 4-3: Jurisdictional Rate Surve Exhibit 4-4: Yakima's Stormwater Rate History • • # Jurisdiction Monthly Rate Capital Funding Strategy $22 Annual $as $40 Stormwater Rate $aa 2024 Capital Expenditures (Escalated Dollars) 1So(2014) $3.58 $ 1,190,250 2 Spokane- 2 $3.84 $ 3,437,025 3 Richland $3.85 $ 2,494,141 4 Pasco $4.40 Capital Funding Strategy: 5 West Richland $4.90 6 Moses Lake $5.30 7 Centralia $6.00 8 Ellensburg $6.06 Beginning Fund Balance 9 Wenatchee $6.09 - $ 1,887,281 10 Ridgefield $6.50 $ 668,855 11 Walla Walla $6.90 $ 612,215 12 Pullman $7.00 plus: Grants / Outside Sources 13 Vancouver $7.83 - 14 Sunnyside $8.28 - 15 Mukilteo $8.32 - 16 Tumwater $8.41 plus: Annual Capital Charge Revenue 17 Bellingham $8.98 - 2008 2009 2010 2011 2012 2013 2014 - 18 Camas $9.71 - 19 Marysville $10.82 plus: Rate Funded System Reinvestment 350,000 20 Renton $12.69 350,000 21 Washougal $13.75 350,000 22 Kenmore $13.95 524,231 23 Bonney Lake $14.00 820,459 24 Auburn $18.78 315,516 4.5. RATE INCREASE SCENARIOS 4.5.1.Scenario 1: Smooth Rate Increases This scenario assumes an equal percentage increase each year throughout the forecast horizon. Exhibit 4-5 shows that this scenario would require annual increases of 9% per year for the next ten years. The monthly rate in 2024 would be $8.48. Exhibit 4-5: Scenario 1 - Rate Impacts Scenario 1: Smooth Rate Increases 2021 2022 2023 2024 Monthly Rate ($) Annual Rate Increase $ 3.58 $ 3.91 $ 4.26 $ 4.64 $ 5.06 $ 5.51 $ 6.01 $ 6.55 $ 7.14 $ 7.78 $ 8.48 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% Exhibit 4-6 summarizes the capital funding strategy for Scenario 1. Out of the three scenarios, Scenario 1 requires the most debt. There is no large upfront rate increase, so compared to the other two scenarios, not as much cash is generated on an annual basis to help cash -fund capital projects. Exhibit 4-6: Scenario 1 - Ca s ital Fundin• Strate• Capital Funding Strategy ME 2016 2017 2018 2019 2024 Capital Expenditures (Escalated Dollars) $ 739,000 $ 1,190,250 $ 2,249,573 $ 3,437,025 $ 3,098,312 $ 2,494,141 $ 2,962,257 Capital Funding Strategy: Beginning Fund Balance $ 1,360,734 $ 1,887,281 $ 1,335,730 $ 668,855 $ 615,003 $ 612,215 $ 1,248,525 plus: Grants / Outside Sources 94,000 - - - - - - plus: Annual Capital Charge Revenue - - - - - - - plus: Rate Funded System Reinvestment 350,000 350,000 350,000 350,000 350,000 350,000 524,231 plus: Transfer of Surplus from Operating Fund 820,459 285,868 315,516 263,330 260,677 331,553 961,983 plus: Interest Earnings 1,089 2,831 3,339 1,672 1,538 1,531 3,121 plus: Net Debt Proceeds Available for Projects - - 913,842 2,768,170 2,483,310 1,881,926 1,713,732 Total Capital Resources $ 2,626,281 $ 2,525,980 $ 2,918,428 $ 4,052,028 $ 3,710,527 $ 3,177,225 $ 4,451,593 less: Capital Expenditures 739,000 1,190,250 2,249,573 3,437,025 3,098,312 2,494,141 2,962,257 Ending Fund Balance $ 1,887,281 $ 1,335,730 $ 668,855 $ 615,003 $ 612,215 $ 683,083 $ 1,489,335 •FCS GROUP DRAFT www.fcsgroup.com City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 18 Under Scenario 1, approximately 37% of the capital revenue is cash -funded while 63% comes from debt. Cash -funded capital is the combination of planned rate -funded system reinvestment, the transfer of operating reserves when those reserves are above the target maximum, and interest earnings on cash balances. The average annual amount of cash funded capital is roughly $900,000. In this scenario, the level of cash funding that comes from excess operating reserves plays a significant role because of the City's conservative debt coverage requirement of 2.0. When annual rate increases are driven by the 2.0 coverage requirement, it generates a substantial amount of cash each year that can be used to cash -fund capital. Exhibit 4-7 shows the annual financial forecast for Scenario 1. The annual financial forecast incorporates the results of the capital funding strategy as well as information about operating costs, existing debt service, required reserves, beginning fund balances, and non -rate revenues -all for the purpose of generating the rate revenue requirement. The upper part of the table shows what revenues and expenses would be without any rate increase. This leads to a growing cash deficiency in future years. The shaded middle section of the table shows what rate increases would be needed in order to remedy that deficiency -each year's percentage increase and the cumulative percentage increase since 2014. Finally, the lower part of the table tests whether the financial policy targets would be achieved after the revenue increase. Exhibit 4-7: Scenario 1- Annual Financial Forecast t 1111111 Assuming Existing Rates: Revenue Rate Revenues Non -Rate Revenues Total Revenue Expenses Cash Operating Expenses Existing Debt Service New Debt Service Rate -Funded System Reinvestment Additions to Operating Reserve Total Expenses ,iiiiii111111111120111giiiii1111111110018,iiiiii1111111110019,iiiiiil P;4111111111111 $ 2,159,866 $ 2,236,966 $ 2,248,151 $ 2,259,391 $ 2,270,688 $ 2,282,042 16,171 15, 732 16, 091 16, 314 16, 943 17, 508 $ 2,176,036 $ 2,252,698 $ 2,264,242 $ 2,275,705 $ 2,287,631 $ 2,299,550 $ 1,980,434 $ 1,770,513 $ 1,816,668 $ 1,864,355 $ 1,913,637 $ 1,964,578 84,306 84,306 84,306 84,306 84,306 78,757 317,323 531,339 693,527 350,000 350,000 350,000 350,000 350,000 350,000 $ 2,330,434 $ 2,204,819 $ 2,329,731 $ 2,615,984 $ 2,879,282 $ 3,092,411 Cash Surplus / (Deficiency) $ (154,398) $ 47,879 $ (65,489) $ (340,279) $ (591,651) $ (792,862) $ 2,339,666 16348 $ 2,356,014 $ 2,246,669 84,306 1,484,700 524,231 $ 4,339,906 $ (1,983,893) Annual Rate Adjustment 9.00% 9.00% 9.00% 9.00% 9.00% Cumulative Annual Rate Adjustment 9.00% 18.81% 29.50% 41.16% 53.86% 9.00% 136.74% Annual Rate per ERU Monthly Rate per ERU After Rate Increases: Rate Revenues Net Cash Flow Debt Service Coverage - Revenue Bonds Debt Service Coverage - All Debt $43.00 $46.87 $51.09 $55.69 $60.70 $66.16 $3.58 $3.91 $4.26 $4.64 $5.06 $5.51 $ 2,159,866 $ 2,438,293 $ 2,671,028 $ 2,925,977 $ 3,205,262 $ 3,511,204 (154,400) 234,100 325,700 276,300 272,800 344,100 n/a n/a 10.69 3.24 2.33 2.12 n/a 7.96 5.16 2.56 2.01 1.89 $101.80 $8.48 $ 5,538,840 975,300 2.07 1.96 ��f11/f���lll�li��rl�fl�rr%rr�����llllllllllllllll ,,, Operating Reserve Capital Reserve Debt Reserve Total $ 488,326 $ 436,565 $ 446,722 $ 459,704 $ 471,856 $ 484,416 1,887,281 1,335,730 668,855 615,003 612,215 683,083 78.757 317.323 531.339 693.527 $ 2,375,607 $ 1,772,295 $ 1,194,334 $ 1,392,029 $ 1,615,410 $ 1,861,027 Operating Reserve (Days of O&M Expense) 90 days 90 days 90 days 90 days 90 days 90 days Target Capital Contingency $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 Capital Contingency Deficit (if any) $ - $ - $ - $ - $ - $ - Capital Structure: % Debt Capital Structure: % Equity 38% 24% 31% 51% 60% 62% 62% 76% 69% 49% 40% 38% $ 552,460 1,489,335 1484700 $ 3,526,495 90 days $ 524,231 $ - 61%u 39% In Scenario 1, 9% annual rate increases would be needed, mainly due to new debt service from the capital program. I S t I R0 .➢ III" wlw' 001 City of Yakima 2014 Wastewater, Industrial Wastewater and Stormwater Rate Study - DRAFT September 2014 Page 19 Exhibit 4-8 shows the annual financial forecast in graphic form. The green segment of each column represents new debt, which grows from $0 in 2014 to $1.48 million in 2024. Exhibit 4-8: Scenario 1- Forecast Graph $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 Stormwater Revenue Requirement Additional Revenue for Debt Coverage Additions to Reserves Rate -Funded System Reinvestment New Debt Service Existing Debt Service Cash Operating Expenses -Revenues Under Existing Rates 1 111 lilli11111 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 4.5.2. Scenario 2: Right -Size Increase (Recommended) This scenario assumes a large initial rate increase in 2015, followed by inflation -based increases in subsequent years. The large initial rate increase was set so that the calculated coverage ratio remained at or above 2.0 throughout the study period while incorporating inflation -based increases in the years 2016-2024. Exhibit 4-9 shows the monthly rate impacts as well as the annual rate increases that would be needed. The initial rate increase in 2015 would be 55%, or $1.97 per month. By 2024, the monthly rate would be $6.94 per month, which is $1.54 less than the Scenario 1 rate in 2024. Exhibit 4-9: Scenario 2 - Rate Im s acts Monthly Rate ($) Annual Rate Increase $ 3.58 $ 5.55 $ 5.69 $ 5.84 $ 5.98 $ 6.13 $ 6.28 $ 6.44 $ 6.60 $ 6.77 $ 6.94 55.0% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% Exhibit 4-10 summarizes the capital funding strategy required under Scenario 2. This scenario does include debt, but it relies more on cash financing and less on debt financing than Scenario 1. Exhibit 4-10: Scenario 2 - Ca s ital Fundin • Strate _• • Capital Funding Strategy 2014 2015 2016 2017 2018 2019 2024 Capital Expenditures (Escalated Dollars) $ 739,000 $ 1,190,250 $ 2,249,573 $ 3,437,025 $ 3,098,312 $ 2,494,141 $ 2,962,257 Capital Funding Strategy: Beginning Fund Balance $ 1,360,734 $ 1,887,281 $ 2,287,559 $ 1,621,145 $ 1,474,881 $ 1,389,953 $ 1,082,209 plus: Grants / Outside Sources 94,000 - - - - - - plus: Annual Capital Charge Revenue - - - - - - - plus: Rate Funded System Reinvestment 350,000 350,000 350,000 350,000 350,000 350,000 524,231 plus: Transfer of Surplus from Operating Fund 820,459 1,237,697 1,227,440 1,120,828 1,036,265 996,602 457,142 plus: Interest Earnings 1,089 2,831 5,719 4,053 3,687 3,475 2,706 plus: Net Debt Proceeds Available for Projects - - - 1,815,880 1,623,431 1,104,189 1,880,049 Total Capital Resources $ 2,626,281 $ 3,477,809 $ 3,870,718 $ 4,911,907 $ 4,488, 265 $ 3,844,218 $ 3,946,336 less: Capital Expenditures 739,000 1,190,250 2,249,573 3,437,025 3,098,312 2,494,141 2,962,257 Ending Fund Balance $ 1,887,281 $ 2,287,559 $ 1,621,145 $ 1,474,881 $ 1,389,953 $ 1,350,077 $ 984,078 •FCS GROUP DRAFT www.fcsgroup.com City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 20 Under Scenario 2, approximately 54% of the capital revenue is cash -funded while 45% is debt. The large initial rate increase in 2015 creates a level of rates that is sufficient to cash fund over $1.3 million of capital each year. Exhibit 4-11 shows the annual financial forecast for Scenario 2, including the impact of the capital funding strategy. The initial rate increase would be 55%, after which rates would increase by 2.5% per year. New debt service would start at $155,000 in 2017 and grow to $1.04 million by 2024. Exhibit 4-11: Scenario 2 - Annual Financial Forecast Assuming Existing Rates: Revenue Rate Revenues Non -Rate Revenues Total Revenue Expenses Cash Operating Expenses Existing Debt Service New Debt Service Rate -Funded System Reinvestment Additions to Operating Reserve Total Expenses ,iiiiii11111111112011giiiii1111111110018,iiiiii1111111110019,iiiiiil P;4111111111111 $ 2,159,866 $ 2,236,966 $ 2,248,151 $ 2,259,391 $ 2,270,688 $ 2,282,042 16,171 15,732 16,091 16,117 16,541 16,921 $ 2,176,036 $ 2,252,698 $ 2,264,242 $ 2,275,508 $ 2,287,229 $ 2,298,962 $ 1,980,434 $ 1,770,513 $ 1,816,668 $ 1,864,355 $ 1,913,637 $ 1,964,578 84,306 84,306 84,306 84,306 84,306 156,496 296,406 391,567 350,000 350,000 350,000 350,000 350,000 350,000 $ 2,330,434 $ 2,204,819 $ 2,250,974 $ 2,455,157 $ 2,644,349 $ 2,790,451 Cash Surplus / (Deficiency) $ (154,398) $ 47,879 $ 13,268 $ (179,649) $ (357,121) $ (491,489) $ 2,339,666 16,348 $ 2,356,014 $ 2,246,669 84,306 1,055,420 524,231 $ 3,910,626 $ (1,554,612) Annual Rate Adjustment 55.00% 2.50% 2.50% 2.50% 2.50% Cumulative Annual Rate Adjustment 55.00% 58.88% 62.85% 66.92% 71.09% 2.50% 93.57% Annual Rate per ERU Monthly Rate per ERU After Rate Increases: Rate Revenues Net Cash Flow Debt Service Coverage - Revenue Bonds Debt Service Coverage - All Debt $43.00 $66.65 $68.32 $70.02 $71.77 $73.57 $3.58 $5.55 $5.69 $5.84 $5.98 $6.13 $ 2,159,866 $ 3,467,297 $ 3,571,749 $ 3,679,348 $ 3,790,188 $ 3,904,368 (154,400) 1,185,900 1,237,600 1,133,800 1,048,400 1,009,200 n/a n/a n/a 11.05 6.01 4.70 n/a 19.25 19.90 7.18 4.68 3.86 $83.24 $6.94 $ 4,528,980 470,500 2.02 1.88 f��1+0i ffi� 111 1i �����iiiii11111� ' ����iiiiiiii11111110 ����iiiiii111111120 ���M ��rr i Operating Reserve Capital Reserve Debt Reserve Total $ 488,326 $ 436,565 $ 446,722 $ 459,704 $ 471,856 $ 484,416 1,887,281 2,287,559 1,621,145 1,474,881 1,389,953 1,350,077 156,496 296,406 391,567 $ 2,375,607 $ 2,724,124 $ 2,067,867 $ 2,091,081 $ 2,158,215 $ 2,226,061 Operating Reserve (Days of O&M Expense) 90 days 90 days 90 days 90 days 90 days 90 days Target Capital Contingency $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 Capital Contingency Deficit (if any) $ - $ - $ - $ - $ - $ - Capital Structure: % Debt Capital Structure: % Equity 38% 24% 14% 30% 36% 37% 62% 76% 86% 70% 64% 63% $ 552,460 984,078 1,055,420 $ 2,591,958 90 days $ 524,231 $ - 45% 55% ISto..0.➢ 001 City of Yakima 2014 Wastewater, Industrial Wastewater and Stormwater Rate Study - DRAFT September 2014 Page 21 Exhibit 4-12 presents the annual financial forecast in graphic form. The "Additions to Reserves" (the orange segments) represents cash that is purposely generated to help cash -fund the capital program. Exhibit 4-12: Scenario 2 — Forecast Graph $5,000,000 $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 — INN ■ Stormwater Revenue Requirement ■ Additional Revenue for Debt Coverage Additions to Reserves Rate -Funded System Reinvestment New Debt Service Existing Debt Service Cash Operating Expenses Revenues Under Existing Rates Revenues After Rate Increases I 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 4.5.3. Scenario 3: No Debt This scenario was designed to allow the capital plan to be entirely cash -financed, with no debt. Once again, there would be a large initial rate increase in 2015 followed by inflationary increases in 2016- 2024, but the initial increase would be large enough to avoid debt during the forecast period. Exhibit 4-13 shows the monthly rate impacts as well as the percentage rate increases that would be required. The monthly rate in 2024 would be $9.22 per month, which is $2.28 higher than Scenario 2 and $0.74 higher than Scenario 1. Exhibit 4-13: Scenario 3 - Rate Im s acts Monthly Rate ($) Annual Rate Increase $ 3.58 $ 7.39 $ 7.58 $ 7.76 $ 7.96 $ 8.16 $ 8.36 $ 8.57 $ 8.79 $ 9.00 $ 9.23 106.25% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% Exhibit 4-14 summarizes the capital funding strategy assumed under Scenario 3 annual rate increases. Under Scenario 3, 100% of the CIP is cash funded. Exhibit 4-14: Scenario 3 — Ca s ital Fundin • Strate • Capital Funding Strat- . 2014 2015 2016 2017 2018 2019 2024 Capital Expenditures (Escalated Dollars) $ 739,000 $ 1,190,250 $ 2,249,573 $ 3,437,025 $ 3,098,312 $ 2,494,141 $ 2,962,257 Capital Funding Strategy: Beginning Fund Balance $ 1,360,734 $ 1,887,281 $ 3,348,021 $ 3,776,666 $ 3,101,724 $ 2,852,663 $ 5,134,100 plus: Grants / Outside Sources 94,000 - - - - - - plus: Annual Capital Charge Revenue - - - - - - - plus: Rate Funded System Reinvestment 350,000 350,000 350,000 350,000 350,000 350,000 524,231 plus: Transfer of Surplus from Operating Fund 820,459 2,298,159 2,319,848 2,402,641 2,491,497 2,581,567 2,897,736 plus: Interest Earnings 1,089 2,831 8,370 9,442 7,754 7,132 12,835 plus: Net Debt Proceeds Available for Projects - - - - - - - Total Capital Resources $ 2,626,281 $ 4,538,271 $ 6,026,239 $ 6,538,749 $ 5,950,975 $ 5,791,361 $ 8,568,902 less: Capital Expenditures 739,000 1,190,250 2,249,573 3,437,025 3,098,312 2,494,141 2,962,257 Ending Fund Balance $ 1,887,281 $ 3,348,021 $ 3,776,666 $ 3,101,724 $ 2,852,663 $ 3,297,220 $ 5,606,645 •FCS GROUP DRAFT www.fcsgroup.com City of Yakima 2014 Wastewater, Industrial Wastewater and Stormwater Rate Study - DRAFT September 2014 Page 22 Exhibit 4-15 shows the annual financial forecast for Scenario 3, including the impact of the capital funding strategy. The initial increase would need to be 106.25%, after which the following years would see 2.5% increases. Exhibit 4-15: Scenario 3 - Annual Financial Forecast Revenue Requirements 2014 2015 2016 2017 2018 2019 2024 Assuming Existing Rates: Revenue Rate Revenues Non -Rate Revenues Total Revenue Expenses Cash Operating Expenses Existing Debt Service New Debt Service Rate -Funded System Reinvestment Additions to Operating Reserve Total Expenses Cash Surplus / (Deficiency) $ 2,159, 866 $ 2,236,966 $ 2,248,151 $ 2,259,391 $ 2,270,688 $ 2,282,042 16,171 15,732 16,091 16,117 16,149 16,180 $ 2,176,036 $ 2,252,698 $ 2,264,242 $ 2,275,508 $ 2,286,837 $ 2,298,221 $ 1,980,434 $ 1,770,513 $ 1,816,668 $ 1,864,355 $ 1,913,637 $ 1,964,578 84,306 84,306 84,306 84,306 84,306 350,000 350,000 350,000 350,000 350,000 350,000 $ 2,330,434 $ 2,204,819 $ 2,250,974 $ 2,298,661 $ 2,347,943 $ 2,398,884 $ (154, 398) $ 47,879 $ 13,268 $ (23,153) $ (61,105) $ (100, 663) $ 2,339,666 16,348 $ 2,356,014 $ 2,246,669 84,306 524,231 $ 2,855,206 $ (499,192) Annual Rate Adjustment 106.25% 2.50% 2.50% 2.50% 2.50% Cumulative Annual Rate Adjustment 106.25% 111.41% 116.69% 122.11% 127.66% 2.50% 157.58% Annual Rate per ERU Monthly Rate per ERU After Rate Increases Rate Revenues Net Cash Flow Debt Service Coverage - Revenue Bonds Debt Service Coverage - All Debt $43.00 $88.69 $3.58 $7.39 $90.90 $93.18 $7.58 $7.76 $95.51 $97.89 $7.96 $8.16 $ 2,159, 866 $ 4,613,742 $ 4,752,731 $ 4,895,907 $ 5,043,396 $ 5,195, 328 (154, 400) 2,246,400 2,330,000 2,415,600 2,503,600 2,594,100 n/a n/a n/a n/a n/a n/a n/a 31.83 32.89 33.92 34.94 36.01 $110.76 $9.23 $ 6,026,465 2,911,100 n/a 41.90 Ending Fund Balances 2014 2015 2016 2017 2018 2019 2024 Operating Reserve Capital Reserve Debt Reserve Total $ 488,326 $ 436,565 $ 446,722 $ 459,704 $ 471,856 $ 484,416 1,887,281 3,348,021 3,776,666 3,101,724 2,852,663 3,297,220 $ 2,375,607 $ 3,784,585 $ 4,223,388 $ 3,561,428 $ 3,324,519 $ 3,781,637 a Operating Reserve (Days of O&M Expense) 90 days 90 days 90 days 90 days 90 days 90 days Target Capital Contingency $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 Capital Contingency Deficit (if any) $ - $ - $ - $ - $ - $ - Capital Structure: % Debt Capital Structure: % Equity 38% 24% 14% 8% 6% 4% 62% 76% 86% 92% 94% 96% $ 552,460 5,606,645 $ 6,159,105 90 days $ 524,231 1% 99% Exhibit 4-16 presents the annual financial forecast in graphic form. The "Additions to Reserves" is cash that is purposely generated to help cash fund the capital program. Exhibit 4-16: Scenario 3 - Forecast Gra s h Stormwater Revenue Requirement $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 Additional Revenue for Debt Coverage - Additions to Reserves Rate -Funded System Reinvestment New Debt Service - Existing Debt Service Cash Operating Expenses Revenues Under Existing Rates - - / . . . . . . . . . ' IMMEN . ■ - . ■ . ■ . ■ . ■ . ■ . ■ . ■ ■ . . •FCS GROUP DRAFT www.fcsgroup.com City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 23 4.6. SUMMA 4.6.1. Ra Y STORMWATFR RFCOMMFNDAT e Increase Sfiirategy ONS In our capital planning for most utilities—including the Yakima wastewater utility, which we discuss in the next section—we normally recommend a smooth pattern of rate increases, because a multi-year set of gradual rate increases is usually less disruptive to customers than a sudden one-time increase. However, the Yakima stormwater utility is an exception. It is still maturing as a utility, and it has not yet reached the level of capital investment needed to both catch up and keep up with its infrastructure responsibilities. Its current rates reflect its status as a relatively new utility—they are far below the stormwater rates of most other jurisdictions, even those in the drier parts of Washington state. Even with a 55% increase, Yakima stormwater rates would be in the middle of the comparison group instead of the very lowest. One reason to consider an exception to the usual smoothed approach to rate increases is that stormwater is such a small part of the overall utility bill—only $3.58 per month for a typical single- family customer. Even a high percentage increase to the stormwater bill has less impact on customers than much smaller increases in water or wastewater rates. A 55% percent increase looks dramatic, but for stormwater, the impact to single-family homeowners averages only $1.97 per month. Another consideration is that a very long series of close -to -double-digit rate increases can leave customers feeling angry, year after year. When the need for additional revenue is so great that a smoothed rate strategy would call for 9% annual increases for ten years, it seems more realistic and respectful to customers to "get it over with"—put the level of rates where it needs to be, and then just keep up with inflation after that. In this case, the "right sizing" strategy has the psychological advantage of allowing the City and its customers to readjust expectations all at once. However, the most persuasive reason to adopt Scenario 2 is simply that it leads to the lowest rates in 2024, the end of the forecast period. Scenario 2 would lead to an average charge per ERU of $6.94 per month ten years from now. The rate -smoothing approach, because it would require so much debt, would mean average monthly charges of $8.48 by 2024. The no -debt approach would be even worse, leading to a single-family rate of $9.23 by 2024. Through a judicious use of debt and a willingness to make a sharp correction in the level of rates at the outset of the forecast period, the right -sizing approach (Scenario 2) would leave the utility well positioned to minimize its long-term rates. For that primary reason, we recommend that the City adopt the rate increases shown in Scenario 2. 4.6.2.TImIng of Currently the stormwater charge is collected annually, as part of the property tax bills. Even though the charge currently averages only $3.58 per month, customers see a rate of $43.00 per year. Similarly, wastewater rates are collected every two months, so even though a typically single-family home using 6 ccf/month of water is now charged an average of $38.68 per month, the customer sees a bill of $77.36 every two months. Less frequent, higher bills are more of an imposition on a customer than monthly bills, because the customer typically pays those bills from monthly income. So a 55% increase in stormwater charges seems less significant when paid as $1.97/month rather than $23.65/year. The City customer billing staff has expressed an interest in exploring the feasibility of monthly billing, which has some administrative advantages and is less disruptive to customers than bi-monthly or annual billing. There are costs associated with monthly billing, such as added postage costs, but it is an improvement in customer service. In the case of stormwater, the 2015 "right -sizing" increase we have recommended would be less disruptive if at the same time the City could add stormwater to its utility billing system and make that billing monthly rather than bi-monthly. The City staff would need to quickly evaluate the technical feasibility of such a change, but if it can be done, it would mitigate the impact of the stormwater increase in 2015. 1 CS G . U .P uro11I10 0 iirn City of Yakima 2014 Wastewater, Ilndustriiall Wastewater and Stormwater Rate Study DRAFT September 2014 Page 24 SECT 0 \l 5: WAST SWAT ER UT TY 5.1. SUMMARY Regular retail rates are the largest single source of revenue for the wastewater utility, providing 79% of total revenue. However, there are four significant revenues that offset the retail rate revenue requirement—the higher these four revenues are, the less is required to be generated by retail rates. (There are also a collection of smaller fees that generate less than 1% of the total revenue; these have little effect on retail rates, and they are not discussed in this report.) Because the four offsetting revenues affect the level of rate increases needed for the retail rate, Section 5 deals with them first. After we know what these four revenues should be, then we turn our attention to the retail rates. The four offsetting revenues together provide 20% of the total revenue required by the utility. They include: Pretreatment Rates: Minor Industrial User (MIU) monthly rates to pay for the cost of running the City's Pretreatment program. Strong Waste Surcharges for the following: Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), and Fats, Oils, and Grease (FOG). Industrial Wastewater Rates: A new type of charge, to recover the costs associated with constructing and operating the newly constructed Industrial Wastewater (IW) collection line and Upflow Anaerobic Sludge Blanket (UASB) treatment process. Wholesale revenue from Terrace Heights and Union Gap under a new 3 -party agreement. Projected 2015 revenues for each of these categories are shown in Exhibit 5-1. This table assumes that the recommended rate schedules are fully implemented for each type of offsetting charge. Exhibit 5-1: Estimated 2015 Revenues b T e ((I I 01f f � f �I Iii ullfll�ll� 111111111111(?r1ir11 Less: Pretreatment (MIUs, Sills, Lab Fees) $ (970,000) Less: Strong Waste Surcharges $ (510,000) Less: Industrial Waste (IW) $ (1,610,000) Less: Wholesale Revenue $ (1,260,000) Less: Other Miscellaneous Revenues $ (140,000) Retail Rate Revenue Requirement $ 16,940,000 Totals may be off due to rounding. Includes wholesale share of cash -funded capital costs. If the recommended rate increases for the four offsetting revenues are adopted, then the retail rate increases can be limited to 3% per year throughout the projected study period (2015 – 2024), as shown in Exhibit 5-2. Exhibit 5-2: Pro'ected Retail Rate Increases rr�� �o��// �f %'fflff lllllmmm �1 ouuummm1111 fi IIIIImm i�iiu 1mmmml , (11mmm u111111mm i Annual Increases 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% Sin.le Famil Bill • 6 ccf/mo $38.68 $39.84 $41.03 $42.26 $43.53 $44.84 $46.18 $47.57 $48.99 $50.46 $51.98 IS R0 .➢ urorrllf 0 1111 City of Yakima 2014 Wastewater, Ilndustriiall Wastewater and Stormwater Rate Study DRAFT September 2014 Page 25 5.2. ERFATMFNT (M U) RAMS 5.2.1.Overview The City's pretreatment program was formed in 1988 for the purpose of regulating non-domestic strength wastewater discharge. Charges are established under Yakima Municipal Code (YMC) 7.60.105. Revenue collected from these charges is used to administer and enforce pretreatment regulations as established under YMC 7.65. Per the City's website, the pretreatment department's main goal is to protect the treatment plant from pollutants discharged by industries that can cause equipment damage, interference of plant processes, or pass through into the receiving waters, and to protect the community. Businesses are either classified as minor industrial users (MIUs) or as significant industrial users (SIUs).This determination is based on the amount and type of wastewater flow from each business. SIU permit fee amounts shall be set at ninety percent of the amount identified in the industrial facility categories of Washington Administrative Code (WAC) 173-224-040, according to YMC 7.60.105. Based on historical amounts, the revenue generated from the SIU customers is projected to be nearly $215,000 per year. The MIU businesses are subject to a sewer pretreatment charge that helps cover periodic testing and monitoring performed by the City to ensure compliancy with wastewater discharge limits set by the Pretreatment Program. 5.2.2.MIU Cnarges -- Me nodology and Resul s The MIU rate calculation is a function of the annual cost of pretreatment, minus two types of offsetting revenues, divided by the number of MIU customers. The annual cost of pretreatment is based on the Pretreatment program budget (Budget Unit S232) plus a small allocation of estimated supplies and services from the Treatment Budget Unit that pertain to the pretreatment program. For 2015, the total cost of pretreatment (including city & state taxes) is estimated at $1.09 million. That total is offset by SIU revenue (about $215,000 per year) and sampling and lab testing fees ($112,000 per year), which leaves a net MIU revenue requirement of $763,000, to be spread over 461 MIU customers. Therefore, the equivalent monthly MIU rate is $137.91 per month ($763,000 ± 461 customers ± 12 months). This is compared to the current MIU rate of $92.09 per month. Because the unsubsidized rate would mean a 50% increase over current rates, we recommend that the full cost -recovery MIU rate be phased in over three years. In the first year (2015), MIU revenue would be approximately $600,000, which is roughly 80% of the full cost recovery level. The 2016 rate would recover nearly 90% of full program costs, and finally in 2017, the rate would recover 100% of costs. The three year phase-in strategy would mean three years of 17.8% annual increases instead of an upfront 50% increase. After 2017, projected rate increases are largely inflation -based. Exhibit 5-3 shows the impact of implementing the full cost recovery MIU rate all in 2015, while Exhibit 5-4 shows the effect of phasing in the increase over three years. Exhibit 5-3: Months MIU Rates - Immeeedddiiate Imp� s lementation of Full Cost Recover 91111111111111 lIlllll m Inside City Rate $92.09 $137.91 $143.96 $150.24 $156.76 $163.53 Outside Cit Rate $102.32 $137.91 $143.96 $150.24 $156.76 $163.53 $201.61 $201.61 Exhibit 5-4: Months MIU Rates - Three -Year Phase -In of Full Cost Recover (Recommended) 111 1111111 Inside City Rate Outside City Rate $92.09 $108.48 $127.79 $150.24 $156.76 $163.53 $102.32 $108.48 $127.79 $150.24 $156.76 $163.53 $201.61 $201.61 ICSto..0.➢ 011111 City of Yakima 2014 Wastewater, Ilndustriiall Wastewater and Stormwater Rate Study DRAFT September 2014 Page 26 Exhibit 5-5 summarizes the Pretreatment program expenditures, offsetting revenues, the resulting monthly rates, and whether or not the rates support full cost recovery. To be conservative, we assumed no growth in the offsetting SIU and lab fee revenue, and we also assumed no growth in the number of MIUs. Exhibit 5-5: Summar of Costs and Revenues (Assum n Three Year Phase-in of Rate Forecasted Program Expenses Less: Projected Lab Fees Less: SIU Revenues Net Annual Revenue Requirement MIU Rate Total Accounts Monthly Rates Monthly Revenue 1 057,258 $ 1,089471 $ (111,370) (111370) (215,530) (215 530) 1122,906 $ (111,370) (215,530) rllfllll4iuiiffflllllll1 1 157 619 $ (111 370) (215 530) $ 730,358 $ 762 571 $ 796,006 $ 461 461 $92.09 $108.48 $ 509,185 $ 599, 820 $ 461 $127.79 706588 $ Over/ (Under) Recovery $ (221,173) $ (162,751) $ (89,418) $ 1,193 668 $ 1 231 114 (111370) (111370 (215 530) (215 530 830 719 $ 866 768 $ 904 214 461 461 $150.24 $156.76 830, 719 $ 866, 768 $ 461 $163.53 904214 $ 1 441,673 (111,370 (215,530 $ 1,114,773 461 $201.61 $ 1,114,773 Why is such a large increase in pretreatment charges needed? The main reason is that the full -cost - recovery rates recommended in the previous rate study were not adopted by the City. As a result, the pretreatment program has been under -recovering its costs by about $220,000 per year. The monthly MIU rates projected in the previous rate study would have been about $123 per month in 2014, whereas the current inside -city rate in 2014 is $92.09 per month. As a result, pretreatment customers have been subsidized by the retail customers. The phased -in full -cost -recovery MIU rates are assumed in the development of the retail rates, discussed later in Section 5. If the City does not adopt the recommended MIU rates, then the retail rates will need to be adjusted upward in order to account for the reduced revenue stream from the pretreatment program. 5.2.3.Ou of y Multiipliieir MIU Ra e and Stirang Waste Surcnarge By policy, the City has an out -of -City multiplier of 1.5 for its retail rates—that is, the rates for customers outside the City limits are 1.5 times the rates for inside -City customers. For pretreatment charges, the City's most recent approach is different; for the period 2012 through 2014, MIU rates for out -of -City customers have been set at $102.32 per month (which is still below the full cost recovery level, but closer). Then, inside -City customers have been charged an increasing percentage of the out -of -city rates -80% in 2012, 85% in 2013, and 90% in 2014. What should the City's approach be toward out -of -City customers with pretreatment rates? In this case, we recommend that for both the MIU charge and for the strong waste surcharge, there be no out -of -City multiplier. There are only three out -of -City customers who are subject to the pretreatment charge and the strong waste surcharge. As a result, there is virtually no benefit to inside -City customers from having out -of -City customers pay a higher amount. If three customers were to pay 150% of the inside -City rate, how much would they have to pay, and how much would the other 458 customers save, and still have the overall program recover its full costs? The answer is that the three customers would have to pay $206.19 per month—more than double what they are now paying, and $68.73 more than the inside -City customers. Meanwhile, the inside -City customers would save only $0.45 per month. In general, an out -of -City multiplier is not related to the cost of service; it is simply a policy choice that the City can choose to adopt or not adopt. In this case we recommend against it. For such a disruptive result to a few, and so little benefit to the many, it does not make sense to differentiate between inside -City and out -of -City customers when it comes to the pretreatment MIU rate and the strong waste surcharge. I C S GR 0 uro11Ill 0 101 City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 27 5.3. ST GNG WASTE SU CLIA\GFS (BOD, TSS, If=='QG) 5.3.1. W ny its Tneire a Strong Was e Surcnarge? In order to recover costs equitably between its residential and commercial customers, wastewater utility charges must do two things: differentiate based on the scale of the service, and differentiate based on the characteristics of the wastewater flow. (In this explanation, the term "commercial" includes both industrial and smaller commercial.) Single-family residential customers tend to be similar to each other, and multi -family customers tend to be similar to single-family customers except for their scale, which can readily be measured by either number of dwelling units or volume of metered water consumed. However, commercial customers vary widely from each other and from residential customers in both scale and flow characteristics. A given commercial customer may be very large or quite small—no larger than a single family home—in the amount of wastewater it generates. Similarly, the wastewater generated by a given commercial customer can vary widely in its degree of strength—that is, the amount of treatment that will be required per unit of volume. Some commercial customers generate wastewater that is essentially the same as the wastewater of a single family home. Others generate much higher levels of organic or chemical loads, which require proportionately more effort and cost to clean up. Because of this variability in commercial customers, a key question that every utility must address in its rate design is, "How should we charge a particular commercial customer in relation to what we are charging the residential customers?" Many wastewater utilities answer this question by creating a one or more separate customer classes for commercial customers. With this approach, there is one set of fixed monthly charges and volume rates that might apply to residential customers (possibly with a per-unit charge for multi -family), and there is a separate schedule of fixed monthly charges and volume charges for commercial customers, which takes into account the fact that, on average, commercial customers generate higher strength wastewater flows than residential customers. This way of answering the rate design question has the advantage of being simple to administer, but it does require that we lump together commercial customers, treating each one as though it is the same as all other commercial customers in its class. It is possible to ameliorate this difficulty by creating classes called "Commercial 1," "Commercial 2," "Commercial 3" and so forth, or by separating light commercial from industrial customers, but as long as the answer to the rate design question is to rely on different customer classes to create a separate schedule of charges, then there is inevitably a lot of reliance on averages—average characteristics and average scale. Yakima's answer to this rate design question takes two forms. To account for the varying scale of commercial customers, the Yakima wastewater utility uses meter size as a proxy for the amount of capacity that might be required by a particular customer, which is recovered through the fixed ready - to -serve charge. (There is no need to have a separate volume charge differentiated based on scale, since measuring water consumption already provides that differentiation.) Then, to differentiate commercial customers based on their flow characteristics, Yakima develops an estimate or an actual measurement of the wastewater flow characteristics of each business that generates higher -than -normal levels of Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), and Fats, Oils and Greases (FOG), which are the three main culprits that drive the cost of collecting and treating high-strength wastewater. Relying on specific lab testing data (or, when lab testing data is not available, on national averages that are specific to the type of industry), each business that generates higher -than -domestic strength wastewater receives a separate "strong waste surcharge" for BOD, TSS, and FOG, based on the number of pounds of BOD, the number of pounds of TSS, and the number of pounds of FOG discharged into the wastewater system. The thresholds are based on the concentrations of BOD, TSS, and FOG -300 mg/L for BOD and TSS and 100 mg/L for FOG. Concentration is the amount of a particular pollutant per unit volume of wastewater, and that is the measurement yielded by the lab tests. If the concentration is above the 1 CS too" ..O .➢ P uro11I10 0 iirn City of Yakima 2014 Wastewater, Ilndustriiall Wastewater and Stormwater Rate Study DRAFT September 2014 Page 28 threshold for domestic strength wastewater, then the concentration for that business (in mg/L) is converted to loadings (in pounds per month) by multiplying it by the volume of water and also by a conversion factor. For each of the three categories, the strong waste surcharge is applied per pound of excess loadings—that is, loadings that are above domestic -strength loadings. This approach is more costly to administer than simply having a separate schedule based on averages—it requires a lot of lab testing—but it is ultimately more fair for the businesses in Yakima. It makes sense for this community because of the unusually wide variation among its commercial customers in the strength of their wastewater. For example, for a small office that is essentially the same as a single family home in its wastewater characteristics (in other words, its wastewater is "domestic strength"), the City charges the same as it would for a single family home. However, for a large food processing facility that discharges wastewater that is much higher strength than a typical domestic level, the City will apply the strong waste surcharge, which is in addition to the regular fixed and volume charges paid by all customers (including by those businesses). The cost of testing and administering the testing program is then recovered through the pretreatment charges. 5.3.2.Oveirviiew -- Culmen and Projec ed S rong Was e Surcnarges Projected 2015 surcharge rates are increasing 16.2% for BOD, 7.3% for TSS, 35.1% for FOG. Inflationary level increases are projected for years 2016 – 2024. Several factors contribute to higher than inflationary increases for 2015, including the following: Declining treatment plant loadings: 4 Decline in domestic loadings: domestic treatment plant loadings (in total pounds) have seen a decline in recent history. As Exhibit 5-6 illustrates, when the denominator in the unit cost equation shrinks, the unit cost increases. Exhibit 5-6: Sam e Calculation for Surchar e Unit Cost 111111.11111111111111111,1, ptriahri 1110Vvvl 0111 091 11111111'11111111 4 Decline in Industrial loadings: the Industrial Waste/UASB treatment process significantly decreases BOD loadings on the conventional treatment plant and frees up capacity. By delaying the need to expand the treatment plant, this saves money in the long run; however, in the short term it increases the unit cost of treating strong waste, again because the denominator is smaller. There was a one-year lag in the implementation schedule from the previous cost of service rate study performed in 2007-2008. The FOG rate has not been updated since 2007 because of data limitations. Weekly data is now tracked and measured so that annual loadings can be projected and incorporated into the surcharge calculation. There was an update to the wastewater treatment plant asset allocation, which assigned a higher percentage to both the BOD and TSS categories. This increases the amount of operating and capital costs that are allocated to BOD & TSS, which increases the unit cost of treating strong waste. The update was performed by City staff, which revisited each of the asset categories and updated the functional percentages where operational functionality has changed. Due to data limitations, this most recent allocation was based upon estimated asset replacement cost rather than original cost depreciation, which was the allocation metric used in the previous rate study. Exhibit 5-7 on the following page summarizes the new allocation percentages. 1 CS t oo...O .➢ P III" wlw' g go 111 0 iin City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 29 5.3.3. Metnodology The strong waste surcharges are a function of forecasted plant loadings and corresponding operating and capital costs. The operating and capital costs include Budget Service Unit 232 (Treatment), a 10% share of Budget Service Unit 211 (Collections), existing debt service and projected new debt service related to the treatment plant, and calculated city and state taxes on the aforementioned costs. For the treatment costs, the total costs were assigned to functional categories based on the allocation of the wastewater treatment plant fixed assets shown in Exhibit 5-7. FOG differs from BOD and TSS in that a significant part of its impact is on collection system costs, not just treatment costs, since fats, oils and greases reduce hydraulic flow in the pipes and pumps. In the past rate study, an assumption was made that 10% of collection system costs were attributable to FOG. As part of this rate study, City staff reviewed maintenance demands and the line item budget, and they concluded that the 10% assumption is still valid. a) Allocation of Fixed Assets to Functional Categories To allocate the operating and capital costs to the functional categories of Flow, BOD, TSS, and FOG the existing wastewater treatment plant assets must first be allocated to the same functional categories. City staff provided the asset allocation, and the summarized version is shown below. Exhibit 5-7: Allocation of Treatment Plant Assets to Functional Cate • ories 1 1111111111 11111111111111 OctP � a r 11i 11i IIIII ' 'i1 ffilffi nnr g 9 Im 001 )111101 11?fl Immg rmfgAndgm Influent Area Primary Clarifiers Trickling Filters Activated Sludge Final Treatment (Disinfection/Outfall) Solids Handling Building Solids Digestion BS Dewatering/UASB/Storage Boiler Building Garage Misc. Yard Equip. Lab $ 692,400 $ 647,000 $ 7 63,500 $ 7 100 $ 9,510 000 $ 137 350 $ 5,508 500 $ 10,335,000 $ 44 150 $ 16,025 000 $ 350,600 $ 12,179,500 $ 1,129,900 $ $ 13,660 000 $ 820,000 $ 18,440 000 $ 1,940,000 $ $ 21,200 000 $ 14,492,000 $ - $ - $ $ 14,492 000 $ 305 500 $ 7,665,500 $ 10,439,000 $ $ 18,410 000 $ $ 2,200,000 $ 6,600,000 $ - $ 8,800 000 $ 238,345 $ 1,149,967 $ 4,435,588 $ 1,100 $ 5,825000 $ 225,900 $ 1,129, 500 $ 1,129, 500 $ 25,100 $ 2,510 000 $ 702,204 $ 702,204 $ 702,204 $ 43,888 $ 2,150 500 $ 326,531 $ 326,531 $ 326,531 $ 20,408 $ 1,000 000 $ $ 980,000 $ 980,000 $ 40,000 $ 2,000 000 Total $ 19,290,830 $ 50,928,702 $ 45,181,222 $ 181,746 $ 115,582,500 Allocation 16.7% 44.1% 39.1% 0.2% 100.0% b) Allocation of Operating and Capital Costs to Functional Categories The "Common Subtotal" in Exhibit 5-8 is allocated according to the percentages shown in Exhibit 5-7. The 10% of collection system costs are allocated 100% to FOG. Exhibit 5-8: Costs to be Allocated to Functional Cate. ories in 2015 Unallocated Costs to Be Included Service Unit 232 - Wastewater Treatment Debt Service - Existing (Allocated to WWTP, per Wholesale Agrmt) Debt Service - New [a] City & State Taxes Common Subtotal plus: 10% of Collections for FOG (incl. City/State Taxes) Total $ 6,069,445 2,249,820 41,652 2,365,781 $ 10,726,698 454,199 $ 11,180, 897 ISto..0.➢ giro II 0 City of Yakima 2014 Wastewater, Industrial Wastewater and Stormwater Rate Study - DRAFT September 2014 Page 30 The resulting percentage and dollar amounts of this calculation are summarized in Exhibit 5-9. Exhibit 5-9: Allocating Operating & Capital Costs to Functional Categories TSS, $4,193,407, 38% Total $11,180,897 Flow, $1,789,375 , 16% `FOG, $470,956 ,4% Note that the dollar amount allocated to Flow is excluded from the strong waste rates, since the strong waste surcharge is only intended to recover the incremental costs associated with excess loadings, not hydraulic flow. Those businesses that generate high amounts of flow already pay more for that flow through their volume charges. The projected flow and loadings are shown in Exhibit 5-10. The dollar amounts within BOD, TSS, and FOG represent the numerator in each unit cost calculation. The denominator in each calculation is the annual projected loadings at the treatment plant for each surcharge category. The forecast conservatively assumes no growth. Exhibit 5-10: Forecasted Treatment Plant Flow and Loadings Loading Projections Effluent from UASB Treatment Plant Loadings Influent Flow (mg) BOD (lbs) TSS (lbs) Net Domestic Treatment Plant Loadings Influent Flow (mg) BOD (lbs) TSS (lbs) FOG (lbs) 112 614,455 176,160 3,140 7,708,363 7,786,918 1,263,072 112 614,455 176,160 3,140 7,708,363 7,786,918 1,263,072 112 614,455 176,160 3,140 7,708,363 7,786,918 1,263,072 20 2018 2019 2024 112 614,455 176,160 3,140 7,708,363 7,786,918 1,263,072 112 614,455 176,160 3,140 7,708,363 7,786,918 1,263,072 112 614,455 176,160 3,140 7,708,363 7,786,918 1,263,072 Total Treatment Plant Loadings Influent Flow (mg) 3,253 3,253 3,253 3,253 3,253 3,253 BOD (lbs) 8,322,818 8,322,818 8,322,818 8,322,818 8,322,818 8,322,818 TSS (lbs) 7,963,078 7,963,078 7,963,078 7,963,078 7,963,078 7,963,078 FOG (lbs) 1,263,072 1,263,072 1,263,072 1,263,072 1,263,072 1,263,072 112 614,455 176,160 3,140 7,708,363 7,786,918 1,263,072 3,253 8,322,818 7,963,078 1,263,072 5.3.4. Results Exhibit 5-11 shows the forecasted unit costs for each surcharge category. The percentage rate increases from 2014 to 2015 are as follows: BOD 16.2%, TSS 7.3%, and FOG 35.1%. Inflationary level increases are projected for years 2016 — 2024. Exhibit 5-11: Cost s er Pound that Exceeds Domestic Concentration Threshold BOD TSS FOG $0.4890 $0.4910 $0.2760 2015 2016 2017 2018 T2019 2024 $0.5680 $0.5266 $0.3729 $0.5900 $0.5470 $0.3836 $0.6148 $0.5700 $0.3948 $0.6296 $0.5837 $0.4061 $0.6424 $0.5956 $0.4178 $0.6459 $0.5988 $0.4808 Among the strong waste surcharges, the FOG percentage increase is the highest. However, unlike the BOD and TSS charges, the FOG charge is designed to be an avoidable charge, based on actions the customer can take. Its main purpose is not to generate revenue but to influence customer behavior. •FCS GROUP DRAFT www.fcsgroup.com City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 31 5.4. NDUSTR Al.... WASTEWATER / UASB RATES 5.4.1.Overview In the past year, the City has begun to treat certain high -sugar industrial waste (IW) separately from domestic waste, using an Upflow Anaerobic Sludge Blanket (UASB) system. The wastewater being treated by the UASB significantly reduces the BOD loadings of the influent flow. The effluent is then treated in the conventional wastewater treatment plant where it is comingled with the domestic flows. The UASB can yield significant capacity savings; pretreating the IW flows before they enter the conventional treatment plant can delay the need to expand the plant and therefore reduce future costs. City staff estimates that wastewater flows going through the UASB will enter the rest of the treatment plant with 80% less BOD (as measured in total pounds). Initially, there are four major industrial customers connected to the industrial waste collection line which leads to the UASB; other IW customers may be added later. Customers connected to the UASB system will have rates broken into three major categories: Industrial Wastewater (IW) Rate (for influent treated by the UASB system) 4 Uniform volume rate per ccf, initially set at $7.69/ccf in 2015 Modified Retail Rates (for UASB effluent that enters regular treatment plant) 4 Ready -to -serve charge: 60% of stated retail rate 4 Volume rate per ccf : 60% of stated retail rate Strong waste surcharges (BOD, TSS, and FOG): 100% of stated rate We estimate that 40% of the retail rates are related to the collection system rather than the treatment plant. Since Industrial Wastewater customers have their own collection line (and do not use the city's collection system), they should receive a corresponding 40% reduction against the stated retail rate. There would be no reduction in per -pound rates for the strong waste surcharge, but due to the UASB process, there would be a significant reduction in the amount of BOD that is subject to those rates. For reasons discussed below, we recommend that the total bill for any given IW customer be capped at the amount that would be paid by that customer if its wastewater were going through the normal treatment process with normal charges. 5.4.2. Metnodology a) Industrial Wastewater Rate The industrial wastewater rate is intended to recover the costs associated with constructing and operating the industrial wastewater collection line and UASB treatment system. The IW rate is based on flow (in ccf), even though the variable being treated is BOD. A rate based directly on BOD would give industrial customers an incentive to do their own on-site pretreatment in order to minimize their IW charges. Such an incentive would be negative for the City, because the UASB process depends on high -sugar wastewater to operate effectively. Operating Costs - Fixed operating costs include personnel, parts, and supplies. Variable operating costs include chemicals and power costs associated with operating the IW collection line and the UASB treatment system. Fixed and variable operating costs are projected to be nearly $400,000 per year. In addition to these operating costs, a share of interfund overhead charges and interfund insurance charges are included, which is applied as a 16% markup on the operating costs (the same I S t I R0 .➢ uro111 0 iOar City of Yakima 2014 Wastewater, Ilndustriiall Wastewater and Stormwater Rate Study DRAFT September 2014 Page 32 relative share of these line items when compared to the Treatment budget unit). The interfund allocated costs average $68,000 per year. Capital Costs - The capital portion of the charge is an imputed debt service on the IW collection line and UASB construction cost, which totals $8.7 million. The imputed debt service assumes the same terms as the debt actually sold for this project. This method recognizes the entire investment the City made in these facilities—both the equity part and the debt-financed part—but still gives the IW customers the benefit of the extraordinarily good terms the City received from State loans. As a result, the City will be recovering a capital charge consisting of $8.7 million spread over 20 years at 0.5% interest, which is projected to be nearly $460,000 per year. Lastly, city and state taxes are calculated on both the operating and capital revenues to be recovered. The average tax amount is roughly $267,000 per year. The operating and capital costs total $1.15 million in 2015, which is then converted into a volume rate of $7.69 per ccf of influent to the UASB. b) Modified Retail Rates The effluent from the UASB process will be treated within the conventional treatment plant. The ready -to -serve and volume rate should be reduced by 40% to deduct the estimated part of the retail rate that is collection- related. Exhibit 5-12 summarizes how the 60%/40% split was estimated. Exhibit 5-12: Estimatin • Treatment vs. Collection Share of Retail Rates N1 910 Service Unit 232 - Wastewater Treatment + IV $ 6,465,118 Existing Debt Service - WWTP related 2,249,820 New Debt Service - WWTP related City & State Taxes Total Treatment Costs Total Operating Budget Total Debt Service 41,652 2,477,739 $ 11,234,330 $ 15,744,880 2,932,431 $ 18,677,311 Treatment as a Percentage of Total 60% 5.4.3.Resul s Exhibit 5-13 shows how Industrial Wastewater customers would be charged starting in 2015. First, a customer would be charged the Industrial Wastewater volume rate. Then they would also pay the modified retail rates on the UASB effluent that eventually goes through the conventional treatment plant. They would also pay strong waste surcharges on the UASB effluent. Even though the combined volume rate (industrial wastewater rate and the modified retail volume rate) would be nearly triple the volume rate currently paid by IW customers, a typical customer can save on their overall bill because of the reduced strong waste surcharge for BOD. UASB effluent is expected to contain 20% of the original pounds of BOD, so the savings in the BOD surcharge are significant. Exhibit 5-13: Example of Charge Components for IW Customers Industrial Wastewater Rate Modified Retail Structure (Treatment Related) V«,011�1AiIIIt, 1i 11 1, , IJII Rate per CCF I CS Ci .0 .➢ III VV, I1111 1111111111111111111111111111 • 60% of stated inside retail RTS charge • 60% of stated inside retail volume charge • 100% of Strong Waste surcharges — 0 iirn City of Yakima 2014 Wastewater, Ilndustriiall Wastewater and Stormwater Rate Study -- DRAFT September 2014 Page 33 Exhibit 5-14 shows the schedule of IW rates and modified retail rates for IW effluent. Exhibit 5-14: Industrial Wastewater Rate Schedule 9r11111 coi4 111111ni■ Industrial Wastewater Rate Rate per CCF nlIDll1l1 1 ll� 11111111 $7.69 litliiirt119111111111111 I $7.77 $7.84 ku � % uuilii Ill 11111 i �ulllll m $7.92 $8.00 $8.43 Conventional Treatment Plant Rates 60% of Retail Rates Ready -to -Serve Charges 0.75 in. $20.62 $12.84 $13.23 $13.62 $14.03 $14.45 $16.76 1 in. $25.25 $15.72 $16.20 $16.68 $17.18 $17.70 $20.52 1.5 in. $31.61 $19.69 $20.28 $20.88 $21.51 $22.16 $25.69 tin. $48.78 $30.38 $31.29 $32.23 $33.20 $34.19 $39.64 3 in. $175.15 $109.08 $112.35 $115.72 $119.19 $122.77 $142.32 4 in. $222.03 $138.27 $142.42 $146.69 $151.09 $155.63 $180.41 6 in. $331.40 $206.38 $212.58 $218.95 $225.52 $232.29 $269.29 8 in. $456.09 $284.04 $292.56 $301.34 $310.38 $319.69 $370.60 10 in. $908.67 $565.89 $582.87 $600.35 $618.36 $636.91 $738.36 Rate per CCF RTS Rate $3.01 $1.87 $1.93 $1.99 $2.05 $2.11 $2.45 (60% of applicable meter size charge) 100% of Strong Waste Surcharges Per Pound of BOD $0.4890 $0.5680 $0.5900 $0.6148 $0.6296 $0.6424 $0.6459 Per Pound of TSS $0.4910 $0.5266 $0.5470 $0.5700 $0.5837 $0.5956 $0.5988 Per Pound of FOG $0.2760 $0.3729 $0.3836 $0.3948 $0.4061 $0.4178 $0.4808 5.4.4.Capped Indus Irllal Was ewa or Ra es We recommend that the City adopt a capped Industrial Wastewater rate approach so that customers that are connected to the IW system pay no more than the amount that they would have been charged if they were not IW customers. For example, with capped rates, if a customer would pay $100,000 in 2015 under the current charge methodology but would pay $130,000 under the recommended IW rate structure, they would be billed $100,000. IW customers with relatively low BOD loadings may fall into this example. Because BOD could otherwise be a capacity constraint that would require plant expansion, it is to the overall system's advantage to have these particular customers flow through the UASB process. Therefore it is recommended that the City provide an upper limit to a customer's charge in order to eliminate the financial risk for a customer to connect. The customer would likely view it as a no -risk situation that may potentially save them money. The City would in turn be able to leverage its UASB process which saves capacity at the conventional treatment plant. The capped charge reconciles two competing City goals: provide an incentive for high -sugar customers to connect to UASB, and recover the cost of the UASB from those customers. Of course, the City can control which customers it allows (or requires) to connect to the IW collection line and UASB, so if the wastewater characteristics of a prospective IW customer do not appear to provide much a to the City's overall costs and revenues, it would not make sense to allow that customer to be connected to the IW line. Based on several sample bill tests using projected 2015 rates, a customer would "break even" between the two rate structures if BOD represented approximately 70% of their total bill under the current billing method. This is intended to be an informational item only and a more detailed analysis should be conducted if policy decisions are going to be made based upon this figure. I CS (Io . O .➢ City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 34 Customers with higher concentrations of BOD are more likely to see overall savings under the IW rates than under the regular retail method. For example, consider the following two sample monthly bills in Exhibit 5-15. Both sample bills have total pounds of BOD near 40,000. However the first bill would save nearly $8,000 while the second bill would see an increase of nearly $6,000. It could conceivably be in the City's best interest to have both customers connected to the IW line, and by having capped IW rates, the City would remove the financial risk for the second customer to connect. Exhibit 5-15: Sample Industrial Wastewater Bilis Assumed Rates --> $0.5680 $3.10 A B $0.5680 $9.57 1 BPP Bcfnrie 1r9anlon 1 1 PAforlreatTnontiffil 111111 1,111111rrrl«11«111111 iii 11111111rf *t II 111M111 WRato* I eemMIIIII POO ppm eemmMIIIII 000 ppm Hifi ffiffiump,thl 111 !,11519111111111 rf!P°IlliiItlMI 1'111191901Y 1 ci 1 i/99folyo F'° / /v tiler1111111BHj l'1JIII, jr "mmum,!'1 3,597 42,622 1,799 38,744 719 5,422 360 1,544 1.550 2,072 3.100 4,144 $24,208 $6,425 $22,006 $12,849 30,633 34,855 $3,080 $19,823 ';$22,903 $877 $39,647 $40,524 5.4.5.Impact on FxistIng Indus inial Was ewa or Customers Exhibit 5-16 estimates the rate structure impact on the four customers that have already been required to connect to UASB process. As can be seen, without a capped charge, Noel would see an increase in their charges. Del Monte would see the most savings in their charges. Exhibit 5-16: Com s arin Sam le Char • es Under Current vs. IW Rates i�l' I1II �I�iillil 11�flil I ifl114 11111111111AV lilt', fd 9 J.111111111 � ff. 1 (I f(f %1d1111 FIcrw :III $0.5680 $0.5266 Varies $3.10 $0.5680 $0.5266 $9.57 Del Monte $ 772,000 $ 17,000 $ 4,000 Seneca $ 174,000 $ - $ 2,000 Jewel $ 595,000 $ $ 6,000 Noel $ 44,000 $ $ 6,000 *Rounded to nearest thousand 163,000 $ 956,000 38,000 $ 214,000 226,000 $ 827,000 38,000 $ 88,000 $ 110,000 $ 17,000 $ 2,000 $ 503,000 $ 632,000 $ 24,000 $ $ 1,000 $ 117,000 $ 142,000 $ 57,000 $ $ 4,000 $ 699,000 $ 760,000 $ - $ $ 3,000 $ 117,000 $ 120,000 $ 324,000 $ 72,000 $ 67,000 $ (32,000) 5.5. WHIOI....FSAI....F AGREEMENT The previous four -party agreement for wholesale wastewater service is being replaced by a three - party agreement that is in the process of final approval by the Cities of Yakima, Terrace Heights, and Union Gap. It is estimated that the three -party agreement will generate more revenue to the Yakima wastewater utility than the previous agreement. Revenues generated can be roughly split into two categories: treatment-related operating charges that recover operating costs and capital -related charges that recover treatment capital investment and replacement made by the City. Operating revenue (related to the treatment charge) in 2014 was estimated based on six months of actual bills that provided average revenue for each party that was extrapolated over an entire year. Future years conservatively assume no increase in revenues above the projected 2014 level. Capital revenue was estimated by analyzing two revenue streams: debt service and cash financed capital. In simplified terms, Terrace Heights and Union Gap are to pay a percentage share of new and existing debt service related to the wastewater treatment plant, and in addition to this, they are to pay a percentage share of treatment capital that is cash -financed by the City. In addition, Union Gap is to contribute a percentage of both operating and capital dollars related to the Rudkin Road Pump Station. I 1S t I R0 .➢ g uro: III 0 ilrn City of Yakima 2014 Wastewater, Ilndustriiall Wastewater and Stormwater Rate Study DRAFT September 2014 Page 35 It is beyond our scope of services to provide an in-depth analysis and review of the agreement. However, we should note that two factors cause future revenues to be difficult to estimate: The agreement has not been signed and finalized by all parties, so terms are subject to change. The working draft has only been implemented since January 2014, which does not provide a long history to see how the new methodology may affect revenues and usage patterns over time. An important question is how the projected wholesale revenues compare with historical revenues and how this may impact the necessary level of retail rate increases. Looking back at the most recent two years of history, wholesale revenue averaged nearly $870,000 per year. All parties acknowledged that Terrace Heights and Union Gap had been previously subsidized by Yakima ratepayers, which provided the impetus for creating a new agreement, so that the two wholesale customers could pay a more equitable share of system costs. Using the most recent version of the agreement, we project that annual revenue will average nearly $1.2 million per year, which represents a 40% increase in wholesale revenue when compared to recent history. Our retail rate forecast with 3.0% increases per year assumes this level of wholesale revenue. The difference between the historical and projected revenue roughly represents 2% of current retail rate revenues. So, for example, if the actual revenue turned out to be at the historical average of $870,000 per year, then the retail rates would need a one- time 2% increase on top of our forecast increases of 3% per year. 5.6. BETA 5.6.1.Capi 1.... RATES FFADY--10--SFRVF, V01....UMF CHA. al Funding Sfiirafiegy GF) Exhibit 5-17 summarizes the capital funding strategy assumed for the retail revenue requirement. Exhibit 5-17: Canitai Funding Strate 1 6006 4�:�������iiiii���41lll�yylyI���������IIIIaki6i 1%:iiii�(((fff ����r 1i �r1ri�����Illigrigk"tIigg ,����iiiiiIIIIIgtiijC:; Ii1 ��rif Capital Expenditures (Escalated Dollars) $ 4,492,831 $ 4,688,550 $ 11,638,860 $ 8,453,974 $ 4,504,028 $ 3,414,598 $ 4,302,326 Capital Funding Strategy: Beginning Fund Balance $ 3,182,818 $ 3,488,903 $ 2,972,668 $ 2,875,465 $ 2,746,322 $ 2,745,726 $ 3,068,122 plus: Grants /Outside Sources 2,049,900 - 3,751,414 - - - - plus: Annual Capital Charge Revenue 500,000 390,833 392,787 394,751 396,725 398,708 408,776 plus: Rate -Funded System Reinvestment 1,238,520 1,358,006 1,413,344 1,532,896 1,573,603 1,573,527 2,560,063 plus: Transfer of Surplus from Operating Fund 614,782 900,574 819,557 529,311 512,529 606,099 961,449 plus: Wholesale Capital Revrnues " 393,167 318,022 242,345 282,175 256,003 219,009 216,880 plus: Interest Earnings 2,546 5,233 7,432 7,189 6,866 6,864 7,670 plus: Net Debt Proceeds Available for Projects - 1,199,647 4,914,778 5,578,509 1,757,705 668,873 1,234,204 Total Capital Resources $ 7,981,734 $ 7,661,218 $ 14,514,324 $ 11,200,296 $ 7,249,753 $ 6,218,806 $ 8,457,165 less: Capital Expenditures 4,492,831 4,688,550 11,638,860 8,453,974 4,504,028 3,414,598 4,302,326 Ending Fund Balance $ 3,488,903 $ 2,972,668 $ 2,875,465 $ 2,746,322 $ 2,745,726 $ 2,804,208 $ 4,154,838 Approximately 5% of the capital inflows come from grants and forgivable loan principal, 7% from the capital connection charge, 44% from cash, 5% from wholesale capital -related revenue, and 39% from state loans and revenue bond issues. The capital funding strategy assumes the following grants/forgivable loan principal: Grant G1400532: $249,900 Grant G1400608: $500,000 Grant for Project 13-1509R: $1,300,000 Forgivable loan portion on L1200019: $697,150 I S t I R0 .➢ 0 iiimm City of Yalkirxna 2014 Wastewater, Industrial Wastewater and Storn'nwater Rate Study DRAFT Septerxnber 2014 Page 36 5.6.2. Annual Flnanclal Forecast As with the stormwater forecast, the purpose of the wastewater annual financial forecast is to determine the rate revenue requirement. Exhibit 5-18 summarizes the annual forecast. It first looks at total revenue under existing rates (including non -rate revenue) and compares it with cash operating expenses, existing debt service, new debt service arising from the capital funding strategy, and the planned rate -funded capital reinvestment. If projected revenue under existing rates are inadequate for those costs, then there is a cash deficiency, and a rate increase is needed. Separately, there is also a test for whether the revenue under existing rates would provide enough income to meet the requirement for bonded debt service coverage. Either type of deficiency -a cash deficiency or a coverage deficiency -can drive the need for rate increases. In this case, debt service coverage is the binding constraint in all of the years except for 2024. Exhibit 5-18: Wastewater Annual Financial Forecast Assuming Existing Rates: Revenue Rate Revenues Non -Rate Revenues: Pretreatment Charges Strong Waste Surcharges Industrial Waste Charges Wholesale Revenue - Operating & Debt Svc Miscellaneous Fees Subtotal Non -Rate Revenues Total Revenue $ 16,457,628 $ 16,447,886 $ 16,438,557 $ 16,429,638 $ 16,421,131 $ 16,413,034 $ 16,378,704 $ 880,749 $ 972,034 $ 1,080,185 $ 1,201,915 $ 1,237,964 $ 1,275,410 $ 1,485,969 447,856 508,463 528,130 550,257 563,535 575,027 579,006 1,769,322 1,609,776 1,638,740 1,669,461 1,696,275 1,722,744 1,837,047 679,070 940,166 956,338 974,633 997,157 1,001,153 1,015,480 381,979 144,268 149,872 151,111 152,570 153,164 36,955 $ 4,158,975 $ 4,174,707 $ 4,353,265 $ 4,547,376 $ 4,647,501 $ 4,727,499 $ 20,616,603 $ 20,622,593 $ 20,791,822 $ 20,977,014 $ 21,068,631 $ 21,140,533 Expenses Cash Operating Expenses $ 15,455,672 $ 15,744,880 $ 16,079,757 $ 16,452,783 $ 16,802,872 $ 17,158,506 Existing Debt Service 2,949,000 2,829,043 2,660,785 2,538,960 2,540,544 2,535,477 New Debt Service - 103,388 526,953 1,007,719 1,159,202 1,216,847 Rate Funded System Reinvestment 1,238,520 1,358,006 1,413,344 1,532,896 1,573,603 1,573,527 Additions to Operating Reserve - - - - - - Total Expenses $ 19,643,192 $ 20,035,316 $ 20,680,839 $ 21,532,360 $ 22,076,221 $ 22,484,357 Cash Surplus/(Deficiency) $ 973,411 $ 587,277 $ 110,983 $ (555,345) $ (1,007,590) $ (1,343,824) Debt Svc Coverage Deficiency (if any) $ - $ - $ - $ (632,244) $ (1,204,004) $ (1,599,727) $ 4,954,457 $ 21,333,161 $ 19,135,586 1,279,077 1,704,189 2,560,063 $ 24,678,915 $ (3,345,753) $ (2,033,132) Annual Rate Adjustment Cumulative Annual Rate Adjustment 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 6.09% 9.27% 12.55% 15.93% 3.00% 34.39% After Rate Increases Rate Revenues Net Cash Flow Debt Service Coverage - Revenue Bonds Debt Service Coverage - All Debt $ 16,457,628 $ 16,941,323 $ 17,439,665 $ 17,953,109 $ 18,482,127 $ 19,027,205 973,400 971,900 891,300 632,100 598,900 693,800 3.26 3.14 2.61 2.22 2.15 2.16 1.75 1.80 1.73 1.61 1.59 1.61 $ 22,011,609 1,044,800 3.11 2.21 Operating Reserve Capital Reserve Debt Reserve Total ff�����lmmmmmmmmlrgovf����llmmmmmmmmm ���uullmmmmmmmillgatoiffiuuMio $ 3,810,988 $ 3,882,299 $ 3,954,039 $ 4,056,851 $ 4,143,174 $ 4,230,864 $ 4,705,472 3,488,903 2,972,668 2,875,465 2,746,322 2,745,726 2,804,208 4,154,838 1,356,750 1,460,138 1,883,703 2,364,470 2,515,952 2,573,597 3,060,939 $ 8,656,641 $ 8,315,105 $ 8,713,206 $ 9,167,643 $ 9,404,852 $ 9,608,670 $ 11,921,249 Operating Reserve (Days of O&M Expense) 90 days 90 days 90 days 90 days 90 days 90 days 90 days Target Capital Contingency $ 1,406,279 $ 1,453,164 $ 1,569,553 $ 1,654,092 $ 1,699,133 $ 1,733,279 $ 1,936,284 Capital Contingency Deficit (if any) $ - $ - $ - $ - $ - $ - $ apital Structure: % Debt apital Structure: % Equity 31% 29% 30% 32% 32% 30% 23% 69% 71% 70% 68% 68% 70% 77% In this forecast, there is new debt service to be paid, beginning at $103,000 in 2015 and growing to $1.7 million per year by 2024. At the same time, rate -funded system reinvestment grows from $1.2 ' Total revenue shown here is different from the total from Exhibit 5-1 earlier in this report. The purpose of this table is to show costs and revenues that directly drive the rate revenue requirement, so capital -related income such as grants, connection charges, and the wholesale share of cash -funded capital costs are excluded. With Exhibit 5-1, in order to highlight the significance of the wholesale agreement as a funding source, we chose to include the wholesale share of cash -funded capital costs. CS (]RO .➢.P 1{ 1{ 1'V,I,W�, 4 Iro11111111 City of Yakima 2014 Wastewater, Industrial Wastewater and Stormwater Rate Study - DRAFT September 2014 Page 37 million in 2014 to nearly $2.6 million by 2024. However, there is a drop-off in current debt service in 2024, reducing annual debt service by nearly $1.2 million. In addition, continued water conservation means that revenue under existing rates will slightly decline each year, at the same time as operating costs increase with normal inflation. As a result, if there is no change in rates, the coverage deficiency would be $1.6 million in 2019 and the cash deficiency would be $3.3 million in 2024. In order to meet the cash requirements, debt service coverage requirements, and maintain minimum operating reserves, annual rate increases of 3.0% are needed. After the rate increases, the lowest debt service coverage would be 2.05 (in 2023, not shown in Exhibit 5-18), and total outstanding debt would not rise above 32% of total capital assets. Exhibit 5-19 graphically represents the revenue and expenditure trends throughout the ten year study period. The solid black line represents retail revenue under existing rates as well as non -rate revenues. The dashed black line represents retail rate revenues with the recommended rate increase plus non -rate revenue. The colored columns represent different types of cash requirements. Exhibit 5-19: Forecast Graph $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 Wastewater Revenue Requirement 2014 2015 2016 2017 2018 2019 Additional Revenue for Debt Coverage Additions to Reserves Rate Funded System Reinvestment New Debt Service Existing Debt Service Cash Operating Expenses Revenues Under Existing Rates Revenues After Rate Increases 2020 2021 2022 2023 2024 5.6.3. Realignment of Out -of -City Multiplier While the retail rates as a whole will increase by 3.0% in 2015, we recommend a slight adjustment in the rate structure to create a true 1.50 out -of -City multiplier. The out -of -City multiplier implied in the current rate ordinance ranges from 1.36 — 1.52 depending upon the specific ready -to -serve or volume charge. The recommended rate schedule shown in Exhibit 5-20 realigns all of the out -of -City charges to be 1.50 times the inside -City rate as of 2015. From 2016 — 2024, the 3.0% rate increase is applied as an across-the-board increase so that every rate equally increases by the same percentage. •FCS GROUP DRAFT www.fcsgroup.com City of Yakima 2014 Wastewater, Ilndustriiall Wastewater and Stormwater Rate Study -- DRAFT September 2014 Page 38 Exhibit 5-20: Realignment of Out -of -City Multiplier „ � Other Than Multi I(IrIJ (((f((fIIIII le Unit Customers I 3.0% 30% � ullll 3.0% 6.1% 3.0% 93% �lllll � 3.0% 126% JJ�uuilllll111I i1Eii 3.0% 34.4% _. Inside City - Monthly Sewer Charges r% h(((liilllllllllllI Outside Ci - Monthl Sewer Char.es OCM OCM 0.75 in. $29.11 r <11 $31.85 (,0 $23.20 1 in. $36.04 r <13 $39.00 (,0 $26.78 1.5 in. $45.52 r <1 $48.83 (,0 $31.61 2 in. $71.18 r <1E $75.35 (,0 $42.47 3 in. $260.02 r <1?'3 $270.56 (,0 $54.89 4 in. $330.06 r <1?) $342.97 (,0 $185.78 6 in. $493.49 r <1?) $511.92 (,0 $222.03 8 in. $679.76 r <1?) $704.53 r (,0 $298.33 10 in. $1,356.07 r <1?) $1,403.63 (,0 $372.92 Volume Rate per CCF $4.57 8 in. $4.65 (,0 Multi Unit Customers $498.29 $513.24 $528.63 $612.83 Outside Ci - Monthl Sewer Char.es $908.67 $935.75 $963.83 $992.74 $1,022.52 Per Account $16.79 3E $19.13 (,0 $3.19 Per Unit $12.32 (,0 $12.73 (,0 Multiple -unit customers outside the City now have an implied out -of -City multiplier of only 1.36 times the inside -City rate. Their account charge would increase by nearly 14%, although it is worth noting that the largest part of their charge (the per unit charge) would see an increase much closer to the overall increase of 3.0%. In addition to multiple -unit customers, outside -City customers with a 3/4" meter would also see a noticeable impact. Since their current implied out -of -City multiplier is only 1.41, the effective increase in their ready -to -serve charge would be over 9% in 2015. To avoid a divergence in out -of -City multipliers in the future, we suggest that only the inside -City rates be stated in the rate ordinance, along with a simple statement that outside -City ready -to -serve and volume charges will be 1.50 times the stated inside -City rates. This realignment does not change the overall revenue profile of the utility. For reference, the City currently recovers 44% of its retail rate revenue from fixed charges, while the remaining 56% is generated through the volume charge. 5.6.4. Recommended Ra e Schedule The recommended rate schedule for the inside city rates is shown in the following Exhibit 5-21. As noted above, we recommend that the City only publish the inside city rates in the ordinance. Below the inside schedule, we recommend the City insert language stating that outside -City rates are 1.50 times the stated inside -City rates. Exhibit 5-21: Recommended Retail Rate Schedule for Inside -City Customers W 11 Nf0111111 Annual Across the Board Increases (k) Cumulative Rate Increases (%) Other Than Multiple Unit Customers Illiii I 3.0% 30% � ullll 3.0% 6.1% 3.0% 93% �lllll � 3.0% 126% 3.0% 159% i1Eii 3.0% 34.4% _. Inside City - Monthly Sewer Charges 0.75 in. $20.62 $21.23 $21.87 $22.53 $23.20 $23.90 $27.71 1 in. $25.25 $26.00 $26.78 $27.59 $28.41 $29.27 $33.93 1.5 in. $31.61 $32.55 $33.53 $34.53 $35.57 $36.64 $42.47 2 in. $48.78 $50.23 $51.74 $53.29 $54.89 $56.54 $65.54 3 in. $175.15 $180.37 $185.78 $191.36 $197.10 $203.01 $235.34 4 in. $222.03 $228.65 $235.51 $242.57 $249.85 $257.35 $298.33 6 in. $331.40 $341.28 $351.52 $362.06 $372.92 $384.11 $445.29 8 in. $456.09 $469.68 $483.78 $498.29 $513.24 $528.63 $612.83 10 in. $908.67 $935.75 $963.83 $992.74 $1,022.52 $1,053.20 $1,220.95 Volume Rate per CCF $3.01 $3.10 $3.19 $3.29 $3.39 $3.49 $4.05 Inside City - Monthly Sewer Charges Per Account $12.38 $12.75 $13.13 $13.53 $13.93 $14.35 $16.64 Per Unit $8.24 $8.49 $8.74 $9.00 $9.27 $9.55 $11.07 ICSto..0.➢ OM City of Yakima 2014 Wastewater, Industrial Wastewater and Stormwater Rate Study - DRAFT September 2014 Page 39 5.6.5.Rate Comparison Exhibit 5-22 shows the results of a survey of wastewater rates from other comparable cities. The City of Yakima is right in the middle of the comparison group, ranking below four other jurisdictions and essentially even with Pullman. The City only slightly above the average rate in the survey, which is $37.52 per month for a single-family customer with 6 ccf of water usage per month. Exhibit 5-22: Sewer Rate Surve , Assuming 6 CCF in Flow ily Residential # Jurisdiction Rate 1 Wenatchee $23.22 Mr 2 Pasco $24.80 3 Richland $25.60 4 Ellensburg $32.43 5 Moses Lake $32.70 6 Pullman $38.15 7 Yakima 2014 $38.68 8 Yakima 2015 $39.84 9 West Richland $42.00 10 Cle Elum $44.65 11 Walla Walla $52.10 12 Roslyn $57.22 _ 5.7. BILL IMPACT TO SAMPLE CUSTOMERS The following series of exhibits show the combined impact of the 2015 wastewater and stormwater rate increases on a hypothetical group of sample customers. Data such as usage, loadings, ERUs were based on averages from those sample categories. The sample customer profiles include the following: • Single family customer using 6 ccf per month, assuming an average single family residence for stormwater which equals one ERU. • Multi -unit residential with 10 units, using 5 ccf per unit, and four stormwater ERUs on the parcel. • Commercial customer with a 1" meter using 38 ccfs per month and having 90 billable pounds of BOD per month, with seven stormwater ERUs. • Industrial customer with a 2" meter using 385 ccfs per month having 750 billable pounds of BOD per month, with 25 stormwater ERUs. Exhibit 5-23 assumes stormwater Scenario 1, which has an annual 9% increase in the stormwater charge. In this scenario, the combined increase for our hypothetical single family customer would be $1.48 per month, or 3.5% of the total bill. However, in this scenario the stormwater charge would keep increasing by 9% each year for the next ten years. The multi -family customer increase would be about the same in percentage terms. Because a proportionately larger share of their total bill comes from stormwater, the commercial and industrial sample customers would see their total bills increase by about 6.5%-7% in 2015. Exhibit 5-23: Sample Charges Assumin Stormwater Scenario 1 Stormwater Scenario 1 Month) Char.e Com.ari rent 2014 Rat Wastewater $ Change %Change al Total To Single Family Customer $3.58 $38.68 $42.26 $3.91 $39.84 $43.74 $1.48 (6 ccf/mo, 1 Storm ERU) Multi Family Residential $14.33 $94.78 $109.11 $15.62 $97.62 $113.25 $4.13 (5 ccf/mo/unit, 10 Multi -Units, 4 Storm ERUs) Commercial $25.08 $183.64 $208.72 $27.34 $194.94 $222.28 $13.56 (/" Meter, 35 ccf/mo, 7 Storm ERUs, 901bs/mo BOD) Industrial $89.58 $1,666.47 $1,756.05 $97.65 $1,778.56 $1,876.20 $120.15 (2" Meter, 385 ccf/mo, 25 Storm ERUs, 7501bs/mo BOD) 3.50% 3.79% 6.49% 6.84% •FCS GROUP DRAFT www.fcsgroup.com City of Yakima 2014 Wastewater, Ilndustriiall Wastewater and Stormwater Rate Study DRAFT September 2014 Page 40 Exhibit 5-24 assumes stormwater Scenario 2 (the recommended scenario), which has a 55% rate increase on the stormwater charge in 2015, with inflationary increases in subsequent years. For this scenario, the single family sample customer would see a combined bill impact of $3.13 per month, or 7.4%. For the multi -family customer and industrial customer, the 2015 combined increase would be 9%-10%, and for the commercial customer, the 2015 combined increase would be about 12%, including higher -than -inflation increases in the BOD surcharge and the stormwater charge. With this scenario, the increases for all customers after 2015 would be 3% per year. Exhibit 5-24: Sam s le Charles Assumin • Stormwater Scenario 2 Recommended tri i r , oVoo(riecoml ar iffiumlllllllllllllllllllllllllll111cur 014 te'✓ ffiI1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1110ri , 11201$ ll> lllllllllllllllllllllllllllllllllllllllllllll � 6(K � �f Illllllll11,1111�ff111111111111111111111111111111111111111111�i ater 1 � ate011ll�u h JJJ��l�f 4' W ������- TONI 11111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �1JJ1������r Single Family Customer $3.58 $38.68 $42.26 $5.55 $39.84 $45.39 $3.13 7.40% (6 ccf/mo, 1 Storm ERU) Multi Family Residential $14.33 $94.78 $109.11 $22.22 $97.62 $119.84 $10.73 9.83% (5 ccf/mo/unit, 10 Multi -Units, 4 Storm ERUs) Commercial $25.08 $183.64 $208.72 $38.88 $194.94 $233.82 $25.09 12.02% (1" Meter, 35 ccf/mo, 7 Storm ERUs, 90 Ibs/mo BOD) Industrial $89.58 $1,666.47 $1,756.05 $138.85 $1,778.56 $1,917.41 $161.36 9.19% (2" Meter, 385 ccf/mo, 25 Storm ERUs, 750 lbs/mo BOD) Exhibit 5-25 assumes stormwater Scenario 3, which has a 106% rate increase in the stormwater charge in 2015, with inflationary increases in subsequent years. For this scenario, the single family sample customer would have a combined bill impact of $4.96 per month, or almost 12% of the total bill. The multi -family customer would see an increase in 2015 of about 16.5% and the commercial customer an increase of 18%. The overall increase to the industrial customer would be almost 12%, similar to the single family customer. As with Scenario 2, the increases for all customers after 2015 would be 3% per year. Exhibit 5-25: Sam s le Charles Assumin • Stormwater Scenario 3 tpiliwaterApetiatip F ff IIIIIIMM I�1111111111111111111111111iPurrel 2014 Reteslf1111111111111111I lIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIV mope 02011$7 ,, # .1/i/r at r of nrwwlei .7���%%%/ il. 111 A.,A, I ir'. /r � � � ii .� � .i� far.. , � , ��fIII, ,�". ,�,r,iRSe��� v �R������7�6��� !�� Single Family Customer (6 ccf/mo, 1 Storm ERU) Multi Family Residential $3.58 $14.33 (5 ccf/mo/unit, 10 Multi -Units, 4 Storm ERUs) Commercial $25.08 (1" Meter, 35 ccf/mo, 7 Storm ERUs, 90 Ibs/mo BOD) Industrial $89.58 (2" Meter, 385 ccf/mo, 25 Storm ERUs, 750 lbs/mo BOD) $38.68 $42.26 $94.78 $109.11 $183.64 $208.72 $1,666.47 $1,756.05 $7.38 $39.84 $47.22 $29.53 $97.62 $127.15 $51.67 $194.94 $246.61 $184.54 $1,778.56 $1,963.10 $4 96 $18.04 $37.89 $207.05 11.73% 16.53% 18.15 11.79% 5.8. CHANG NG If=='RCM 360 DAYS TO 365 DAYS During the rate study process, City staff mentioned that they wanted to see the impact of changing the way the ready -to -serve charge is billed. Currently, the fixed charge is converted into a daily rate and charged against the number of days per bill, which can range from 50 to 70+ days. In the billing system, the daily charge is currently calculated assuming 30 days per month (360 days per year) instead of 30.417 days per month (365 days per year). By having a slightly smaller denominator, a daily rate based on 30 days rather than 30.417 artificially increases the charge. The rate ordinance explicitly states the equivalent daily rate for a 3/4" meter -for 2014 that rate is $0.6779 per day, based on a monthly rate of $20.62. For larger meter sizes, the ordinance states that "daily rates for meters larger than three-quarters inch shall be calculated by dividing the monthly charge by thirty." Interestingly, the stated daily rate in the ordinance for the 3/4" meter size is based on 30.417 days per month, not 30 days per month. So there is a discrepancy in the rate ordinance between the daily rate for 3/4" meters and larger meters, and for 3/4" meters, there is a discrepancy between the billing system and the rate ordinance. I S t I R0 .➢ g uro: III 011111 City of Yakima 2014 Wastewater, Ilndustriiall Wastewater and Stormwater Rate Study -- DRAFT September 2014 Page 41 Exhibit 5-26 shows the effect of the 360 day assumption on the current ready -to -serve charge for a 3/4" meter, which is $20.62 per month. Exhibit 5-26: Comparison of 360 or 365 Da based Dai i Rate g,Q0 111111111mm m11111 rON This exhibit shows that the method currently used in the billing system recovers $3.44 above what the monthly rate should generate over twelve months. Assuming that a typical customer is actually billed for 365 days per year (no matter how the daily rate is calculated), customers are currently being slightly overcharged throughout the year. If these assumptions are correct and the City decides to change its billing system algorithm to a 365 - day year, it would mean a 1.4% decrease in the effective ready -to -serve charge for each customer. Assuming that the City gets 44% of its retail rate revenue from the ready -to -serve charge, this may cause a revenue decline of roughly 0.6%. The same 3.0% annual retail rate increases can be adopted without significant negative impacts, although fund balances may be lower by roughly $100,000 and debt service coverage would be slightly lower in each year, dipping to 1.97 in 2023 before increasing to over 2.9 in 2024. We find that to be completely acceptable within the parameters of this study. If the City wants to correct this small overcharge to customers, the ordinance can simply state that "daily rates shall be calculated by dividing the monthly charge by 30.417." As with the out -of -City multiplier, there is no need for the ordinance to explicitly state the daily rates. A sentence describing how to calculate it is more than adequate. Alternatively, the ordinance can remain silent about daily rates, since calculating daily rates is an administrative procedure that can easily be done by the billing staff. Either way, the billing system should be corrected to divide the monthly rate by 30.417. 5.9. UNMETERED CUSTOMER ASSUM DT ONS There are a handful of customers who receive sewer service without having a water meter, and the City staff asked us to examine their current water usage assumptions for these customers. Currently, the City assumes 11 ccf per month for unmetered residential customers. For unmetered commercial customers, if there is no property -specific data about water usage, the City assumes 50 ccf per month. 5.9.1. Resiiden ial Assump ion In 2013, average water consumption was about 6 ccf per month per dwelling unit for both single family and multiple unit residential customers. Our experience with other jurisdictions is that that unmetered customers tend to use more water than metered customers; in this case, we assumed a factor of 25% above the average metered usage. That turns out to be 7.5 ccf per month. For that reason, we suggest a standard assumption that unmetered residential customers use 7.5 ccf per month per dwelling unit (either single family or multiple unit residential), much less than the current assumption of 11 ccf per month. 5.9.2.Assump ion for Commercial Cus omers Exhibit 5-27 on the following page shows a current fixture unit schedule borrowed from the Midway Sewer District, which bases it on the Uniform Plumbing Code. Fixture units used to be a common method of estimating water demand for unmetered commercial customers (or not -yet -metered commercial developments, for the purpose of calculating a connection charge). For many utilities, this method has fallen out of favor because it is time-consuming to administer. However, it does provide a consistent methodology that can be applied across a wide set of circumstances, which is the CS GROUP III" wlw' giro 11 111 City of Yakima 2014 Wastewater, Iindustriiali Wastewater and Stormwater Rate Study DRAFT September 2014 Page 42 situation Yakima faces. Because there are less than a half dozen unmetered commercial accounts in Yakima, the fact that it takes time to work through the fixture unit calculation should not be a significant disadvantage. We suggest this approach for Yakima. Exhibit 5-27: Fixture Unit Schedule for Unmetered Commercial Customers 20 points = 1 ERU = 7.5 ccf/month Source for fixture units: Midway Sewer District, based on Uniform Plumbing Code Assumed ERU water usage per month based on Yakima average residential plus 25%. Fixture: Points Bathtubs 2 Bidets 2 Dental Units or Cuspidors 1 Drinking Fountains 1 Oil/Water Separators 2 Grease Interceptors 3 Sand/Grit Traps 6 Laundry Tubs 2 Clothes Washer 2 Floor Sinks (indirect waste receptors for refrigerators, coffee urns, water stations, etc.) 1 Receptors (indirect receptors for commercial sinks, dishwashers, air washers, etc.) 3 Showers, single stall 2 Showers, gang (per head) 1 Sinks, bar, residential 1 Sinks, bar, commercial 2 Sinks, commercial, industrial, schools, etc. (incl. dishwashers, wash-up sinks, wash fountains) 3 Sinks, flushing rim, clinic 6 Sinks and/or Dishwashers, residential 2 Sinks, service 3 Mobile Homes Park Traps (one per trailer) 6 Urinals, pedestal, trap arm only 6 Urinals, stall 2 Urinals, wall 2 Wash Basins (lavatories), single 1 Water Closet, private installation, trap arm only 4 Water Closet, public installation, trap arm only 4 I S t I R0 .➢ III" wlw' g uro: III 0 11111 City of Yakima 2014 Wastewater, Industrial Wastewater, and Stormwater Rate Study September 30, 2014 •:;CICS C; C) L] P I' f•:1 1 1:11,1 ii+•2 Introduction • Stormwater Utility o Three rate increase scenarios • Wastewater Utility o Pretreatment Rates o Strong Waste Surcharges o Industrial Wastewater Rates o Wholesale Revenues o Retail Rates >FCS GROUP STORMWATER FCS GROUE� iia ,,,,Ink -1(.41:11-11.:., r ,:, k-( ln: n-r:l 1 1111,11.1111^ Stormwater Capital Improvement Plan • Staff provided 10 -year plan based on 2013 Stormwater Collection System Master Plan totaling $26.3 million • Annual capital expenditures estimated to be $2.5 million per year over next ten years (inflated $) o Important, large infrastructure systems that must be constructed and/or maintained to avoid asset failure with even larger potential capital costs • Annual rate revenues are roughly $2.2 million, so rate increases needed • Last rate increase was in 201 1 �> FCS GROUP Stormwater Rate Survey June 2014 Sin•le F ' # Jurisdiction 1 Yakima (2014) 2 Spokane 3 Richland 4 Pasco 5 West Richland 6 Moses Lake 7 Centralia 8 Ellensburg 9 Wenatchee 10 Ridgefield 11 Walla Walla 12 Pullman 13 Vancouver 14 Sunnyside 15 Mukilteo 16 Tumwater 17 Bellingham 18 Camas 19 Marysville 20 Renton 21 Washougal 22 Kenmore 23 Bonney Lake 24 Auburn Monthly Stormwater Rate $3.58 $3.84 $3.85 $4.40 $4.90 $5.30 $6.00 $6.06 $6.09 $6.50 $6.90 $7.00 $7.83 $8.28 $8.32 $8.41 $8.98 $9.71 $10.82 $12.69 $13.75 $13.95 $14.00 $18.78 • Even for Eastern Washington cities, Yakima stormwater rates are the lowest in the comparison pool •:;> FCS GROUP "1a q :rl ti-( ln: n ra 1 8:t1,1111in2 Rate Increase Scenarios • Current 2014 Monthly Rate: $3.58 o Has not increased since 2011 Rate Increase Scenarios o Scenario 1: Smoothed rate increases o Scenario 2: "Right Size" initial increase, inflation -based after o Scenario 3: "Right Size" larger initial increase so no debt funding; inflation -based increases afterwards Stormwater Scenarios 2014 2015 216 2017 2018 2019 2020 211111 2022 2023 2024 Scenario 1 Current 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% Rate Smoothing $ 3.58 $3.91 $4.26 $4.64 $5.06 $5.51 $6.01 $6.55 $7.14 $7.78 $8.48 Scenario 2 Current 55.0% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% "Right - Size" $ 3.58 $5.55 $5.69 $5.84 $5.98 $6.13 $6.28 $6.44 $6.60 $6.77 $6.94 Scenario 3 Current 106.25% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% "Right - Size"; No Debt $ 3.58 $7.39 $7.58 $7.76 $7.96 $8.16 $8.36 $8.57 $8.79 $9.00 $9.23 •:>1'(1S GROUP Page 6 Recommendation Recommended alternative is Scenario 2 A 55% increase looks dramatic but represents $1.97/mo. o Stormwater charge small part of overall utility bill o Avoids close -to -double digit increases year after year o Rate smoothing results in heavy borrowing up front o Scenario 2 results in lowest monthly rate in 2024 Stormwater Scenarios 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Scenario 1 Current 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% 9.0% Rate Smoothing Scenario 2 $ 3.58 $3.91 $4.26 $4.64 $5.06 $5.51 $6.01 $6.55 $7.14 $7.78 $8.48 Current 55.0% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% "Right - Size" $ 3.58 $5.55 $5.69 $5.84 $5.98 $6.13 $6.28 $6.44 $6.60 $6.77 $6.94 Scenario 3 Current 106.25% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% "Right - Size"; No Debt $ 3.58 $7.39 $7.58 $7.76 $7.96 $8.16 $8.36 $8.57 $8.79 $9.00 $9.23 •:;> FCS G RC) U P iia q,:rllti-( lr. nrr:l 1 8:0,1111in2 WASTEWATER •:;> ICS G ROU P �nl, d unnk-[:)n: nx•rl I nn'.ull ing Overview Assumptions • Pretreatment Rates Strong Waste Surcharges Industrial Wastewater Rates • Wholesale Revenues Retail Rates - o If recommended rates are adopted for Pretreatment, Strong Waste and Industrial Rates, annual retail rate increases can be 3.0% per year •:;> FCS GROUP Revenue Requirement Overview 2015 revenues by source: Total Revenue Requirement $ 21,430,000 Less: Pretreatment (MIUs, Sills, Lab Fees) $ (970,000) Less: Strong Waste Surcharges $ (510,000) Less: Industrial Waste (IW) $ (1,610,000) Less: Wholesale Revenue $ (1,260,000) Less: Other Miscellaneous Revenues $ (140,000) Retail Rate Revenue Requirement $ 16,940,000 Totals may be off due to rounding. Includes wholesale share of cash -funded capital costs. • Four types of offsetting revenue large enough to make a big difference to the retail revenue requirement • Last rate study completed in 2011: recommended rates for offsetting revenue were either not implemented or reduced in scale and timing Ready -to -serve & volume charges increased 4-5% per year from 2012 to 2014 i 1 GROUP Pretreatment Monthly Charges • Previous study's cost recovery rates not adopted • Pretreatment charges currently under -recovering revenue requirement, shifting costs to retail o Currently under -recovering nearly $220,000 per year o New rates correct this shortfall by 2017 Recommend no outside city multiplier o Would only save inside customers <$0.50/ month while adding -$70 per month for three outside customers Recommend 3 -year phase-in to full cost recovery o 2015: 80% 1 2016: 90% 1 2017: 100% o Average 18% per year increase through 2017 Inside City Rate Outside City Rate $92.09 $102.32 $108.48 $108.48 201 017 2018 $127.79 $127.79 $150.24 $150.24 $156.76 $163.53 $201.61 $156.76 $163.53 $201.61 .�> l:cs GROUP Strong Waste Surcharges • Reduced flow and loadings increases unit costs o -5% decrease in high strength loadings from 2010 to 2013 o Projected reduction in BOD from Industrial Waste process • Update to treatment asset allocation Recommend no outside city multiplier Surcharge impacts in 2015: o BOD: 16% increase o TSS: 7%increase o FOG: 35% increase —Avoidable charge, hasn't changed since 2007 Cost •er Pound 2014 - 2018 BOD $0.4890 $0.5680 $0.5900 $0.6148 $0.6296 $0.6424 $0.6459 TSS $0.4910 $0.5266 $0.5470 $0.5700 $0.5837 $0.5956 $0.5988 FOG $0.2760 $0.3729 $0.3836 $0.3948 $0.4061 $0.4178 $0.4808 •:> !VS GROUP 11111 Industrial Wastewater (IW) Assumptions • Currently Serving: Del Monte, Seneca, Jewel, Noel Recoverable Costs from IW Rate: o Operations (labor, power, chemicals, nutrients) o Share of Interfund Services; city & state taxes Imputed debt service on original IW capital cost Volumetric rate per ccf, so pretreatment of BOD is not encouraged (BOD needed for city process) • City process removes 80% of BOD, no effect on TSS IW effluent treated in conventional WWTP o IW customers pay 60% Ready -to -Serve, 60% volume rates o IW effluent is charged 1000 of strong waste surcharges but the process results in much lower amounts of BOD •> FCS GROUP Industrial Wastewater Rates Industrial Wastewater Influent Rate per CCF Effluent Treatment Rates Ready -to -Serve Charges Rate per CCF (Effluent) $7.69 $7.77 $7.84 60% of applicable meter size charge $3.01 $1.87 $1.93 $1.99 100% of Strong Waste Surcharges Per Pound of BOD Per Pound of TSS Per Pound of FOG $0.4890 $0.4910 $0.2760 $0.5680 $0.5266 $0.3729 $0.5900 $0.5470 $0.3836 $0.6148 $0.5700 $0.3948 $7.92 $8.00 $2.05 $2.11 $0.6296 $0.5837 $0.4061 $0.6424 $0.5956 $0.4178 $8.43 $2.45 $0.6459 $0.5988 $0.4808 For most IW customers, 80-90% of their current bill consists of BOD surcharge Reducing the amount of BOD by 80% offsets the higher per-ccf rate • 1 ♦ 1 •:;> 1'(_.S GROUP Industrial Wastewater Impacts Based on projected flow/loadings provided by staff: o Three of the existing IW customers would save money (Rough estimates: Del Monte $320,000; Seneca $70,000; & Jewel $70,000) o Noel would pay nearly $30,000 more because its BOD loadings relative to total bill are less than others Recommend implementing capped IW rates Eliminates financial risk to new IW customers by limiting total bill to what it would be under normal rates - For example, if a customer would pay $100,000 in 2015 under current rates but would pay $130,000 under new IW rate structure, they would be billed $100,000 o Low financial risk to city, because we control who is allowed to or required to connect to IW line o Reconciles two city goals: recover full cost of IW process, but avoid penalizing customers we want to connect to IW Wholesale Revenue • Four -party agreement being replaced by three - party agreement; expected to generate more revenue • We did not provide in-depth analysis/review • Current version of agreement projected to generate nearly $1.2 million / year o 40% increase when compared to past years o Uncertainty due to lack of financial history- working draft agreement in effect only since January 2014 • If projected revenue does not materialize but stays at historical levels, additional one-time 2% increase would be needed %1.111 GROUP Retail Rates • Annual revenue adjustments of 3.0% per year allow full funding of capital program and O&M requirements Depends on implementation of recommended increases for pretreatment, strong waste, and IW Rates redesigned so that outside multiplier is 1.50 o Current multiple ranges from 1.41 - 1.52 Retail Wastewater Rates 2014 2018 2019 Annual Increases Single Family Bill @ 6 ccf/mo $38.68 3.00% $39.84 3.00% $41.03 3.00% $42.26 $43.53 $44.84 $51.98 3.00% 3.00% 3.00% •:;> 1:CS GROUP Retail Rate SchedulP Recommend that only inside -city rates be stated in ordinance, with language stating that outside -city rates are 1.50 times inside -city rates : F CS GRC) UI' �n{,d,i i-t_m:,rrrl { nn'.ulltng 2017 201• Inside City Rates 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 0.75 in. $20.62 $21.23 $21.87 $22.53 $23.20 $23.90 $27.71 1 in. $25.25 $26.00 $26.78 $27.59 $28.41 $29.27 $33.93 1.5 in. $31.61 $32.55 $33.53 $34.53 $35.57 $36.64 $42.47 2 in. $48.78 $50.23 $51.74 $53.29 $54.89 $56.54 $65.54 3 in. $175.15 $180.37 $185.78 $191.36 $197.10 $203.01 $235.34 4 in. $222.03 $228.65 $235.51 $242.57 $249.85 $257.35 $298.33 6 in. $331.40 $341.28 $351.52 $362.06 $372.92 $384.11 $445.29 8 in. $456.09 $469.68 $483.78 $498.29 $513.24 $528.63 $612.83 10 i n . $908.67 $935.75 $963.83 $992.74 $1,022.52 $1,053.20 $1,220.95 Volume Rate per CCF $3.01 $3.10 $3.19 $3.29 $3.39 $3.49 $4.05 Recommend that only inside -city rates be stated in ordinance, with language stating that outside -city rates are 1.50 times inside -city rates : F CS GRC) UI' �n{,d,i i-t_m:,rrrl { nn'.ulltng 1 Wastewater Rate Survey (June 2014) Single Family Residential # Jurisdiction Monthly Wastewater Rate 1 Wenatchee 2 Pasco 3 Richland 4 Ellensburg 5 Moses Lake 6 Pullman 7 Yakima 2014 8 Yakima 2015 9 West Richland 10 Cle Elum 11 Walla Walla 12 Roslyn $23.22 $24.80 $25.60 $32.43 $32.70 $38.15 $38.68 $39.84 $42.00 $44.65 $52.10 $57.22 *Assumes 6 ccf of flow where applicable •:;> I'C;S GRC)UP' r•d I nn'.ullirt Summary - Stormwater High capital requirements • Current rate lower than other jurisdictions, allows only minimal capital investment • Need to choose strategy for rate increases Recommend Scenario 2: In 2015, a 55% equals a $1.97 increase per month then 2.5% per year • 1 ♦ 1 •:;> 1'(_.S GROUP Summary -Wastewater Three years of 18% increases to pretreatment charge • Strong waste surcharges o One-time increases: BOD 16%, TSS 7%, FOG 35% o Inflation -based increases thereafter • New IW process with capped rates • New wholesale agreement expected to generate more revenue • If above increases are implemented, retail rates increase at 3% per year • Combined 2015 monthly single family stormwater & wastewater charge increases from $42.26 to $45.39 o Increase of $3.13 in 2015 (7.4% increase); 2.9% per year after %�''cs GROUP PRETREATMENT PROGRAM • Removes pollutants from commercial/industrial wastewater before discharge to the City's Wastewater System. • Protects the Wastewater Treatment Plant • Designed to treat household wastes, not commercial/industrial wastes. • Business that creates the pollutants pays for pretreatment. • Mitigates pollution to the groundwater and aquatic ecosystem. • Enforces City, State, and Federal Regulations. The Law • 1972 Clean Water Act created National Pollutant Discharge Elimination System (NPDES) Permit Program — Requires that our WWTP obtain an NPDES permit — Established penalties for non compliance with NPDES permits — Established the National Pretreatment Program to address businesses/industries that discharge to the WWTP. • Defines types of businesses that must participate in pretreatment program. • Yakima's Pretreatment program MUST ENFORCE all state and national pretreatment standards and NPDES requirements fairly and consistently, upon all businesses and indirect dischargers. Penalties Under the Law • Penalties for Violating Permit Conditions: Any City employee (person) who is found guilty of willfully violation the terms and conditions of this permit may be punished by a fine of up to $10,000 and costs of prosecution, by imprisonment, or by both. Any person who violates the terms and conditions of this permit may incur, in addition to any other penalty, a civil penalty in the amount of up to $10,000 for every such violation Objectives of the Pretreatment Program • Protect the health of our community and river ecosystem • Comply with City, State, and Federal Regulations • Protect WWTP from damage • Prevent pollution of the Yakima River and ground water Pretreatment Program Requirements • Ability to deny or condition discharges to Treatment Plant • Require compliance with Pretreatment Stds • Control industrial discharges through permits, compliance orders • Inspect Industrial Users • Comply with confidentiality standards Businesses Required to Participate • FOOD ESTABLISHMENTS: Restaurants, Cafeterias (Schools, Hospitals, etc.), Convenience stores , Bars/Taverns (prepare/serve food), Grocery Stores, Delis, Butcher Shops, Ice Cream Parlors, Bakeries • LAUNDRY FACILITIES: Laundromats, Hotels/motels, Dry Cleaners • CLINICS: Medical, Dental, Chiropractic, Veterinary • AUTOMOTIVE: Car Washes, Detailers, Repair Shops, Auto Body Shops, Paint Shops, Radiator Shops, Lube/Oil Services • AGRICULTURAL: Controlled Atmosphere, Agriculture Products/Chemicals • MISCELLANEOUS: Metal Fabricators, Photo Finishing Shops, Industrial Manufacturers, Print Shops, Others that discharge pollutants specified in Law Concerns About Existing Program: Compliance and Consistency Issues • Clarify and streamline program requirements, compliance, and inspection procedures. — New flow charts, checklist, etc. • At least 250 businesses that should be included in the program that are not currently participating. • Challenges in retrofitting old buildings so that tenants can participate. • Educating businesses as to requirements and best management practices to decrease cost. Implementation Schedule October 2014 - Notify non -participating businesses October 2014 —March 2015 - Provide information and Technical assistance to bring businesses into program. March 2015 - Compliant with Federal, State and Local Regulations Ongoing - Work with DOE to address issues such as retrofit of older buildings for sample ports and intermittent discharges (latte stands / food trucks) tstimated Lost for existing businesses to become compliant - $3,500 NO PERMIT REQUIRED 1 OR BMPs PROGRAM NC WASTE STREAM IS BETWEEN 100GPD — 5000GPD 7,] IS YOUR BUSINESS IN THE YAKIMA LIMITS? YES DO YOU PERFORM A CATEGORICAL PROCESS? �N4 YES V WILL YOU BE DISCHARGING A WASTEWATER STREAM TO SEWER? ne YES NO iCCTIEEK OTHER Ml1NIC.ALR E3 IDONT KNOW YFS WASTE STREAM IS BETWEEN 5000GPD- 25000GPD WILL YOU BE DISCHARGING FOGS, BOD, TSS, OR CHEMICALS of CONCERN? Y5 MINOR INDUSTRIAL USER (MIU) PERMIT REQUI RED >•wn.gn6:nr WASTE STREAM IS 25000GPD OR GREATER L J SIGNIFICANT INDUSTRIAL USER {SIU) PERMIT REQUIRED MINOR INDUSTRIAL USER CM IU) PERMIT REQUI RED 1 v•ww.epedoY US GOVERNMErgI INFORMATION GPO Environmental Protection Agency particular Industrial User's Discharge Overflows between the Industrial 'User and. the POTW Treatment Pl.ant; and. (ii) The POTW is complying with all NPDES permit requirements and any. additional requirements in any order or decree, issued pursuant to the Clean Water Act affecting combined sewer overflows. These requirements include, but are not limited to, any combined. sewer overflow requirements that con- form to the Combined Sewer Overflow Control Policy. 149 31221, Aug. 3, 1984; as amended at 51 111, 20430, June 4, 1986; 53 42435, Nov. 5, 1987; 58 FR 9386, Feb, 19, 1903; 58 1 11 18017, Apr. 7, 1993; 70 Fit 60193, Oct. 14, 2005] § 403.8 Pretreatment Program Re- quirements: Development and Im- plementation by POTW. (a) POT Ws required to develop a pretreatment program. Any POTW (or combination of POTWs operated by the same authority) with a total design flow greater than 5 million gallons per day (mgd) and receiving from. Indus- trial Users pollutants which Pass Through or Interfere with the oper- ation of the POTW or are otherwise subject to Pretreatment Standards will be required to establish a POTW Pretreatment Program unless th.e NPDES State exercises its option to assume local responsibilities as pro- vided for in §403.10(e). The Regional Administrator or Director may require that a POTW with a design flow of 5 mgd or less develop a POTW Pretreatment Program if he or she finds that the nature or volume of the industrial influent, treatment process upsets, violations of POTW effluent limitations, contamination of munic- ipal sludge, or other circumstances warrant in order to prevent Inter- ference with the POTW or Pass Through. (b) Deadline for Program Approval. A POTW which meets the criteria of paragraph (a) of this section must re- ceive approval of a POTW Pretreatment Program no later than 3 years after the reissuance or modifica- tion of its existing NPDES permit but in no case later than July 1, 1983. POTWs whose NPDES permits are modified under section 301(h) of the Act shall have a Pretreatment Program 27 § 403.8 within three (3) years as provided for in 40 CFR part 125, subpart G. POTWs identified after July 1. 1983 as being re- quired to develop a POTW Pretreatm.ent Program under para- graph (a) of this section shall develop and submit such a program for ap- proval as soon as possible, but in no case later than one year after written. notification from the Approval Author- ity of such identification. The POTW Pretreatment Program shall meet the criteria set forth in paragraph (f) of this section and shall be administered by the POTW to ensure compliance by Industrial Users with applicable Pretreatment Standards and Require- ments. (c) Incorporation of approved programs in permits. A POTW may develop an ap- propriate POTW Pretreatment Pro- gram any time before the time limit set forth in paragraph (h) of this sec- tion, The POTW's NPDES Permit will be reissued or modified by the NPDES State or EPA to incorporate the ap- proved Program as enforceable condi- tions of the Permit. The modification of a POTW's NPDES Permit for the purposes of incorporating a POTW Pretreatment Programapproved in ac- cordance with the procedure in §403.11. shall be deemed a minor Permit modi- fication subject to the procedures in 40 CFR 122.63. (d) Incorporation of compliance sched- ules in permits. [Reserved] (e) Cause for reissuance or lnoctification of Permits. Under the authority of sec- tion 402(b)(1.1(C) of the Act, the Ap- proval Authority may modify, or alter- natively, revoke and reissue a POTW"s Permit in order to: (1) Put the POTW on a compliance schedule for the development of a POTW Pretreatment Program where the addition of pollutants into a POTW by an Industrial User or combina,tion. of Indu.strial Users presents a substan- tial hazard to the functioning of the treatment works, quality of the receiv- ing waters, human health, or th.e envi- ronment: (2) Coordinate the issuance of a sec- tion 201 construction grant with the in- corporation into a permit of a compli- ance schedule for POTW Pretreatment Program: § 403.8 (3) Incorporate a modification. of the permit approved under section 301(h) or 301(1) of the Act; (4) Incorporate an approved POTW Pretreatment Program in the POTW permit: or (5) Incorporate a compliance schedule for the development of a POTW 'pretreatment program in the POTW permit. (6) Incorporate the removal credits (established under §403.7) in the POTW permit. (f) POTW pretreatment requirements. A POTW pretreatment program must be based on the following legal authority and include the following procedures. These authorities and procedures shall at all times be fully and effectively ex- ercised and implemented. (1) Legal authority. The POTW shall operate pursuant to legal authority en- forceable in Federal, State or local courts, which authorizes or enables the POTW to apply and to enforce the re- quirements of sections 307 lb) and (c), and 402(b)(8) of the Act and any regula- tions implementingthose sections. Such authority may be contained in a statute, ordinance, or series of con- tracts or joint powers agreements which the POTW is authorized to enact, enter into or implement, and which are authorized by State law. At a minimum., this legal authority shall enable the POTW to: (i) Deny or condition new or in- creased contributions of pollutants, or changes in the nature of pollutants, to the POTW by Inclustrial Users where such contributions do not meet appli- cable Pretreatment Standards and Re- quirements or where such contribu- tions would cause the POTW to violate its NPDES permit; (11) Require compliance with applica- ble Pretreatment Standards and Re- quirements by Industrial Users; (iii) Control through Permit, order, or similar means, the contribution to the POTW by each Inclustrial User to ensure compliance with applicable Pretreatment Standards and Require- ments. In the case of Industrial Users identified as significant under §403.3(v), this control shall be achieved through individual permits or equivalent indi- vidual control mechanisms issued to each such User except as follows. 28 40 CFR Ch. 1 (7-1-12 Edition) (Mg) At the discretion of the POTW, this control. may include use of general control mechanisms if the following conditions are met. All of the facilities to be covered must: (r) Involve the same or substantially similar types of operations; )i) Discharge the same types of wastes: (iii) Require the same effluent limita- tions; (iv) Require the same or similar mon- itoring; and (v) In the opinion of the POTW, are more appropriately controlled under a general control mechanism than under individual control mechanisms. (2) To be covered by the general con- trol mechanism, the Significant Indus- trial User must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general control mechanism, any re- quests in accordance with §403.12(e)(2) for a monitoring waiver for a pollutant neither present nor expected to be present in the Discharge, and any other information the POTW deems appro- priate. A monitoring, waiver for a pol- lutant neither present nor expected to be present in the Discharge is not effec- tive in the general control mechanism until. after the POTW has provided written notice to the Significant Indus- trial User that such a waiver request has been granted in accordance with §403.12(e)(2). The POTW must retain a copy of the general control mechanism, documentation to support the POTW's determination that a specific Signifi- cant Industrial User meets the criteria in paragraphs (f)(1)(iii.)(AR1 through (5) of this section, and a copy of the User's written request for coverage for 3 years after the expiration of the gen- eral control mechanism. A POTW may not control a Significant industrial User through a general control mecha- nism where the facility is subject to production -based categorical Pretreatment Standards or categorical Pretreatment Standards expressed as mass of pollutant discharged per day or for Industrial Users whose limits are based on the Combined Wastestrearn Formula or Net/Gross calculations (§§403.6(e) and 403.15). Environmental Protection Agency (B) Both individual and general con- trol mechanisms must be enforceable and contain, at a minimum, the fol- lowing conditions: (.1) Statement of duration (in no case more than five years): (2) Statement of non -transferability without, at a minimum, prior notifica- tion to the POTW and provision of a copy of the existing control mechanism to the new owner or operator; (3) Effluent limits, including Best Management Practices, based on appli- cable general Pretreatment Standards in part 403 of this chapter, categorical Pretreatment Standards, local limits, and State and local law; (4) Self-monitoring, sampling, report- ing, notification and recordkeeping re- quirements, including an identification. of the pollutants to he monitored (in- cluding the process for seeking a waiv- er for a pollutant neither present nor expected to be present in the Discharge in accordance with §403.12(e)(2), or a specific waived pollutant in the case of an individual control m.echanism), sampling location, sampling frequency, and sample type, based on the applica- ble general Pretreatment Standards in part 403 of this chapter, categorical Pretreatment Standards, local limits, and State and local law; (5) Statement of applicable civil and criminal penalties for violation of Pretreatment Standards and require- ments, and any applicable compliance schedule. Such schedules may not ex- tend the compliance date beyond appli- cable federal deadlines; (6) Requirements to control Slug Dis- charges, if determined by the POTW to be necessary. (iv) Require (A) the development of a compliance schedule by each Industrial User for the installation of technology required to meet applicable Pretreatment Standards and Require- ments and (B) the submission of all no- tices and self-monitoring reports from Industrial Users as are necessary to as- sess and assure compliance by Indus- trial Users with Pretreatment Stand- ards and Requirements, including but not limited to the reports required in. §403.12. (v) Carry out all inspection, surveil- lance and monitoring procedures nec- essary to determine, independent of in - 29 § 403.8 formation supplied by Industrial Users, compliance or noncompliance with ap- plicable Pretreatment Standards and Requirements by Industrial Users. Rep- resentatives of the POTW shall be au- thorized to enter any premises of any. Industrial User in which a Discharge source or treatment system is located or in which records are required to be kept under §403.12(o) to assure compli- ance with Pretreatment Standards. Such authority shall he at least as ex- tensive as the authority provided under section 308 of the Act; (vi )(A( Obtain remedies for non- compliance by any Industrial User with any Pretreatment Standard and Re- quirement. All POTW's shall be able to seek injunctive relief for noncompli- ance by Industrial Users with Pretreatment Standards and Require- ments. All POTWs shall also have au- thority to seek or' assess civil or crimi- nal penalties in at least the amount of $1,000 a day for each violation by Indus- trial Users of Pretreatment Standards and Requirements. (B) Pretreatment requirements which will be enforced through the remedies set forth in paragraph (f)(1)(vi)(A) of this section, will include but not be limited to, the duty to allow or carry out inspections, entry, or monitoring activities; any rules, regulations, or or- ders issued by the POTW; any require- ments set forth in control mechanisms issued by the POTW; or any reporting requirements imposed by the POTW or these regulations in this part. The POTW shall have authority and proce- dures (after informal notice to the dis- charger) immediately and effectively to halt or prevent any discharge of pol- lutants to the POTW which reasonably appears to present an imminent endangerment to the health or welfare of persons. The POTW shall also have authority and procedures (which shall include notice to the affected indus- trial users and an opportunity to re- spond) to halt or prevent any discharge to the POTW which presents or may present an endangerment to the envi- ronment or which threatens to inter- fere with the operation of the POTW. The Approval Authority shall have au- thority to seek judicial relief and may also use administrative penalty au- thority when the POTW has sought a § 403.8 m.onetary penalty which the Approval Authority believes to be :insufficient. (vii) Comply with the confidentiality requirements set forth in §403.14. (2) Procedures. The POTW shall de- velop and implement procedures to en- sure compliance with the requirements of a Pretreatment Program, At a min- imum, these procedures shall enable the POTW to: (1) Identify and locate all possible In- dustrial Users which might be subject to the POTW Pretreatment Program. Any compilation, index or inventory of Industrial Users made under this para- graph shall be made available to the Regional Administrator or Director upon request: OD Identify the character and vol- ume of pollutants contributed to the POTW by the Industrial Users identi- fied under paragraph (f)(2)(i) of this section. This information shall be made available to the Regional Admin- istrator or Director upon request; (iii) Notify Industrial Users identi- fied under paragraph (1)(2)(i) of this section, of applicable Pretreatment Standards and any applicable require- ments under sections 204(1)) and 405 of the Act and subtitles C and D of the Resource Conservation and Recovery Act, Within 30 days of approval pursu- ant to 40 CFR 403.8(f)(6), of a list of sig- nificant industrial users, notify each significant industrial user of its status as such and of all requirements appli- cable to it as a result of such status. (iv) Receive and analyze self-moni- toring reports an.dother notices sub- mitted by Industrial Users in accord- ance with the self-monitoring require- ments in §403.12, (v) Randomly sample and analyze the effluent; from Industrial Users and con- duct surveillance activities in order to identify, independent of information supplied by Industrial Users, occa- sional and continuing noncompliance with Pretreatment Standards. Inspect and sample th.e effluent from each Sig- nificant Industrial User at least once a year, except as otherwise specified below: (A) Where the POTW has authorized the Industrial User subject to a cat- egorical Pretreatment Standard to forego sampling of a pollutant regu- lated by a categorical Pretreatment 30 40 CFR Ch. 1 (7-1-12 Edition) Standard in accordance with §403.1.2(e)(3), the POTW must sample for the waived pollutant(s) at least once during the term of the Categorical Industrial User's control mechanism. In the event that the POTW subse- quently determines that a waived pol- lutant is present or is expected to be present in the Industrial User's waste- water based on changes that occur in the User's operations, the POTW must immediately begin at least annual ef- fluent monitoring of the User's Dis- charge and inspection. (B) Where the POTW has determined. that an Industrial User meets the cri- teria for classification as a Non -Sig- nificant Categorical Industrial User, the POTW must evaluate, at least once per year, whether an Industrial User continues to meet the criteria in § 403.3( v )(2 1. (C) In the case of Industrial User's subject to reduced reporting require- ments under §403.12(e)(3), the POTW must randomly sample and analyze the effluent from Industrial Users and con- duct inspections at least once every two years. If the Industrial User no longer meets the conditions for reduced reporting in §403.12(e)(3), the POTW must immediately begin sampling and inspecting the Industrial User at least once a year. (vi) Evaluate whether each such Sig- nificant Industrial User needs a plan or other action to control Slug Dis- charges. For Industrial Users identified as significant prior to November 14, 2005, this evaluation must have been conducted at least once by October 14, 2006: additional Significant Industrial Users must be evaluated within 1 year of being designated a Significant In- dustrial User. For purposes of this sub- section, a Slug Discharge is any Dis- charge of a non -routine, episodic na- ture. including but not limited to an accidental spill or a non -customary batch Discharge, which has a reason- able potential to cause interference or Pass Through, or in any other way vio- late the POTW's regulations, local lim- its or Permit conditions. The results of such activities shall be available to the Approval Authority upon request. Sig- nificant Industrial Users are required to notify the POTW immediately of Environmental Protection Agency any changes at its facility affecting po- tential for a Slug Discharge. If the POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements: (A) Description of discharge prac- tices, including non -routine batch Dis- charges; (B) Description of stored chemicals; (C.) Procedures for immediately noti- fying the POTW of Slug Discharges, in- cluding any Discharge that would vio- late a prohibition under §403.5(b) with procedures for follow-up written notifi- cation within five days; (D) If necessary, procedures to pre- vent adverse impact from accidental spills, including inspection and mainte- nance of storage areas, handling and transfer of materials, loading and un- loading operations, control of plant site run-off, worker training, 'building of containment structures or equip- ment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response; (vii.) Investigate instances of non- complian.ce with Pretreatment Stand- ards and Requirements, as indicated in the reports and notices required under §403.12, or indicated by analysis, in- spection, and surveillance activities described in paragraph. (f)(2)(v) of this section. Sample taking and analysis and the collection of other information shall be performed with sufficient care to produce evidence admissible in en- forcement proceedings or in judicial actions; and (viii) Comply with the public partici- pation requirements of 40 CFR part 25 in the enforcement of National Pretreatment Standards. These proce- dures shall include provision for at least annual public notification in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW of Industrial Users which, at any time during the previous 12 months, were in significant noncompli- ance with applicable Pretreatment re- quirements. For the purposes of this provision, a Significant Industrial User (or any Industrial User which violates paragraphs ( f)(2)iviii)(C), (I)), or (H) of this section is in significant non - 31 § 403.8 compliance if its violation meets one or more of the following criteria: (A) Chronic violations of wastewater Discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter during a 6 -month period exceed (by any magnitude) a nu- meric Pretreatment Standard or Re- quirement, including instantaneous limits, as defined by 40 CFR 403.3(1); (B) Technical Review Criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pol- lutant parameter during a 6 -month pe- riod equal or exceed the product of the numeric Pretreatment Standard or Re- quirement including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC=1.4 for BOD. TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH); (C) Any other violation of a Pretreatment Standard or Require- ment as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative Standard) that the POTW determines has caused, alone or in combination with other Discharges. Interference or Pass Through (including endangering the health of POTW personnel or the general public); (D) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the envi- ronment or has resulted in the POTW's exercise of its emergency authority under paragraph (f)(1.1(vi)(B) of this sec- tion to halt or prevent such a dis- charge; (E) Failure to meet, within 90 days after the schedule date. a compliance schedule milestone contained in a local. control mechanism or enforcement order for starting construction, com- pleting construction, or attaining final compliance; (F) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90 - day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules; (G) Failure to accurately report non- compliance; § 403.9 (H) Any other violation or group of violations, which may .include a viola- tion of Best Management Practices, which the POTW determines will ad- versely affect the operation or imple- mentation of the local Pretreatment program, (3) Funding. The POTW shall have sufficient resources and qualified per- sonnel to carry out the authorities and procedures described in paragraphs (f) (1) and. (2) of this section. In some lim- ited circumstances, funding and per- sonnel may be delayed where (1) the POTW has adequate legal authority and procedures to carry out the Pretreatment Program requirements described in this section, and (ii) a lim- ited aspect of the Program does not need to be implemented immediately (see §403.9(b)). (4) Local limits. The POTW shall de- velop local limits as required in §403.5(c)(1), or demonstrate that they. are not necessary. (5) The POTW shall develop and im- plement an enforcement response plan. This plan shall. contain detailed proce- dures indicating: how a POTW will in- vestigate and. respond to instances of industrial user noncompliance, The plan shall, at a minimum: (i) Describe how the POTW will in- vestigate instances of noncompliance; (ii) Describe the types of escalating enforcement responses the POTW will take in response to all anticipated types of industrial user violations and the time periods within which re- sponses will take place; (iii) Identify (by title) the official) 5) responsible for each type of response; (iv) Adequately reflect the POTW's primary responsibility to enforce all applicable pretreatment requirements and standards, as detailed in 40 CFR 403.8 (f)(I) and (f)(2). (6) The POTW shall prepare and maintain a list of its Industrial Users meeting the criteria in §403.3(v6 1). The list shall identify the criteria in §403.3(v)(I.) applicable to each Indus- trial User and., where applicable, shall also .indicate whether the POTW has made a d.eterminationpursuant to §403.3(v42) that such Industrial User should not be considered a Significant Industrial User. The initial list shall be submitted to the Approval Authority 32 40 CFR Ch. 1 (7-1-12 Edition) pursuant to §403.9 or as a non -substan- tial modification pursuant to §403.18(d). Modifications to the list shall be submitted to the Approval Au- thority pursuant to §403.12(i)(1). (g) A POTW that chooses to receive electronic documents must satisfy the requirements of 40 CFR part 3 --(Elec- tronic reporting:). 146 FR 9439, Jan. 28, 1981, as amended at 49 FR 31224, Aug. 3, 1984; 51 FR 20429, 20430„Iune 4, 1986; 51 FR 23759, July 1, 1986; 53 FR 40612, Oct. 17, 1988; 55 FR 30129, July 24, 1990; 58 FR 18017, Apr. 7, 1993; 60 FR 33932, June 29, 1995; 62 FR 38414, July 17, 1997; 70 FR 59889, Oct. 13, 2005; 70 FR 60193, Oct. 14, 2005] § 403.9 POTW pretreatment programs and/or authorization to revise pretreatment standards: Submis- sion for approval. (a) Who approves Program. A POTW requesting approval of a POTW Pretreatment Program shall develop a program description which includes the information set forth in paragraphs (b)(1) through (4) of this section. This description shall be submitted to the Approval Authority which will make a determination on the request for pro- gram approval in accordance with the procedures described in §403.1.1. (b) Contents of POTW program submis- sion. The program description must contain the following information: (1) A statement from the City Solic- itor or a city official acting in a com- parable capacity (or the attorney for those POTWs which have independent legal counsel) that the POTW has au- thority adequate to carry out the pro- grams described in §403.8. This state- ment shall: (i) Identify the provision of the legal authority under §403.8(f)(1) which pro- vides the basis for each procedure under §403.8(f)(2); (ii) Identify the manner in which the POTW will implement the program re- quirements set forth in §403.8, includ- ing the means by which Pretreatment Standards will be applied to individual. Industrial Users (e.g., by order, permit, ordinance, etc.); and, (iii) Identify how the POTW intends to ensure compliance with Pretreatment Standards and Require- ments, and to enforce them in the event of noncompliance by Industrial Users; Page 26 of 55 Permit No. WA0024023 S6. Pretreatment S6.A. General Requirements 1, The Permittee must implement the Industrial Pretreatment Program in accordance with the legal authorities, policies, procedures, and financial provisions described in the Permittee's approved pretreatment program submittal entitled "Industrial Pretreatment Program" dated and approved May 3, 2010 ; any approved revisions thereto.; and the General Pretreatment Regulations (40 CFR Part 403). At a minimum, the Permittee must undertake the following pretreatment implementation activities: a. Enforce categorical pretreatment standards under Section 307(b) and (c) of the Federal Clean Water Act (hereinafter, the Act), prohibited discharge standards as set forth in 40 CFR 403.5, local limits specified in Section 7.65.070 of Ordinance NO. 2000-19, or state standards, whichever are most stringent or apply at the time of issuance or modification of a local industrial waste discharge permit. Locally -derived limits are defined as pretreatment standards under Section 307(d) of the Act and are not limited to categorical industrial facilities. b. Issue industrial waste discharge permits to all significant industrial users SIUs, as defined in 40 CFR 403.3(t)(i)(ii)] contributing to the treatment system, except those from other jurisdictions, which are under Department of Ecology purview. Industrial waste discharge permits must contain, as a minimum, all the requirements of 40 CFR 403.8 (I)(1)(iii). The Permittee must coordinate the permitting process with Ecology regarding any industrial facility that may possess a State Waste Discharge Permit issued by Ecology. Once issued, an industrial waste discharge permit takes precedence over a state -issued waste discharge permit. Ecology remains the control authority and retains the responsibility of writing, issuing, and enforcing wastewater treatment permits to SIUs outside the City of Yakima's limits including, Union Gap, Terrace heights, and the City of Moxce. c. Maintain and update, as necessary, records identifying the nature, character, and volume of pollutants contributed by industrial users to the POTW. The Permittee must maintain records for at least a three-year period. d. Perform inspections, surveillance, and monitoring activities on industrial users to determine or confirm compliance with pretreatment standards and requirements. The Permittee must conduct a thorough inspection of SIUs annually. The Permittee must conduct regular local monitoring of SIU wastewaters commensurate with the character and volume of the wastewater but not less than once per year. The Permittee must collect Page 27 of 55 Permit No, WA0024023 and analyze samples in accordance with 40 CFR Part 403,12(b)(5)(ii)-(v) and 40 CFR Part 136. e. Enforce and obtain remedies for noncompliance by any industrial users with applicable pretreatment standards and requirements. Once it identifies violations) the Permittee must take timely and appropriate enforcement action to address the noncompliance. The Permittee's action must follow its enforcement response procedures and any amendments, thereof. f. Publish, at least annually in the largest daily newspaper in the Permittees service area, a list of all non-domestic users which, at any time in the previous 12 months, were in significant noncompliance as defined in 40 CFR 403.8(f)(2)(vii). g, if the Permittee elects to conduct sampling of an S1U's discharge in lieu of requiring user self-monitoring, it must satisfy all requirements of 40 CFR Part 403,12. This includes monitoring and record keeping requirements of Sections 403.12(g) and (o). For SIUs subject to categorical standards (Otis), the Permittee may either complete baseline and initial compliance reports for the CIU (when required by 403.12(b) and (d)) or require these of the C1U, The Permittee nmst ensure that it provides S1Us the results of sampling in a timely manner, inform SIUs of their right to sample, their obligations to report any sampling they do, to respond to non-compliance, and to submit other notifications. These include a slug load report (403.12(1)), notice of changed discharge (403.12(j)), and hazardous waste notifications (403.12(0). Ifsampling for the SIU, the Permittee must not sample less than once, in every six-month period unless the Permittee's approved program includes procedures for reduction of monitoring for Middle -Tier or Non -Significant Categorical Users per 403.12(e)(2) and (3) and those procedures have been followed. h. Develop and maintain a data management system de:signed to track the status of the Permittce's industrial user inventory, industrial user discharge characteristics, and compliance status. i. Maintain adequate staff, funds, and equipment to implement its pretreatment program. Establish, where necessary, contracts or legally binding agreements with contributing jurisdictions to ensure compliance with applicable pretreatment requirements by commercial or industrial users within these jurisdictions. These contracts or agreements must identify the agency responsible to perform the various implementation and enforcement activities in the contributing jurisdiction. In addition, the Permittee must develop a Memorandum of Understanding (Four Party Agreement) that outlines the specific roles, responsibilities, and pretreatment activities of each jurisdiction. Page 28 of 55 Permit No. WA0024023 2. The Permittee must implement the Accidental Spill Prevention Program that satisfies the requirements of 40 CFR 403.8(0(2)(v) as described in the approved industrial Pretreatment Program dated and approved June 15, 2003. 3 The Permittee must develop and submit to Ecology for approval, an updated Accidental Spill Prevention Program as needed. The Permittee must submit a paper copy and an electronic copy (preferably as a PDF). The program must include a schedule for implementation. The Ecology -approved program becomes an enforceable part of these permit conditions. 4. The Permittee must evaluate, at least once every two years, whether each Significant Industrial User needs a plan to control slug discharges. For purposes of this section, a slug discharge is any discharge of a non -routine, episodic nature, including but not limited to an accidental spill or non -customary batch discharge. The Permittee must make the results of this evahmtion available to Ecology upon request. If the Permittee decides that a slug control plan is needed, the plan must contain, at a minimum, the following elements: a. Description of discharge practices, including non -routine batch discharges. b. Description of stored chemicals. c. Procedures for immediately notifying the Permittee of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days. d. If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials„ loading and unloading operations, control of plant site run-ofT, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment necessary for emergency response. 5. Whenever Ecology determines that any waste source contributes pollutants to the Permittee's treatment works in violation of Section (b), (c), or (d) of Section 307 of the Act, and the Permittee has not taken adequate corrective action, Ecology will notify the Permittee of this determination. If the Permittee fails to take appropriate enforcement action within 30 days of this notification, Ecology may take appropriate enforcement action against the source or the Permittee. 6. The Permittee must provide to Ecology an annual report that briefly describes its program activities during the previous calendar year. By April 15th of each year, the Permittee must send the annual report, both a paper copy and an electronic copy (in PDF format), to Ecology at: Page 29 of 55 Permit No. WA0024023 Water Quality Permit Coordinator Department of Ecology Central Regional Office 15 West Yakima Avenue, Suite 200 Yakima, WA 98902 The report must include the foliowing information: a. An updated non-domestic inventory. b. Results of wastewater sampling at the treatment plant as specified in Special Condition SIX The Permittee must calculate removal rates for each pollutant and evaluate the adequacy of the existing local limits in Section 7.65.070 of Ordinance 2000-19 in prevention of treatment plant interference, pass through of pollutants that could affect receiving water quality, and sludge contamination. c. Status of program implementation, including: 1 • Any substantial modifications to the pretreatment program as originally approved by Ecology, including staffing and funding levels, Any interference, upset, or permit violations experienced at the POTW that are directly attributable to wastes from industrial users. Listing of industrial users inspected and/or monitored, and a summary of the results. Listing of industrial users scheduled for inspection and/or monitoring for the next year, and expected frequencies. Listing of industrial users notified of promulgated pretreatment standards and/or local standards as required in 40 CFR 403.8(0(2)00, The list must indicate which industrial users are on compliance schedules and the final date of compliance for each. Listing of industrial users issued industrial waste discharge permits. Planned changes in the approved local pretreatment program. (See Subsection A.7, below) d. Status of compliance activities, including: Listing of industrial users that failed to submit baseline monitoring reports or any other reports required under 40 CFR 403.12 and in Exhibit J of the Permittee's pretreatment program, dated and approved May 3, 2010. Listing of industrial users that were at any time during the reporting period not complying with federal, state, or local pretreatment Page 30 of 55 Permit No. WA0024023 standards or with applicable compliance schedules lbr achieving those standards, and the duration of such noncompliance. Summary of enforcement activities and other corrective actions taken or planned against non -complying industrial users. The Permittee must supply to Ecology a copy of the public notice of facilities that were in significant noncompliance. Under the Four Party Agreement with the City of Yakima, The Cities of Terrace Heights , Union Gap and Moxie are required to submit an annual survey of industrial users discharging to the respective city's collection system and ultimately to the Yakima POTW. 7. The Permittee must request and obtain approval from Ecology before making any significant changes to the approved local pretreatment program. The Permittee must 'follow the procedure in 40 CFR 403.18 (b) and (c). S6.B. Monitoring requirements The Permittee must: 1 Monitor its influent, effluent, and sludge for the priority pollutants identified in Tables 11 and III of Appendix D of 40 CFR Part 122 as amended, any compounds identified because of Condition So.B.4, and any other pollutants expected from non-domestic sources using U.S. EPA -approved procedures for collection, preservation, storage, and analysis. 2. Test influent, effluent, and sludge samples for the priority pollutant metals (Table 111, 40 CFR 122, Appendix D) on a quarterly basis throughout the term of this permit. 3 Test influent, effluent, and sludge samples for the organic priority pollutants (Table 11, 40 CFR 122, Appendix D) on an annual basis. The Permittee may use the data collected for application purposes using Appendix A test methods to meet this requirement. 4. Sample POTW influent and effluent on a day when industrial discharges are occurring at normal -to -maximum levels. 5. Obtain 24-hour composite samples for the analysis of acid and base/neutral extractable compounds and metals. 6. Collect grab samples at equal intervals for a total of four grab samples per day for the analysis of volatile organic compounds. The laboratory may run a single analysis for volatile pollutants (Method 624) for each monitoring day by compositing equal volumes of each grab sample, directly in the GC purge and trap apparatus in the laboratory, with no less than 1 ml of each grab included in the composite. 7. Ensure that all reported test data for metals represents the total amount of the constituents present in all phases, whether solid, suspended, or dissolved Page 31 of 55 Permit No. WA0024023 elemental or combined, including all oxidation states unless otherwise indicated. 8. Handle, prepare, and analyze all wastewater samples taken for GC/MS analysis in accordance with the U.S. EPA Methods 624 and 625 (October 26, 1984). 9. Collect a sludge sample concurrently with a wastewater sample as a single grab of residual sludge. Sludge organic priority pollutant sampling and analysis must conform to U.S, EPA Methods 624 and 625 unless the Permittee requests an alternate method and Ecology has approved. Sludge metals priority pollutant sampling and analysis must conform to U.S. EPA SW 846 6000/7000 Series Methods unless the Permittee requests an alternate method and Ecology has approved. 10. Collect grab samples for cyanide, phenols, and oils. Measure hexane soluble oils (or equivalent) only in the influent and effluent. 11. Make a reasonable attempt to indentify all other substances and quantify all pollutants shown to be present by gas chromatograph/mass spectrometer (GC/MS) analysis per 40 CFR 136, Appendix A, Methods 624 and 625, in addition to quantifying pH, oil and grease, and all priority pollutants. The Permittee should attempt to make determinations of pollutants for each fraction, which produces identifiable spectra on total ion plots (reconstructed gas chromatograms). The Permittee should attempt to make determinations from all peaks with responses 5% or greater than the nearest internal standard. The 5% value is based on internal standard concentrations of 30 pg/1, and must bc adjusted downward if higher internal standard concentrations are used or adjusted upward if lower internal standard concentrations are used. The Permittee may express results for non -substituted aliphatic compounds as total hydrocarbon content. 12. Use a laboratory whose computer data processing programs are capable of comparing sample mass spectra to a computerized library of mass spectra,, with visual confirmation by an experienced analyst. 13. Conduct additional sampling and appropriate testing to determine concentration and variability, and to evaluate trends for all detected substances determined to be pollutants. S6,C. Reporting of monitoring res tits The Permittee must include a summary of monitoring results in the Annual Pretreatment Report. Page 32 of 55 Permit No. WA0024023 S6.1). Local limit developme As sufficient data become available, the Permittee, in consultation with Ecology, must reevaluate its local limits in order to prevent pass through or interference. If Ecology determines that any pollutant present causes pass through or interference, or exceeds established sludge standards, the Permittee must establish new local limits or revise existing local limits as required by 40 CFR 403.5. Ecology may also require the Permittee to revise or establish local limits for any pollutant discharged from the POTW that has a reasonable potential to exceed the Water Quality Standards, Sediment Standards, or established effluent limits, or c,auses whole effluent toxicity. Ecology makes this determination in the form of an Administrative Order. Ecology may modify this permit to incorporate additional requirements relating to the establishment and enforcement of local limits for pollutants of concern. Any permit modification is subject to formal due process procedures under state and federal law and regulation, S7. Solid wastes S7.A. Solid ivaste handling The Permittee must handle and dispose of all solid waste material in such a manner as to prevent its entry into state ground or surfitce water. S7.13. Leachate The Permittee must not allow leachate from its solid waste material to enter state waters without providing all known, available, and reasonable methods of treatment, nor allow such leachate to cause violations of the State Surface Water Quality Standards, Chapter 173-201A WAC, or the State Ground Water Quality Standards, Chapter 173-200 WAC. The Permittee must apply for a permit or permit modification as may be required for such discharges to state ground or surface waters. S8. Application for permit enewal or modification for acility changes The Permittee must submit an application for renewal of this permit by September 30, 2015. The Permittee must submit a paper copy and an electronic copy (preferably as a PDF). Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 1 of 50 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Sections: 7.65.010 Purpose and policy, 7.65.015 Administration. 7.65.020 Definitions. Part 1. General Provisions Part 2. Definitions Part 3. Public Sewer Use Requirements 7.65.030 Use of public sewers required. 7.65.040 Private wastewater disposal. 7.65.050 Building sewers and connections. 7.65.060 7.65.070 7.65.080 7.65.090 Part 4. Pretreatment Standards and Requirements Pretreatment standards and requirements. Limitations on wastewater strength. Slugload or accidental discharges. Pretreatment facilities. Part 5. Fees 7.65.110 Rates, charges and fees. Part 6. Administration, Reporting and Monitoring 7.65.120 Industrial dischargers. 7„6,5.130 Industrial discharger identification and data disclosure. 7.65.140 Reporting requirements for industrial dischargers. 7.65.150 Monitoring equipment. 7.65.160 Inspection and sampling. 7.65.165 Vandalism. 7.65.170 Confidential information. 7.65.180 7.65.184 7.65.185 7.65.190 7.6.6:.1.,O 7,65.198 Part 7. Wastewater Discharge Permits and Authorizations Wastewater discharge permit and authorization determination. Wastewater discharge authorization required. Wastewater discharge permit required. Wastewater discharge permitting process. Wastewater discharge permit contents, transfer and modification. Revision of the wastewater discharge permit program. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 2 of 50 Part 8. Administrative Enforcement 7.65.200 Notification of violation. 7.65.210 Consent orders. 7.65.220 Compliance orders. 7.65.230 Cease and desist orders. 7.65;240, Administrative penalties. 7.65.250 Recovery of costs incurred by the city. 7.65260 Emergency suspension of treatment services. 7.65.270 Termination of treatment services. 7;55°280 Administrative hearing. 788,285 Appeal to the city council. 7.65.290 Judicial review. 7.65.300 Publication of enforcement actions. 7.65.310 Performance bonds and liability insurance. 7.65.320 Operating upsets. 7.65.330 General/specific prohibitions. 7.85340 Bypass. 7.65.350 Records retention. 7.65.360 7.65 x370 7,65.380 7.65.390 7..65,4 00 7,65 410 Part 9. Judicial Enforcement Judicial remedies. Injunctive relief. Civil penalties. Falsifying information. Criminal penalties. Remedies nonexclusive. Part 10. Additional Provisions 7.65.420 Septage and liquid waste hauling requirements. 7.65.430 Regulations. 7.65.440 Severability. * Prior ordinance history: Ords. 3491, 97-02, 97-13 and 2000-19. Part 1. General Provisions 7.65.010 Purpose and policy. This chapter sets forth uniform requirements for dischargers into the city of Yakima's (city) publicly owned treatment works (POTW), and enables the city to protect public health in conformity with all applicable local, state and federal laws relating thereto, including the Clean Water Act (33 U.S.C. 1251 et seq.) and the General Pretreatment Regulations (40 CFR part 403). This chapter shall apply to all users of the POTW. The objectives of this chapter are the following: http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 3 of 50 1. To promote the health, safety and welfare of those persons within the city's sewer service area; 2. To ensure proper and safe connections to the POTW; 3. To prevent the introduction into the POTW that could interfere with the normal operation of the POTW; 4. To prevent the introduction of pollutants into the POTW that would not receive adequate treatment in the POTW and that would pass through the POTW into receiving waters or the atmosphere or otherwise be incompatible with the POTW; 5. To ensure that the quality of biosolids from the POTW is maintained at a level which allows its utilization and beneficial reuse in compliance with applicable statutes and regulations; 6. To protect POTW personnel who may be affected by wastewater and biosolids in the course of their employment and to protect the general public; 7. To improve the opportunity to recycle and reclaim wastewater and biosolids from the POTW; and 8. To enable the city to comply with its NPDES permit conditions, biosolids utilization and beneficial reuse requirements and any other federal or state laws to which the POTW is subject. This chapter provides for the regulation of discharges into the city's wastewater system through the enforcement of administrative regulations. This chapter authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires discharger reporting. This chapter also authorizes the city's wastewater division to issue and enforce wastewater discharge permits. With the issuance of the city's June 15, 2003, NPDES permit, the Washington State Department of Ecology fully delegated to the city a wastewater pretreatment program pursuant to 40 CFR Part 403 and WAC Chapter 173-208. This chapter does not provide for the recovery of operations, maintenance or replacement costs of the POTW or the costs associated with the construction of collection and treatment systems used by industrial dischargers, in proportion to their use of the POTW, which are the subject of separate enactments. (Ord. 2003-74 § 1 (part), 2003). 7.65.015 Administration. Except as otherwise provided, the wastewater manager shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the wastewater manager may be delegated by the wastewater manager to other city personnel. (Ord. 2003-74 § 1 (part), 2003). Part 2. Definitions 7.65.020 Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows: http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 4 of 50 "Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act (33 U.S.C.. 1251 et seq.), in its current form or as it may be amended. "Applicable pretreatment standards" for any specified pollutant means the city's specific limitations on discharge, the state standards or the national categorical pretreatment standards (when effective), whichever standard is most stringent in a given situation. "Authorized representative" means: a. If the industrial discharger is a corporation, the president, secretary, treasurer or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or the manager of one or more manufacturing, production or operation facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; b. If the industrial discharger is a partnership or sole proprietorship, a general partner or proprietor, respectively; c. If the industrial discharger is a federal, state or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee; d. The individuals described in subsections a through c of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city. "Backwater valve" means a device installed in a drainage system to prevent reverse flow. "Best management practices" means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in 40 CFR 403.5(a) (1) and (b) and treatment requirements, operating procedures and practices to control facility site runoff, spills or leaks, sludge or waste disposal or drainage from raw materials storage. "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at twenty degrees centigrade, expressed in milligrams per liter (mg/L). "Building drain" means that part of the lowest horizontal piping of a drainage system, which receives the discharged wastewater from inside the walls of the building and conveys it to the building sewer connection, beginning five feet outside the exterior face of the building wall. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 5 of 50 "Building sewer" means that part of the horizontal piping of a drainage system, which extends from the end of the building drain and which receives the discharge from the building drain, conveying it to the public sewer. "Bypass" means the intentional diversion of waste streams from any portion of an industrial discharger's treatment facility. "Categorical pretreatment standards" or "categorical standards" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of industrial dischargers and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471. "CFR" means the Code of Federal Regulations. "City" means the city of Yakima or its authorized deputy, agent or representative. "Code administration and planning manager" means the director and authorized representatives of the department of community and economic development of the city of Yakima. "Color" means the optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density. "Composite sample" means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. "Date of full delegation" means June 15, 2003, the date upon which the city became fully authorized, pursuant to 40 CFR Part 403 and WAC Chapter 173-208, to administer the wastewater discharge permit program set forth in Part 7 of this chapter. "Discharge authorization" means the written permission from the wastewater manager for long-term, short-term, or temporary discharges into the city's POTW by persons other than significant industrial users or residential users. "Discharger—industrial discharger or user" means any nondomestic user who discharges a liquid - carried effluent, or wastewater, into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches or any constructed devices and appliances appurtenant thereto. The term "industrial discharger" specifically includes commercial businesses that discharge wastewater other than domestic wastewater. "Domestic discharger or user" means any single-family or multifamily residential customer or commercial business customer discharging domestic wastewater only. "Domestic wastewater" means water from any domestic discharger or user carrying human waste, kitchen, bath and laundry waste, and housekeeping materials in volumes and/or concentrations normally associated with residential discharges, together with such groundwater infiltration or surface waters as may be present. "Ecology" means the Washington State Department of Ecology. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 6 of 50 "Environmental Protection Agency" or "EPA" means the U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the regional water management division director or other duly authorized official of said agency. "Existing discharger" or "existing user" means any discharger which was discharging wastewater prior to the effective date of this chapter. "Existing source" means any source of discharge of wastewater, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. "Floatable oil" means fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. "Food processing" means the preparation of fruits or vegetables for human or animal consumption, including, but not limited to, the preparation of fruits or vegetables for wholesale or retail sale by washing and/or other processes. "Food processing wastewater" means wastewater that contains wastes generated by food processing and that is discharged into the food processing wastewater system. "Food processing wastewater" does not include any domestic or industrial wastewater except as set forth in this section. "Food processing wastewater sewer" means the system for the collection and treatment of food processing wastewater. This definition includes any devices or systems used in the collection, storage, treatment, recycling, or reclamation of food processing wastewater and any conveyances that convey food processing wastewater to the food processing wastewater treatment plant. "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. "Grab sample" means a sample, which is taken from a waste stream without regard totheflow inthe waste stream and over a period of time not to exceed fifteen minutes. "Indirect discharge" means the discharge or the introduction of nondomestic pollutants from a source regulated under Section 307(b), (c) or (d) of the Act, into a POTW. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. "Industrial discharger" means "discharger—industrial discharger or user," as defined in this section. "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." http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 7 of 50 "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the normal operation of the city sewer system, or which causes a violation of any requirement of the POTW's National Pollution Discharge Elimination System (NPDES) permit including an increase in the magnitude or duration of a violation or any increase in the cost of treatment of sewage or in the cost of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act (33 U.S.C. 1345 et seq.); the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901 et seq.); any state regulations contained in any state biosolids management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act (42 U.S.C. 7401 et seq.); the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601 et seq.); and the Marine Protection, Research and Sanctuaries Act (33 U.S.C. 1401 et seq.). "Lower explosive limit" or "LEL" means the lowest concentration of a gas -in -air mixture at which the gas can ignite. "May" is permissive. "Medical waste" means isolation wastes, infectious agents, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes. "mg/L" means milligrams per liter. "Minor industrial discharger or user (MIU)" means a nondomestic discharger that meets one or more of the following criteria: a. Discharges wastewater which meets at least one of the following criteria: (1) Daily average process wastewater flows exceed five thousand gallons per day, but not more than twenty-five thousand gallons per day (excluding domestic wastewater and noncontact cooling water); or (2) Maximum daily discharge volume which exceeds one percent of the average dry weather hydraulic or organic capacity of the POTW; or b. Is otherwise deemed by the city to be categorized as an MIU. "Natural outlet" means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater. "New discharger" or "new user" means a user that is not regulated under federal categorical pretreatment standards but that applies to the city for a new building permit or occupies an existing building and plans to commence discharge of wastewater (other than domestic wastewater) to the city's collection system after the effective date of this chapter. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an existing discharger or existing user if no significant changes are made in the manufacturing operation. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 8 of 50 "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 is 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 subsection b or c of this definition but otherwise alters, replaces or adds to existing process or production equipment. Construction of a new source as defined under this section has commenced if the owner or operator has: a. Begun, or caused to begin, as part of a continuous on-site construction program: (1) Any placement, assembly or installation of facilities or equipment, or (2) Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or b. Entered into a binding contractual obligation for the purchase of facilities or equipment, which are intended to be used in its operation within a reasonable time. Options to purchase or contracts, which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection. "Noncontact cooling water means water used for cooling, which does not come into direct contact with any raw material, intermediate product, waste product or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat. "Nondomestic discharger or user" means any discharger other than a domestic discharger (i.e., an industrial discharger or user). "Nonresidential domestic discharger or user" means any domestic discharger other than single-family or multifamily residential dischargers or users. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 9 of 50 "North American Industry Classification System (NAICS)" means a system used by business and government to classify and measure economic activity in Canada, Mexico, and the United States. It is in the process of replacing the older Standard Industrial Classification (SIC) Code System. "NPDES" means the National Pollutant Discharge Elimination System permit program as administered by the EPA or State of Washington Department of Ecology (Ecology). "O&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 section. "Permittee" means a person, discharger or user issued a wastewater discharge permit. "Person" means any individual, partnership, co -partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state or local governmental entities. "pH" means the logarithm of the reciprocal of the mass of hydrogen ions in grams per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen -ion concentration of 10-7. pH is a measure of a substance's corrosivity (acidity or alkalinity). "Pollutant" means any substance discharged into a POTW which, if discharged directly, would alter the chemical, physical, thermal, biological or radiological integrity of the water of the state, or would or be likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to any legitimate beneficial use, or to any animal life, either terrestrial or aquatic. Pollutants include, but are not limited to, the following: dredged soil, solid waste, incinerator residue, sewage, garbage, sewage biosolids, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity and odor). "POTW' means publicly owned treatment works (sometimes termed wastewater facilities or wastewater treatment system or wastewater treatment works or water pollution control facility). POTW designates a "treatment works" as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned by the state or municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a wastewater treatment plant. The term also means the municipal entity having responsibility for the operation and maintenance of the treatment works. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 10 of 50 "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless specifically allowed by an applicable pretreatment standard. "Pretreatment requirement" means any substantive or procedural requirement related to pretreatment other than a pretreatment standard. "Pretreatment standard" means discharge standards, categorical pretreatment standards and local limits. "Private wastewater disposal system" means any system of piping, treatment devices or other facilities, including a septic tank, that conveys, stores, treats or disposes 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 YMC 7.65.060. "Public sewer" means a sewer constructed for conveyance of liquid wastes, which is controlled by a public authority. "Residential discharger or user" means a single-family or multifamily residential customer that discharges only domestic wastewater to the POTW. "Sanitary sewer" means a drain or sewer which carries sewage, as distinct from industrial sewer, process sewer and storm sewer. Sanitary sewers may carry industrial wastewater or process wastewater commingled with domestic wastewater. "Septage" or "septic tank waste" means, but is not limited to, septic tank pumping, portable toilet pumping, sump pumping, camper and trailer pumping. "Severe property damage" means substantial physical damage to property, damage to the wastewater treatment or pretreatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 11 of 50 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 (SIU)" means a nondomestic user of the POTW who: a. Is subject to categorical pretreatment standards; or b. Discharges an average of twenty-five thousand gallons per day or more of process wastewater to the POTW (excluding domestic wastewater and noncontact cooling water); or c. Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or d. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. Upon a finding that a nondomestic user meeting the criteria of subsection b, c, or d of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a nondomestic user, and in accordance with procedures in 40 CFR 403.8(f) (6), determine that such user should not be considered a significant industrial user. "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 flow rate exceeding the permitted peak flow, or ten percent of the capacity of the available trunk sewer, whichever is greater. "Standard Industrial Classification (SIC) Code" means a classification pursuant to the "Standard Industrial Classification Manual" issued by the U.S. Office of Management and Budget. "State" means the state of Washington. "Storm sewer" (sometimes termed "storm drain") means a drain or sewer which carries storm and surface waters and drainage, but from which domestic wastewater, industrial wastewater and process wastewater are intended to be excluded. "Stormwater" means any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snowmelt. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 12 of 50 "Suspended solids" or "total suspended solids (TSS)" means total suspended solids or matter that either floats on the surface of or is in suspension in water, sewage, or other liquids, and which is removable by laboratory filtering. "Temporary discharge" means a discharge on a one-time or temporary basis into the city's POTW of no more than one year in duration. Significant industrial users are ineligible for authorization for a temporary discharge. "Toxic pollutants" means those substances listed in the federal priority pollutant list and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under Section 307 (33 U.S.C. 1317) of the Clean Water Act. "Treatment plant effluent" means any discharge of water pollutants from the POTW into waters of the state. "Unpolluted water" is water of quality equal to or better than the effluent limitations in effect or water that would not cause violation of the receiving water quality standards and would not be benefited by discharge to the public sewer and POTW. "Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in YMC 7.65.060 and 7.65.070, or with the terms of pretreatment standards contained in an applicable wastewater discharge permit or authorization, due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation thereof. "WAC" means the Washington Administrative Code. "Wastewater" means water- or liquid -carried industrial waste, process waste, or domestic waste or any modification thereof, or any other water -carried waste, including that which may be combined with any groundwater, surface water, or stormwater, that is or may be discharged to the POTW or a private wastewater disposal system. For purposes of this chapter, "wastewater" shall also include "food processing wastewater," as defined in Chapter 7.12. "Wastewater discharge permit" means an authorization or equivalent control document issued by the wastewater division pursuant to Part 7 of this chapter allowing the discharger, under certain limitations, to discharge wastewater to the POTW. The permit shall contain appropriate pretreatment standards and requirements as set forth in this chapter. "Wastewater division" means such division of the city of Yakima and includes its manager and authorized representatives, and includes the term wastewater manager as used in this chapter,. "Wastewater manager" or "manager" means the supervisor of the wastewater division and includes authorized representatives of the wastewater manager and wastewater division. "Wastewater treatment operator" means an individual who performs routine pretreatment duties, or supervision of such duties, on-site at a discharger's pretreatment facilities which affect effluent quality, and who (a) holds, at least, a valid State of Washington Wastewater Treatment Operator 1 http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 13 of 50 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 pretreatment operator. "Wastewater treatment plant" or "treatment plant" means that portion of the POTW designated to provide treatment of wastewater. "Watercourse" means a natural or artificial channel for the passage of water either continuously or intermittently. (Ord. 2007-26 § 1 (part), 2007: Ord. 2003-74 § 1 (part), 2003). Part 3. Public Sewer Use Requirements 7.65.030 Use of public sewers required. A. It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property any human or animal excrement, garbage or other objectionable waste. B. It is unlawful to discharge into any public storm drain or ditch any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. C. Except as provided in this chapter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater. D. The owners of all newly constructed houses, buildings or properties used for human occupancy, employment, recreation or other purposes, or owners of houses, buildings or properties utilizing a cesspool or have a failed on-site septic system shall be compelled to connect such facilities directly with the proper public sewer in accordance with the provisions of the chapter; provided, that said public sewer is within two hundred feet of the property line. E. The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sewer of the city, are required at the owners' expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within ninety days after date of official notice to do so; provided, that said public sewer is within two hundred feet of the property line. (Ord. 2006- 07 § 25, 2006: Ord. 2003-74 § 1 (part), 2003). 7.65.040 Private wastewater disposal. Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit from the Yakima health district as set forth in Part 10, as now or as hereafter may be amended, of said district's "Rules and Regulations Providing for the Regulation of On-site Sewage Disposal Systems." (Ord. 2003-74 § 1 (part), 2003). 7.65.050 Building sewers and connections. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 14 of 50 A. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the code administration and planning manager. B. There shall be two classes of building sewer permits: (1) residential and nonresidential domestic service, and (2) service to nondomestic dischargers producing industrial wastewater. In either case, the owner or his/her agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the code administration and planning manager. Permit and inspection fees shall be paid as required by applicable provisions of this code. C. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify and hold harmless the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The owner shall utilize only those construction contractors which are adequately licensed and bonded in accordance with the city's requirements at the time of connection to the sewer. The licensed and bonded contractor shall have taken and passed the side sewer installer certification test that is proctored by the code administration and planning division of the city of Yakima. D. A separate and independent building sewer shall be provided for every building, and only on each building's separate and independent lot, except under the following circumstances: 1. Where one building stands in the rear of another building on an interior lot, and no private sewer is available or can be constructed to the rear building through an adjoining court, yard or driveway, the building drain from the front building may be extended to the rear building and the whole considered as one building sewer; or 2. Where other circumstances, established to the satisfaction of the code administration and planning manager, indicate the need for a single sewer connection between separate and independent lots and there is a legally valid easement over the subservient lot. The city does not and will not assume any obligation or responsibility for damage caused by or resulting from any single connection. E. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the code administration and planning manager, to be in good repair, sized for the number of fixtures per the plumbing code most recently adopted by the city, to be suitable for this purpose, and to meet all requirements of this chapter. F. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the edition of the plumbing code most recently adopted by the city. G. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by any approved means http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 15 of 50 described in the edition of the plumbing code most recently adopted by the city and found acceptable by the code administration and planning manager, and discharged to the building sewer. H. No person shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff, stormwater or groundwater to a building sewer or building drain, which in turn is connected directly or indirectly to a public sewer, or maintain such a connection. I. The connection of the building sewer into the public sewer shall conform to the requirements of the editions of the building code and plumbing code most recently adopted by the city. All such connections shall be made gastight and watertight and verified by proper testing. The code administration and planning manager must approve any deviation from the prescribed procedures and materials before installation. J. The applicant for the building sewer permit shall notify the code administration and planning manager when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the code administration and planning manager. K. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. L. A properly functioning backwater valve shall be required in any building containing a basement, except in those situations which would not require a backwater valve as described in the edition of the building code most recently adopted by the city. The permit to install a backwater valve can be obtained from the code administration and planning manager. The city shall not be liable for damage due to wastewater backing up into a building where a properly functioning backwater valve has not been installed. The city also shall not be liable for damage due to wastewater backing up into a building where a backwater valve has been installed but has not been properly maintained or repaired. (Ord. 2007-26 § 1 (part), 2007: Ord. 2003-74 § 1 (part), 2003). Part 4. Pretreatment Standards and Requirements 7.65.060 Pretreatment standards and requirements. A. No person shall discharge or cause to be discharged to the POTW, directly or indirectly, any unpolluted waters such as stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water or noncontact cooling water, and unpolluted industrial wastewater to any sewer or natural outlet, unless approved by the wastewater manager and other regulatory agencies whose approval is required by law. (See Part 7 of this chapter.) B. No person shall discharge or cause to be discharged to the POTW, directly or indirectly, any pollutant or wastewater which will cause interference or pass through. Furthermore, no discharger shall discharge or cause to be discharged to the POTW, directly or indirectly, any of the following described substances unless discharged pursuant to a valid wastewater discharge permit or authorization from the wastewater manager: http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 16 of 50 1. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction to cause fire or explosion or to be injurious in any other way to the operation of the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees centigrade using the test methods specified in 40 CFR 261.21. At no time shall two successive readings on a combustible gas meter, at the point of discharge into the system (or at any point in the system), be over five percent, nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and any other substances which are a fire hazard or hazard to the POTW. 2. Solid or viscous substances in quantities or of such size that they will, or may, cause reduction of the effective cross-sectional area of a sewer, obstruction to the flow in a sewer, or other interference with the operation of the POTW. In no case may solids greater than one- fourth inch in any dimension be discharged to the POTW. 3. Any wastewater having a pH less than 5.5 or higher than 12.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the system. 4. Any wastewater having a BOD of more than three hundred mg/L. 5. Any wastewater having a TSS content of more than three hundred mg/L. 6. Any wastewater having a chlorine demand of more than twenty mg/L, 7. Any wastewater having an animal/vegetable (polar) based floatable oil, fat waste, oil or grease (whether or not emulsified), hexane or ether -soluble matter content in excess of one hundred mg/L; or a mineral/petroleum (nonpolar) based oil or grease (whether or not emulsified), hexane or ether -soluble matter content in excess of one hundred 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 (thirty-two degrees Fahrenheit). 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 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, biosolids or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 17 of 50 no case shall a substance be discharged to the POTW that, either alone or in combination with other discharges, will cause the POTW to be in noncompliance with biosolids use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; or with any criteria, guidelines or regulations affecting biosolids use or disposal developed pursuant to the Solid Waste Disposal Act, 42 U.S.C. 6901 et seq., as now or as it may be amended, the Clean Air Act, 42 U.S.C. 7401 et seq., as now or as it may be amended, the Toxic Substances Control Act (TSCA), 15 U.S.C. 2601 et seq., as now or as it may be amended, or similar state statutes or regulations applicable to the biosolids management method being used. 11. Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits. 12. Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent thereby violating the city's NPDES permit. Color, alone or in combination with turbidity, shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten percent from the seasonably established norm for aquatic life. 13. Any slugload, 14. Any sludges, screenings or other residues from the pretreatment of industrial wastewater discharges. 15. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as exceed limits established by the city in compliance with applicable state or federal regulations. 16. Any wastewater that causes a hazard to human life or creates a public nuisance. 17. Any medical wastes. 18. Any wastewater causing the treatment plant's effluent to fail a toxicity test. 19. Any wastes containing detergents, surface-active agents, or other substances in such concentrations that they may cause excessive foaming in the POTW. 20. Persistent pesticides and/or pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq., as now or as it may be amended. C. No discharger shall discharge or cause to be discharged to the POTW, directly or indirectly, any of the following described substances unless discharged pursuant to a valid wastewater discharge permit or authorization from the wastewater manager: 1. Any wastewater with a temperature that will inhibit biological activity in the POTW treatment plant resulting in interference; but, in no case, wastewater with a temperature at the introduction into the POTW which exceeds forty degrees centigrade (one hundred four degrees Fahrenheit). 2. Any trucked or hauled pollutants, except pursuant to YMC 7.65.420. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 18 of 50 3. Any dangerous wastes as defined in Chapter 173-303 of the Washington Administrative Code (WAC), as now or as it may be amended. 4. Flows which have the potential to adversely affect the hydraulic loading of the POTW, including the following categories: a. Noncontact cooling water; b. Stormwater and other direct inflow sources; and c. Nonpolluted water or water which does not require significant treatment. D. Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas must discharge to the industrial discharger's pretreatment facility prior to discharging to the POTW. E. The general and specific prohibitions provided by this section apply to all dischargers to the POTW whether or not the discharger is subject to categorical pretreatment standards or requirements. (Ord. 2010-54 § 1, 2010: Ord. 2007-26 § 1 (part), 2007: Ord. 2006-07 § 26, 2006: Ord, 2003-74 § 1 (part), 2003). 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 1, 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 YMC 7.65.010, or are otherwise in the public interest. D. No discharger shall dilute its waste stream with potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this chapter. E. No discharger shall discharge 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 wastewater division: Pollutant(1) Arsenic (As) 0.48 http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 19 of 50 Cadmium (Cd) 0.049 Chloroform 0.67 Chromium (Cr) 5.0 Chromium (VI) 0.43 Copper (Cu) 0.30 Lead (Pb) 0.19 Mercury (Hg) 0.002 Molybdenum (Mo) 1.14 Nickel (Ni) 2.0 Selenium (Se) 0.419 Silver (Ag) 0.06 Sulfide (liquid phase) 0.5 Zinc (Zn) 4.2 beta -BHC 0.01516 Endosulfan 0.06964 Endrin 0.00383 alpha -Chlordane 0.00716 gamma -Chlordane 0.00367 Chlorpyrifos 0.01298 Lindane 0.13324 Benzene 0.05(3) BTEX(2) 0.75(3) (1) All pollutants are analyzed and reported as total mg/L. (2) BTEX is the sum of the measured concentrations of benzene, toluene, ethylbenzene and xylene. (3) These pollutants are based upon treatment technology (air stripping/carbon capture) and are developed for discharges from groundwater cleanup or remediation activities or other effluents containing benzene and/or BTEX and requiring the installation of treatment. 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. An industrial user, through enforcement action and/or permit compliance schedule, may be required to install treatment or otherwise reduce or halt a discharge of a pollutant to maintain compliance with pretreatment standards and requirements and prevent interference with the operation of the POTW, pass through and adverse effects on the quality of the receiving waters, contamination of municipal biosolids, health and safety hazards to workers in the POTW, or violations of applicable federal or state regulations. The city may impose mass limitations on discharges in cases where necessary to be consistent with federal categorical pretreatment standards. Where a discharger is subject to a http://www. codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 20 of 50 categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply. The city may establish more stringent pollutant limits, mass -based limits, additional site-specific pollutant limits, best management practices, or additional pretreatment requirements when, in the judgment of the city, such limitations are necessary to implement the provisions of this chapter. 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. (Ord. 2010-54 § 2, 2010: Ord. 2006-07 § 27, 2006: Ord. 2003-74 § 1 (part), 2003). 7.65.080 Slugload or accidental discharges. A. Each ............. .. ... ..... a...... .,, . YXc 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 for review a "slugload control/spill prevention, control and countermeasure plan" (SC/SPCC plan) showing facilities and operating procedures to provide this protection. The wastewater manager shall evaluate, at least once every two years and within one year of a user's initial designation as a significant industrial discharger, whether each significant industrial user needs an SC/SPCC plan. The SC/SPCC plan shall contain at a minimum the following elements: 1. Description of discharge practices for batch and continuous processes, including nonroutine and routine batch discharges; 2. Description of stored hazardous substances, including quantity maintained for each listed material and a map showing their location; 3. Procedures for immediately notifying the city and any other authorities of any accidental or slugload discharges, with procedures for follow-up written notification within five days; and 4. Procedures to prevent adverse impact from any accidental or slugload discharge, including, but not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 21 of 50 structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. Where applicable, the SC/SPCC plan shall also conform to guidelines found in 40 CFR, Part 112 and to Ecology's "Guidelines to Prevent, Control, and Contain Spills from the Bulk Storage of Petroleum Products" (WDOE 83-8), as now or as they may be amended. Each discharger shall complete its SC/SPCC plan and submit it to the wastewater manager within one hundred twenty days of being notified by the manager to do so. The wastewater manager will review the SC/SPCC plan before construction of any prevention facility. No discharger who discharges to the POTW after the aforesaid date shall be permitted to introduce pollutants into the system until such SC/SPCC plan has been reviewed by the wastewater manager. Review of such plan by the wastewater manager shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this chapter. B. A discharger who has prepared an SC/SPCC plan shall review and evaluate such plan at least every two years from the date of submittal. As a result of this review and evaluation, the discharger shall amend the SC/SPCC plan within six months of the review to include more effective prevention and control technology if: (1) such technology will significantly reduce the likelihood of a spill event from the facility, and (2) if such technology has been field -proven at the time of the review. The plan shall be maintained on the plant site and readily available to facility personnel. C. Dischargers shall verbally notify the wastewater manager immediately upon the occurrence of a slugload or accidental discharge of substances prohibited by this chapter and take immediate action to correct the situation. Within five days after the occurrence of the slugload or accidental discharge, the discharger shall follow up with a written notification to the wastewater division. The notifications shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions taken or to be taken. Any discharger who discharges a slugload of prohibited 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. E. Significant industrial users shall verbally notify the wastewater manager immediately of any changes in its facility or operating procedures that will affect its potential for slug discharges. Within five days of its verbal notification, the discharger shall follow up with a written notification to the wastewater division. Changes that will affect a facility's potential for slug discharges include, but are not limited to, significant changes to the hazardous substances stored at the facility and changes to the discharge practices associated with the facility's operating procedures. (Ord. 2007-26 § 1 (part), 2007: Ord. 2003-74 § 1 (part), 2003). 7.65.090 Pretreatment facilities. http : //www. codepublishing. com/WA/yakima/html/Yakima07/Yakima0765 .html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 22 of 50 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 showing the pretreatment facilities to both the wastewater manager and the code administration and planning manager for review and acceptance before construction of the facility. The review of such plans by either the wastewater manager or the code administration and planning 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 and planning 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, as defined in this chapter. B. Any subsequent proposal for significant changes in the pretreatment facilities or method of operation shall be reported prior 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 food processing sewer shall be adequately screened by a twenty 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 YMC 7.65.060(6)(7), 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 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 http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 23 of 50 of fat waste, oil or grease. Take-out food establishments or other establishments that prepare food, but do not cook in oil or grease, and who serve food only in disposable containers, may be exempted from this requirement, provided their discharges do not violate YMC 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 and planning manager, and shall be located as to be readily accessible for cleaning and inspection. Dischargers must maintain these interceptors in a manner that will always prevent fat waste, oil, grease, flammable wastes, sand or other harmful ingredients from being 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 be a violation of this chapter and subject to the sections set forth in Parts 8 and 9 of this chapter. (Ord. 2003-74 § 1 (part), 2003). Part 5. Fees 7.65.110 Rates, charges and fees. Rates, charges and fees relating to the pretreatment program established by this chapter shall be as set forth in Chapter 7.60. (Ord. 2003-74 § 1 (part), 2003). Part 6. Administration, Reporting and Monitoring 7.65.120 Industrial dischargers. A. It is unlawful for any industrial discharger to discharge sewage, industrial wastewater or any other wastes into the city's POTW except as authorized by the city and by Chapter 173-216 WAC, as now, or as it may be amended. 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 or authorization requirements of Part 7 of this chapter shall comply with those requirements. C. Compliance by existing sources with categorical pretreatment standards shall be within three years of the date the categorical pretreatment standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 CFR Chapter I, Subchapter N. Direct dischargers with NPDES permits modified or reissued to provide a variance pursuant to Section 301(i)(2) of the Act shall be required to meet compliance dates set in any applicable categorical pretreatment standard. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 24 of 50 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. New sources and new significant industrial dischargers shall install and have in operating condition, and shall start up all pollution control equipment required to meet applicable pretreatment standard before beginning to discharge. Within the shortest feasible time (not to exceed ninety days after the beginning of the discharge), new sources and new significant industrial dischargers must meet all applicable pretreatment standards. D. The wastewater manager shall establish a final compliance deadline date for any existing user not covered by an applicable 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 noncompliance with any local limits shall be provided with a compliance schedule placed in a wastewater discharge permit to ensure compliance within the shortest time feasible. (Ord. 2003-74 § 1 (part), 2003). 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(0(6). As required by 40 CFR 403.8(f)(2)(iii), the wastewater manager shall develop and implement procedures to notify all industrial users of applicable pretreatment standards and requirements. B. When requested by the city to do so, industrial dischargers shall complete and file with the wastewater division preliminary or follow-up 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 days of being received by the industrial discharger, unless the industrial discharger requests in writing a thirty -day extension from the wastewater manager and the manager approves the request in writing. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial discharger and shall be considered a violation of this chapter. (Ord. 2003-74 § 1 (part), 2003). 7.65.140 Reporting requirements for industrial dischargers. A. Within either one hundred eighty 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 in this section. At least one hundred twenty days prior to commencement of their discharge, new sources, and sources that become significant industrial dischargers subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the wastewater manager a report which contains the information listed in this section. A new source shall also be required to report the method of http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 25 of 50 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 permits held by or for the facility. 3. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by such industrial discharger. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes. 4. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e). 5. A measurement of pollutants. a. Identification of the categorical pretreatment standards applicable to each regulated process. b. Submission of the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the city) of regulated pollutants in the discharge from each regulated process. The industrial discharger shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this subsection. Instantaneous, daily maximum and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in subsection H of this section. In cases where the pretreatment standard requires compliance with best management practices or pollution prevention alternatives, the industrial discharger shall submit documentation as required by that standard to document compliance with the standard. c. Sampling must be performed in accordance with procedures set out in subsection 1 of this section. d. The city may allow the submission of a baseline report, which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures. 6. A statement from the industrial discharger's authorized representative and certified by a professional engineer registered in the state of Washington, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. 7. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial discharger will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 26 of 50 the applicable pretreatment standard. Where the industrial discharger's categorical pretreatment standard has been modified by a removal allowance (under 40 CFR 403.7), the combined waste stream formula (under 40 CFR 403.6(e)), and/or a fundamentally different factors variance (under 40 CFR 403.13) at the time the industrial discharger submits the report required under subsection A of this section, the information required by subsections (A)(6) and (7) of this section shall pertain to the modified limits. If the categorical pretreatment standard is modified by a removal allowance, the combined waste stream formula, and/or a fundamentally different factors variance after the industrial discharger submits the report required under subsection A of this section, any necessary amendments to the information requested by subsections (A)(6) and (7) of this section shall be submitted by the industrial discharger to the wastewater manager within sixty days after the modified limit is approved. The following conditions shall apply to the schedule required by this subsection: a. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the installation and operation of additional pretreatment facilities required for the discharger to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing installation, beginning and conducting routine operation). No progress increment referred to above shall exceed nine months. b. The industrial discharger shall submit a progress report to the wastewater manager no later than fourteen days following each date in the schedule and the final date of compliance including, as a minimum, whether or not the discharger complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the industrial discharger to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the wastewater manager. 8. All baseline monitoring reports must be signed and certified in accordance with subsection K of this section. B. Within ninety days following the date for final compliance with applicable categorical pretreatment standards (deadline date for categorical dischargers published in the appropriate categorical pretreatment standards, compliance date for noncategorical dischargers established by the city) or in the case of a new source (new discharger) within thirty days of commencement of the introduction of wastewater into the POTW, any industrial discharger subject to such pretreatment standards and requirements shall submit to the wastewater manager a report containing the information described in subsections (A)(4) through (6) of this section. For industrial dischargers which may be subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial discharger's long-term wastewater discharge rate. For all other industrial dischargers subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial discharger's actual wastewater discharge rate during the appropriate corresponding sampling period. All compliance reports must be signed and certified in accordance with subsection K of this section. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 27 of 50 C. Any significant industrial discharger subject to a pretreatment standard shall, at a frequency determined by the wastewater manager in its discharge permit, but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All compliance reports must be signed and certified in accordance with subsection K of this section. 1. The report shall include a record of the concentrations (and mass if specified by the city) of the limited pollutants that were measured and a record of all flow measurements (average and maximum) taken at the designated sampling locations, and shall also include any additional information required by this chapter or regulations promulgated thereunder. Production data shall be reported if required by the city. Both daily maximum and average concentration (or mass, where required) shall be reported. In cases where the pretreatment standard requires compliance with best management practices or pollution prevention alternatives, the industrial discharger shall submit documentation as required by that standard to document compliance with the standard. If a discharger sampled more frequently than required by the city, it must submit all results of sampling and analysis of the discharge during the reporting period. 2. Any industrial discharger subject to equivalent mass or concentration limits established by the city in accordance with procedures provided in 40 CFR 403.6(c) shall submit as part of its report a reasonable measure of the discharger's long-term production rate. 3. If the city calculated limits to factor out dilution flows or nonregulated flows, the industrial discharger shall be responsible for providing flows from the regulated process flows, dilution flows and nonregulated flows. 4. The report shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of the normal work cycles and expected pollutant discharges to the POTW. 5. Flows shall be reported on the basis of actual measurement; provided, however, that the city may accept reports of average and maximum flows estimated by verifiable techniques if the city determines that an actual measurement is not feasible. 6. Sampling shall be representative of the industrial discharger's actual discharge and collected in accordance with subsection I of this section. Wastewater monitoring and flow management facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of an industrial discharger to keep its monitoring facility in good working order shall not be grounds for the industrial discharger to claim that sample results are unrepresentative of its discharge. 7. Where the industrial discharger conducts self-monitoring, the number and frequency of monitoring shall be prescribed by the city in their discharge permit. The samples shall be processed at a laboratory accredited by the state. Alternately, at the request of the industrial permittee, the city may collect and analyze the samples as part of the required sampling and analysis under its NPDES permit and YMC 7.65.160(E). All costs associated with such testing and analysis shall be the responsibility of the industrial discharger. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 28 of 50 D. Any industrial discharger subject to this chapter shall report to the wastewater division, in person or by phone, ninety days prior to any changes in its operations or processes which significantly affect its wastewater constituents or characteristics, or storage of chemicals, and which take place after the last report, permit application or environmental survey. These changes include, but are not limited to, flow, BOD, or TSS increases of twenty percent or greater, the commencement of discharge of any prohibited or limited substance under YMC 7.65.060(B), and the addition of any process covered by national categorical pretreatment standards. Formal written notification shall also be made to the wastewater division at least ten days prior to such change. E. Any discharger operating under equivalent mass or concentration limits shall notify the wastewater manager within two business days after the discharger has a reasonable basis to know that the production level will significantly change within the next calendar month. Any discharger not notifying the wastewater manager of such an anticipated change shall be required to comply with the existing limits. F. All significant industrial dischargers not subject to categorical pretreatment standards and, as deemed necessary by the wastewater manager, any minor industrial dischargers shall provide to the wastewater manager the same reports as set forth in subsection A of this section. G. If sampling performed by an industrial discharger indicates a violation, the industrial discharger must notify the wastewater manager within twenty-four hours of becoming aware of the violation. The industrial discharger shall also repeat the sampling and analysis and submit the results of the repeat analysis to the wastewater manager within thirty days after becoming aware of the violation. Where the city has performed the sampling and analysis in lieu of the industrial discharger, the city must perform the repeat sampling and analysis within thirty days after becoming aware of the violation unless it notifies the industrial discharger of the violation and requires that discharger to perform the repeat sampling and analysis. The industrial discharger is not required to resample if the POTW performs monitoring at the industrial discharger's at least once a month, or if the POTW performs sampling between the industrial discharger's initial sampling and when the industrial discharger receives the results of this sampling. H. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report, shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and WAC 173-216-125. If 40 CFR Part 136 or WAC 173-216-125 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. I. Except as indicated below, the industrial discharger must collect wastewater samples using twenty -four-hour flow proportional composite collection techniques. In the event twenty -four-hour flow proportional composite sampling is infeasible, the wastewater manager may authorize the use of time proportional composite sampling or a minimum of four grab samples where the industrial discharger demonstrates that this will provide a representative sample of the actual effluent being discharged to the POTW and the wastewater manager shall document the decision to allow alternative sampling in the discharger's facility file. In addition, grab samples may be required to show compliance with instantaneous discharge limits. Samples to be analyzed for fats, oil and grease (FOG), temperature, http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 29 of 50 pH, cyanide, phenols, toxicity, sulfides, metals and volatile organic compounds shall be obtained using grab collection techniques. 1. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated or manufacturing process if no pretreatment exists or as determined by the city. For dischargers subject to categorical pretreatment standards, if other wastewaters are mixed with the regulated wastewater prior to pretreatment the discharger should measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e) in order to evaluate compliance with the applicable pretreatment standards. 2. All sample results shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the industrial discharger. If a discharger subject to the reporting requirements in and of this section monitors any pollutant more frequently than required by the city, it must submit the results of this extra sampling and analysis of the discharge as part of its self- monitoring report. J. The wastewater manager may use a wastewater grab sample(s) to determine noncompliance with applicable pretreatment standards. K. Any reports required by this chapter and submitted by the industrial discharger shall be signed by an authorized representative of the discharger. Any person signing the report shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, 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. (Ord. 2007-26 § 1 (part), 2007: Ord. 2003-74 § 1 (part), 2003). 7.65.150 Monitoring equipment. A. The city may require a discharger to install and operate, at the discharger's own expense, monitoring equipment to allow inspection, sampling and flow measurement of all discharges into the sewer system, to assure compliance with this chapter. The monitoring equipment shall be situated on the discharger's premises, except that if such a location would be impractical or cause undue hardship on the discharger, the city may allow such equipment to be installed in an accessible public street or sidewalk area. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 30 of 50 B. There shall be ample room in or near such monitoring equipment to allow accurate wastewater sampling and preparation of samples for analysis by the discharger and the city. The monitoring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger. C. All monitoring equipment shall be installed and maintained in accordance with all applicable standards and specifications. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy. (Ord. 2003-74 § 1 (part), 2003). 7.65.160 Inspection and sampling. A. To assess compliance with this chapter, independent of any information provided by an industrial discharger, the city shall have the 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 days' notice, but, if deemed appropriate or necessary, shall have the right to make unscheduled inspections without prior notice. A permitted or authorized discharger, as a condition of their permit, shall sign a form provided by the city, that allows authorized city employees right of entry to the discharger's facility to carry out the duties of the wastewater division under this chapter. 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. It will be unlawful under this chapter to interfere with any city sampling equipment or samples. B. Where an industrial discharger has security measures in force which require proper identification and clearance before entry into its premises, the industrial discharger shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the city, state, and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities. C. Failure to allow inspection, sampling, monitoring, metering or copying as authorized by this section shall be grounds for termination of wastewater treatment services as well as any other enforcement action authorized under this chapter and deemed appropriate by the 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, judge of a competent jurisdiction will issue a search and/or seizure warrant describing herein the specific location subject to the warrant. The warrant will specify what, if anything, may be searched and/or seized on the property described. Such warrant will be served at reasonable hours by the wastewater manager in the company of an uniformed police officer of the city. In the event of an emergency affecting the public health and safety, inspections will be made without the issuance of a warrant. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 31 of 50 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, and collect and analyze effluent samples from each significant industrial discharger at least once per 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. (Ord. 2003-74 § 1 (part), 2003). 7.65.165 Vandalism„ No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this chapter. (Ord. 2003-74 § 1 (part), 2003). 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 RCW, as now or as it may be amended, but will be made available upon written request to governmental agencies for uses related to this chapter, the NPDES permit, state waste discharge permit and/or the pretreatment programs; provided, however, that such portions of a report or other information will be available for use by the state or any state agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics, other "effluent data" as defined by 40 CFR 2.302, and information for which claims of confidentiality must be denied pursuant to WAC 173-216-080 shall not be recognized as confidential information and shall be available to the public without restriction. B. Information accepted by the city as confidential will not be transmitted to any governmental agency or to the general public by the city until and unless a ten-day notification is given to the discharger. Once notice of intent to release information has been given to the discharger, if the discharger fails to contest the release, then any rights created by this section shall be deemed to have been waived. (Ord. 2003-74 § 1 (part), 2003). Part 7. Wastewater Discharge Permits and Authorizations 7.65.180 Wastewater discharge permit and authorization determination. A. All new nonresidential dischargers (domestic and nondomestic) shall submit a completed preliminary industrial waste survey to the wastewater division for its review and determination of http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 32 of 50 whether a wastewater discharge permit or authorization is required. This industrial waste survey shall be filed within thirty days of being received by the industrial discharger, unless the industrial discharger requests in writing a thirty -day extension from the wastewater manager and the manager approves the request in writing. The preliminary industrial waste survey shall be signed by an authorized representative of the nonresidential discharger and in the form prescribed by the wastewater division. The wastewater manager may require either additional information or a follow-up industrial waste survey (IWS), as described in YMC 7.65.184(B). Should the wastewater manager approve the IWS, it shall satisfy YMC 7.65.184(B)(1) for purposes of applying for a wastewater discharge authorization, if applicable. Existing nonresidential dischargers shall submit a preliminary IWS when requested to do so by the city, (see YMC 7.65.130(B)). 1. Permit Required. Should the wastewater manager determine that a permit is required, the discharger shall comply with YMC 7.65.185, 7.65.190, and 7.65.195 with respect to such permit.. 2. Authorization Required. Should the wastewater manager determine that a written authorization is required for any nonresidential (domestic or nondomestic) discharge, including a temporary discharge, the wastewater manager shall determine which of the terms and conditions in YMC 7.65.190 and 7.65.195, or any other section of this chapter apply. All wastewater discharge authorizations shall comply with YMC 7.65.184. When a wastewater discharge authorization is not required it shall not relieve any discharger to the POTW from the requirement to apply all known, available, and reasonable methods to prevent and control waste discharges to the waters of the state, or the requirement to obtain approval of plans and reports for the construction of wastewater facilities, or 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. (Ord. 2003-74 § 1 (part), 2003). 7.65.184 Wastewater discharge authorization required, A. Authorizations. The wastewater manager may authorize long-term, short-term or temporary wastewater discharges into the city's sewer system. All authorized wastewater discharges shall comply with pretreatment standards and regulations (YMC 7.65.060), limitations on wastewater strength (YMC 7.65.070), and protect the POTW from slugload or accidental discharges (YMC 7.65.080). Failure to comply shall subject the discharger to the enforcement provisions of Part 8 of this chapter and all industrial dischargers located outside of the city's boundaries that receive authorization to discharge from the city shall accept the city's authority to impose those enforcement provisions as a condition to discharging wastewater into the city's sewer system. The wastewater manager may condition the authorization as necessary to comply with the provisions of this chapter, and may deny requests under this section on the grounds that the discharge would violate any provision of this chapter. B. Discharge Authorization Procedure. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 33 of 50 1. Dischargers must submit a completed industrial waste survey (IWS) to the wastewater manager. The survey shall include a complete written description of the proposed project, including the reason for the discharge, rate and duration of the discharge, a site map and plumbing plan showing the location and method to discharge the wastewater, a legal description of the property, and the name and phone number of a contact person. The survey shall also contain the following: a. An analysis of the water to be discharged; b. Volume of wastewater for discharge, 2. The survey shall be signed by an authorized representative of the discharger, 3. The wastewater manager shall review the survey for completeness and, within thirty days, may return to the applicant any incomplete survey with a request for information necessary to complete the survey. Any survey not so returned shall be deemed complete. If returned, the survey shall not be considered complete unless and until the discharger resubmits the survey with the requested information. 4. Further information or applications may be requested from the discharger by the wastewater manager to help determine the status of the discharger or to assist in setting the terms and conditions of the authorization. 5. Authorization Terms and Conditions. A wastewater discharge authorization shall include conditions as are deemed reasonably necessary by the wastewater manager to prevent pass through or interference, protect the quality of POTW's receiving water body, protect worker health and safety, facilitate biosolids management and beneficial reuse, and protect against damage to the POTW. The wastewater manager may include any requirement of YMC 7.65.195 or any other section of this chapter to achieve these goals. 6. Notification of a change in the volume or constituents of any authorized discharge shall be made thirty days in advance of the change to provide the wastewater manager time to consider if a new authorization will be required (see YMC 7.65.140(D)). (Ord. 2007-26 § 1 (part), 2007: Ord. 2003-74 § 1 (part), 2003). 7.65.185 Wastewater discharge permit required.. A. Permit Required of all 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. 1. 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 delegation shall submit a complete permit application in accordance with YMC 7.65.190 at least ninety days prior to the expiration of the then -existing permit; provided, that if such renewal will involve an http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 34 of 50 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 YMC 7.65.190 at least one hundred twenty days prior to the expiration of the then -existing permit. 2. 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 permit has expired and who failed to submit its reapplication in the time period specified herein will be deemed to be in violation of this chapter. As of June 15, 2003, any existing significant industrial discharger that does not possess a current, valid wastewater discharge permit (issued either by the city or by Ecology) and that intends to continue such discharge shall immediately submit a complete permit application to the city in accordance with YMC 7.65.190. 3. New Significant Industrial Dischargers. At least one hundred twenty 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 YMC 7.65.190. Such new source shall not discharge wastewater to the POTW without first receiving a wastewater discharge permit from the city. (Ord. 2003-74 § 1 (part), 2003). 7.65.190 Wastewater discharge permitting process. A. Permit Application, 1. Applications for permits shall be on forms as prescribed and provided by the wastewater division. At a minimum, the applicant shall provide all information required by YMC 7.65.140(A). 2. The applicant must pay applicable fees pursuant to YMC 7.65.110 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 thirty 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. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 35 of 50 B. Public Notice. 1. No earlier than five business days after the wastewater discharge permit application is deemed complete, the city shall publish notice of that application in such a manner to inform and seek comments from interested and potentially interested persons. This public notice requirement does not apply to a permit renewal, if there are no increases in volume or changes in 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; 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. Posting the notice on the premises. 5. The public notice shall include a statement that any person may express their views in writing to the wastewater division within thirty 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. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 36 of 50 1. Any interested person may request a public hearing with respect to permit applications for which notice is required pursuant to subsection B of this section. Any such request for a public hearing shall be filed within thirty days of the last date of publication required pursuant to subsection B of this section and shall indicate the interest of the party filing such request and the reason a hearing is warranted. 2. The wastewater manager shall hold a 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. 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 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 this section; c. Notice shall be mailed to any person who submitted written comment on the application or who requested notice of the wastewater manager's final decision; and d. Notice shall be mailed at least thirty 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 city contact 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 http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 37 of 50 i. The address and phone number of the wastewater division, from which interested persons may obtain information. D. Final Permit Decision. Within sixty days of the last date of publication required pursuant to subsection B of this section or, if a public hearing is held pursuant to subsection C of this section within sixty days of that hearing, the wastewater manager shall either issue or deny the requested permit. Where public notice is not required pursuant to subsection B of this section, the wastewater manager shall either issue or deny the requested permit no later than sixty days after the wastewater discharge permit application is deemed complete. The wastewater manager shall mail notice of the final permit decision to any person who submitted written comment on the application, testified at any public hearing regarding the application, or any other person who requested notice of the decision. (Ord. 2003-74 § 1 (part), 2003). 7.65.195 Wastewater discharge permit contents, transfer and modification. A. Permit Terms and Conditions. 1. Any discharge permit issued by the city shall include such conditions as are reasonably deemed necessary by the wastewater manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate biosolids management and beneficial reuse, and protect against damage to the POTW, including without limitation: a. A statement that indicates the duration of the permit, which in no event shall exceed five years; b. A statement that the wastewater discharge permit is nontransferable without compliance with subsection (B) of this section; c. All known available and reasonable methods of prevention, control and treatment; d. Applicable pretreatment requirements and local discharge limits, including best management practices, and prohibited discharge requirements pursuant to this chapter; e. Self-monitoring, sampling, reporting, notification, technical report submittal, compliance schedules, and record-keeping requirements. These requirements shall identify pollutants to be monitored, sampling locations, sampling frequency, and sample type based on federal, state, and city law; f. Requirements pursuant to other laws including the state's Hazardous Waste Disposal Act, Chapter 70.105 RCW, the Solid Waste Management Act, Chapter 70.95 RCW, the federal Resource Conservation and Recovery Act of 1976, Public Law 95-190, or any other applicable local ordinances or state or federal statutes, to the extent that they pertain to the prevention or control of waste discharges into the waters of the state; g. Any conditions necessary to meet applicable water quality standards for surface waters; h. Requirements necessary to avoid conflict with a plan approved pursuant to Section 208(b) of the Act; http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 38 of 50 i. Any conditions necessary to prevent and control pollutant discharges from plant site runoff, spillage or leaks, sludge or waste disposal, or raw material disposal; j. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements or any applicable compliance schedule; and k. Requirements to control slug discharges, if determined by the wastewater manager to be necessary. 2. As a condition of their permit and as required in YMC 7.65.160, the permittee shall allow the wastewater manager, upon the presentation of credentials and other documents as may be required by law, which may include a judicial inspection warrant, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; d. Have the right to sample or monitor waste discharges for the purposes of assuring permit compliance at any location; and e. Inspect any production, manufacturing, fabricating or storage area where pollutants, regulated under the permit, could originate, be stored, or be discharged to the POTW. 3. The permittee shall, at all times, be responsible for the proper operation and maintenance of any facilities or systems of control installed by the permittee to achieve compliance with the conditions of the permit. Where design criteria have been established, the permittee shall not permit flow or waste loadings to exceed approved designed criteria or approved additions thereto. 4. A new application or supplement to the previous application shall be submitted along with required engineering plans and reports, whenever a new or increased discharge or change in the nature of the discharge is anticipated that is not specifically authorized by the current permit. Such application shall be submitted at least sixty 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 http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 39 of 50 c. Submit a detailed 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, signed by the new owner, between the old and new owner or operator, containing a specific date for transfer of permit responsibility, coverage and liability, is submitted to the wastewater division at least sixty 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 exists, which includes, but is not limited to, promulgation or revisions of categorical standards, the issuance of a special order, a change in the POTW, and alterations or additions to the discharger's discharges. 2. Any permit issued under this chapter may be suspended or revoked, in whole or in part, by the wastewater division for, but not limited to, the following reasons: a. Violation of any permit term or condition; b. Obtaining a permit by misrepresentation or failure to fully disclose all relevant facts; c. A material change in quantity or type of waste disposal; d. Nonpayment of fees associated with the permit; e. Failure to notify the city of significant changes to the discharge prior to implementing that change; f. Falsifying reports; g. Tampering with monitoring equipment; h. Intentionally providing nonrepresentative samples; i. Refusing to allow the city access to the facility premises and records; or j. Failure to meet a compliance schedule. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 40 of 50 3. Wastewater discharge permits shall be voidable upon cessation of operations. All wastewater discharge permits issued to a particular discharger are void upon the issuance of a new discharge permit to that user. (Ord. 2007-26 § 1 (part), 2007: Ord. 2003-74 § 1 (part), 2003). 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. (Ord. 2003-74 § 1 (part), 2003). Part 8. Administrative Enforcement 7.65.200 Notification of violation. Whenever the wastewater manager finds that any discharger has violated or is violating this chapter, or an order issued hereunder, the wastewater manager may serve upon said discharger written notice of the violation. Within ten days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the wastewater manager. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 2003-74 § 1 (part), 2003). 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 YMC 7.65.220 and shall be judicially enforceable. B. Failure to comply with any terms or requirements of a consent order by the discharger shall be an additional and independent basis for termination of wastewater treatment services or for any other enforcement action authorized under this chapter and deemed appropriate by the wastewater manager. (Ord. 2003-74 § 1 (part), 2003). 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 http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 41 of 50 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 will consider applying to the schedule the conditions provided in YMC 7.65.140(A)(7). 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. (Ord. 2003-74 § 1 (part), 2003). 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. (Ord. 2003-74 § 1 (part), 2003). 7.65.240 Administrative penalties. Notwithstanding any other section of this chapter, any discharger who is found by the wastewater manager to have violated any provision of this chapter, or orders issued hereunder, shall be penalized in the amount not to exceed one thousand dollars per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the discharger's next scheduled sewer service charge and the wastewater manager shall have such other collection remedies as he has to collect other service charges. Unpaid charges and penalties shall constitute a lien against the individual discharger's property. Issuance of an administrative penalty shall not be a prerequisite for taking any other action against the discharger. (Ord. 2003-74 § 1 (part), 2003). 7.65.250 Recovery of costs incurred by the city. Any discharger violating any of the provisions of this chapter who discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the city's POTW shall be liable to the city for any reasonable expense, loss, fines or damage caused by such violation or discharge. The city will bill the discharger for the cost incurred by the city for any cleaning, repair, replacement work or other damages caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of Parts 8 and 9 of this chapter. (Ord. 2003-74 § 1 (part), 2003). http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 42 of 50 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 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 will allow the discharger to recommence its wastewater discharge when the endangerment has passed, unless the termination proceedings set forth in YMC 7.65.270 are initiated against the discharger. C. It is unlawful for any person to prevent or attempt to prevent the city from terminating wastewater treatment service in an emergency situation, by barring entry, by physically interfering with city employees or contractors, or by any other means. D. Any discharger whose wastewater treatment service has been suspended pursuant to this section shall have the right to a post -suspension hearing to be conducted in accordance with the procedures set forth in YMC 7.65.280. A discharger which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the wastewater manager prior to the date of the post -suspension hearing. (Ord. 2003-74 § 1 (part), 2003). 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. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 43 of 50 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 pretermination hearing in accordance with the provisions of YMC 7.65.280. (Ord. 2003-74 § 1 (part), 2003). 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 penalties 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 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. 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 days of the receipt of the request (or within five 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 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 YMC 7.65.285. (Ord. 2003-74 § 1 (part), 2003). 7.65.285 Appeal to the city council. A. Any decision of the city manager or the city manager's designee rendered pursuant to YMC 7.65.280 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 days following notification of such decision or action. Such notice of appeal shall 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 days following the date the clerk of the city council http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 44 of 50 receives notice of the appeal. The clerk of the city council will mail written notice to all parties of record to apprise them of the meeting date before the city council. C. City council review of the facts shall be limited to evidence presented to the city manager or the city manager's 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. (Ord. 2003-74 § 1 (part), 2003). 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 days from the date of final action, the discharger files a petition for review in a court of competent jurisdiction in the manner prescribed by law. (Ord. 2003-74 § 1 (part), 2003). 7.65.300 Publication of enforcement actions. A list of all dischargers that experience a significant violation of applicable pretreatment standards or other pretreatment requirements during the previous twelve months shall be published, at least annually, by the city in the largest local daily newspaper of general circulation. For the purposes of this provision, a violation is a significant violation which meets one or more of the following criteria: 1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the wastewater measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) for the same pollutant parameter; 2. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the wastewater measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); 3. Any other discharge violation of a pretreatment standard or requirement, as defined by 40 CFR 403.3(1) (daily maximum, longer-term average, instantaneous limit or narrative standard) that the city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of the POTW personnel or the general public); 4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the city's exercise of its emergency authority under YMC 7.65260 to halt or prevent such a discharge; http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 45 of 50 5. Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance; 6. Failure to provide, within forty-five days after the due date, required reports such as baseline monitoring reports, compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules; 7. Failure to accurately report noncompliance; 8. Failure to maintain records of pretreatment facility maintenance, including, but not limited to, cleaning and waste removal dates, and means of disposal of accumulated wastes; or 9. Any other violation or group of violations which causes the city to expend considerable time or expense in tracking down the source of pollutants detected in the POTW wastewater influent, or which the city determines will adversely affect the operation or implementation of its pretreatment program. (Ord. 2007-26 § 1 (part), 2007: Ord. 2003-74 § 1 (part), 2003). 7.65.310 Performance bonds and liability insurance,. The wastewater manager may decline to reinstate wastewater treatment services for any discharger who has had its services suspended or terminated under the provisions of this chapter unless such discharger, at the discretion of the wastewater manager, either: (1) first files with the wastewater manager a satisfactory bond, payable to the POTW, in a sum not to exceed a value determined by the wastewater manager to be necessary to achieve consistent compliance; or (2) first submits proof that it has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge. (Ord. 2003-74 § 1 (part), 2003). 7.65.320 Operating upsets. A. Any discharger that experiences an upset shall inform the wastewater manager of the upset within twenty-four 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 days after the discovery. This report shall be based on properly signed, contemporaneous operating logs or other relevant evidence and shall include: 1. A description of the upset, the cause of the upset and the impact of the upset on the discharger's compliance with this chapter. 2. The duration of noncompliance (including exact dates and times) and, if noncompliance is continuing, the time by which the discharger expects to be in compliance. 3. All steps which have been taken or will be taken to prevent the recurrence of the upset. 4. Evidence that the facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures. B. A timely documented and properly verified operating upset shall be an affirmative defense to any enforcement action brought by the city against the discharger for failure to comply with this chapter to http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 46 of 50 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. (Ord. 2003-74 § 1 (part), 2003). 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 YMC 7.65.060(B), or with the specific prohibitions found in YMC 7.65.060(B)(2), (7), (8), (10) and (13), 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: (1) a local limit exists under YMC 7.65.070(E) for each pollutant discharged and the discharger was in compliance with each limit directly prior to, and during, the pass through or interference, or (2) no local limit exists under YMC 7.65.070(E), 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 biosolids use or disposal requirements. (Ord. 2003-74 § 1 (part), 2003). 7.65.340 Bypass. A. A discharger may allow any bypass to occur which does not cause the pretreatment standards or requirements of YMC 7.65.060 and 7.65.070 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 days before the date of the bypass if possible. A discharger shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the wastewater manager within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be provided within five 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 hours. C. Bypass is prohibited, and the city may take enforcement action against a discharger for a bypass, unless: 1. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; 2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 47 of 50 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 determines that it will meet the three conditions listed in this subsection. (Ord. 2003-74 § 1 (part), 2003). 7.65.350 Records retention. All dischargers subject to this chapter shall retain and preserve for no less than six years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or on behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of an enforcement action or litigation shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired, but in no case less than six years. (Ord. 2003-74 § 1 (part), 2003). Part 9. Judicial Enforcement 7.65.360 Judicial remedies. If any person discharges sewage, industrial wastes or other wastes into the city's wastewater collection or treatment system contrary to the provisions of this chapter or any order issued hereunder, the wastewater manager, through the city attorney, may commence an action for appropriate legal and/or equitable relief in the court having jurisdiction over the matter (the city of Yakima municipal court or the Yakima County superior court). Such judicial action may be in lieu of or in addition to any other administrative enforcement action authorized herein. (Ord. 2007-26 § 1 (part), 2007: Ord. 2003-74 § 1 (part), 2003). 7.65.370 Injunctive relief, Whenever a discharger has violated or continues to violate the provisions of this chapter or order issued hereunder, the wastewater manager, through counsel, may petition the court having jurisdiction over the matter (the city of Yakima municipal court or the Yakima County superior court) for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the discharger. The wastewater manager shall have such remedies to collect fees as associated with legal costs as it has to collect other sewer service charges. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a discharger. (Ord. 2007-26 § 1 (part), 2007: Ord. 2003-74 § 1 (part), 2003). 7.65.380 Civil penalties. A. Any discharger who has violated or continues to violate an order of the city, or who fails to comply with: (a) any provision of this chapter, or (b) any rule or order of the city, issued pursuant to this chapter, shall be liable to the city for a civil penalty. The amount of such civil penalty shall be up to one thousand dollars per violation, plus actual damages incurred by the POTW. Each day upon http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 48 of 50 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. (Ord. 2003-74 § 1 (part), 2003). 7.65.390 Falsifying information. Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter (in addition to civil and/or criminal penalties otherwise provided by law) shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars per violation per day plus costs of prosecution or imprisonment not to exceed ninety days or both. (Ord. 2003-74 § 1 (part), 2003). 7.65.400 Criminal penalties. Any person who willfully, knowingly, recklessly or negligently violates any provision of this chapter through any act or omission shall, upon conviction, be guilty of a gross misdemeanor, punishable by a fine of not more than five thousand dollars or imprisonment not to exceed one year, or by both such fine and imprisonment. Each violation and each day of each violation shall constitute a separate offense. (Ord. 2006-07 § 28, 2006: Ord. 2003-74 § 1 (part), 2003). 7.65.410 Remedies nonexclusive. The provisions in Parts 8 and 9 of this chapter are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions against a noncompliant discharger. (Ord. 2003- 74 § 1 (part), 2003). Part 10. Additional Provisions 7.65.420 Septage and liquid waste hauling requirements. A. It is unlawful for any person, firm or corporation to engage in the business of cleaning or pumping out 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, http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 49 of 50 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 service area, except at discharge points specifically designated by the POTW or which have been approved in writing by the wastewater manager. Anyone discharging any trucked or hauled waste into the city's wastewater collection or treatment system must comply with the pretreatment standards and requirements set forth in this chapter. B. No person, firm or corporation engaged in septage hauling will be allowed to discharge septage into the POTW unless they comply with the following septage hauling requirements: 1. Hold a valid septage hauling permit from the Yakima health 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 prior to arrival at the POTW; and 4. Prevent the commingling of industrial wastewater, process wastewater, biosolids and domestic wastewater. Any wastewater collected from a business or industry must receive a written authorization from the wastewater manager before surcharge 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. E. The discharge of any trucked or hauled waste containing hazardous wastes, as defined under applicable federal and state laws and regulations, to the POTW shall be strictly prohibited. F. Failure to comply with the terms of this section shall subject the person, firm or corporation responsible for the failure to the penalties specified in Part 8 of this chapter. (Ord. 2003-74 § 1 (part), 2003). 7.65.430 Regulations. The wastewater manager will have the authority to promulgate written regulations consistent with this chapter. (Ord. 2003-74 § 1 (part), 2003). 7.65.440 Severability. http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS* Page 50 of 50 The provisions of this chapter are severable, and if any provision of this chapter, or the application of any provision of this chapter to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this chapter shall not be affected thereby. (Ord. 2003-74 § 1 (part), 2003). The Yakima Municipal Code is current through Ordinance 2014-015, passed July 15, 2014. Disclaimer: The City Clerk's Office has the official version of the Yakima Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. Click here to view recently enacted ordinances not vet codified (http://www.yakimawa.gov/council/archived-agenda-minutes/) . City Website: http://www.yakimawa.gov/ (http://www.yakimawa.gov/) City Telephone: (509) 575-6037 v http://www.codepublishing.com/WA/yakima/html/Yakima07/Yakima0765.html 9/19/2014 DATE ADDRESS Dear Manager, EPA mandates the implementation of the General Pretreatment Regulations 40 CFR 403, to all businesses that may affect the City of Yakima (City) publicly owned treatment works (POTW). Businesses are classified as minor industrial users (MIUs) based on the category of the business, and by characteristics and volume of wastewater being discharged. After performing an inspection of your business located at ADDRESS, the City's Pretreatment Program has determined it to be classified as a MIU. As a MIU, the facility will be charged a sewer pretreatment (SPT) charge on your wastewater bill. The charge will be in accordance with § 7.60.105 C. of the City of Yakima Municipal Code. This charge covers periodic testing performed by the City to ensure compliancy with wastewater discharge limits set by the Pretreatment Program. It will also allow the Pretreatment crew to inspect and monitor the facility as needed. Best Management Practices will also be reviewed during the inspections. Please note that if a unique sample port (sampling manhole) is not available, wastewater discharge samples will be collected from the nearest downstream manhole. For information regarding sample port installation requirements, please contact my office. if you have any questions, please feel free to call me at (509) 575-6077. Sincerely, Arlene Carter Pretreatment Supervisor Wastewater Division NAIC# Business Name Street Address 238330 B AND E HOME CARPET CLEANING 905 W NOB HILL BLVD 238330 BUDGET CARPET CENTER 802 W NOB HILL BLVD 238330 CASCADE CARPET CLEANING 116 N 69TH AVE 31.1340 COPPER POT CARAMELS LLC 4906 SUMMITVIEW AVE 311520 LA SUPER ICE CREAM 610 N 18TH AVE 311611 FOREST ACRES INC 531,1 BITTERROOT WAY 311811 CAKE KISS 5609 SUMMITVIEW AVE 311811 CREACIONES 5 HERMANOS 201 W WALNUT AVE #C 311811 J'S CUSTOM CAKES 3602 KERN RD 322211 DIE TECHS 315 S 4TH AVE 323119 INSTANT PRESS INC 805 SUMMITVIEW AVE 423850 JANITOR'S CLOSET 109 5 4TH AVE 423860 GE AVIATION 2720 W WASHINGTON AVE 423930 CHICAGO JUNK & MACHINE CO 13 S 3RD AVE 424460 CLAM ACRES 2304E NOB HILL BLVD. 424690 CH2O INC 610 N 16TH AVE 44111.0 AUTO MAX USA 1701.5 1ST ST 441110 JALISCO AUTO SALES & BODY SHOP INC 705 5 3RD 5T 441.110 JOEL ELDER'S SUNDANCE AUTO SALES INC 505 5 1ST ST 441120 AC AUTO SALES 715 S 2ND ST 441120 AC AUTO SALES 111 1222 FRUITVALE BLVD 441120 AR1 AUTO SALES 501 S 1ST ST 441120 ARREOLAS AUTO SALES WRECKING 305 CHALMERS ST 441120 ARREOLA'S AUTOMOTIVE INC 300 CHALMERS ST 441120 AUTO SMART 514 5 3RD ST 441120 BACK IN THE DAY MOTOR SPORTS 1606 N 1ST ST 441120 BAEZA AUTO SALES INC 1320 5 7TH ST 441120 BOATS-N-STUFF 3699 FRUITVALE BLVD 441120 BRONCO AUTO SALES 1710 S 3RD AVE 441120 BROWN BOYS INC 614 5 1ST ST 441120 BRUCE KIRKHAM'S AUTO WORLD LLC 2018 S 1ST ST 441120 BUY HERE - PAY HERE 1602 FRUITVALE BLVD 441120 CITY MOTORS OF YAKIMA 817 N 16TH AVE 441120 DELUX AUTO SALES/DELUX AUTO GLASS 1817 S 1ST ST 441120 ED & MOE'S 3699 FRUITVALE BLVD 441120 EL PATRON AUTO SALES 502 5 2ND ST 441120 ESTRADA AUTO SALES 516 S 3RD ST 441120 EZ DRIVE AUTO SALES ESTEBAN GONZALEZ 709 E NOB HILL BLVD 441120 'GREAT AMERICAN CAR CO 1111 5 1ST 5T 441120 J & M AUTO SALES 206 S 4TH AVE 441120 J & V AUTOS & RV'S 503 N 21ST AVE 441120 LUXURY LANE AUTO SALES 615 S 1ST ST 441120 MARQUIS AUTO SALE 116 5 15T ST 441210 HILLS AUTO SALES & RV LLC 1728 S 1ST ST 441221 HEART AND SOUL CYCLES LLC 703 S 1ST AVE #1 441222 A J MARINE REPAIR 902 W NOB HILL BLVD 441222 D & L DRYDOCK 5010 W CHESTNUT AVE 441222 DONS DRY DOCK MARINA INC 3699 FRUITVALE BLVD 441229 JON'S GOLF & SKI 1700 FRUITVALE BLVD 441310 A & L TRUCK SUPPLY 915 S 1ST ST 441310 ARREOLA AUTO NEW PARTS AND TIRES 514 5 1ST ST #C 441310 AUDIO KING AND TINTING 700 E NOB HILL BLVD 441310 AUTO ZONE #3384 3722 W NOB HILL BLVD 441310 AUTOWERX 1101 N 16TH AVE #106 441310 CENTRAL SALVAGE & AUTO WRECKING LTD 601 S 1ST AVE 441310 CENTRAL SALVAGE & AUTO WRK 6 E RACE ST 441310 ,CHRIS°RECOVERY SHOP LLC 1418 E NOB HILL BLVD 441310 FINAL CHOICE CUSTOMS 6 E RACE ST 443.310 FINAL CHOICE CUSTOMS 712 5 1ST ST 441310 GEORGE ZIMMER DIST INC 605 S 1ST ST 441310 HENDO'S ACCESSORIES INC 503 S 3RD AVE 441310 JAKE'S CUSTOM AUTO 912 TERRACE HEIGHTS WY 441310 KENWORTH NORTHWEST INC 907 5 18TH ST 441310 LENARD'S AUTO MACHINING 2603 ENGLEWOOD AVE 441320 AFFORDABLE TIRE CENTER 206 W MEAD AVE 441320 ALL SERVICES INC 905 LINDY LN 441320 BIG "0" TIRE STORE 2601 W NOB HILL BLVD 441320 COMMERCIAL TIRE INC 141.15 1ST ST 441320 EL PRIMO TIRES 66 W MEAD AVE 441320 GOODYEAR TIRE CENTER OF YAKIMA 1 E LINCOLN AVE 441320 JOEL'S TIRES 1203 N 40TH AVE 445110 GFS WALMART 1400 LAKESIDE CT STE 105 445110 LA MILPA MARKET 602 1/2 W NOB HILL BLVD 445120 3-W TRUCKING INC 309 S 4TH AVE 445120 7 - ELEVEN #27556G 1601 FRUITVALE BLVD 445120 DOWNTOWN SUPER FOODS 316 S 3RD ST #100 445120 FRUITVALE MARKET 1408 FRUITVALE BLVD 445120 GLESNER'S MARKET 1326 5 FAIR AVE 445120 HOKUS POKUS BEER & DELI 2401 W NOB HILL BLVD #A 445210 MATTERHORN MEATS & DELI 1313 N 16TH AVE 445230 MANANTIAL 910 E NOB HILL BLVD 447110 AMPM 5714 1601 W WASHINGTON AVE 447110 BENCHMARK SHELL 1202 N 1ST ST 447110 BREWERS GREYHOUND SERVICE 3922 FRUITVALE BLVD 447110 BREWERS IN -MART II 3922 FRUITVALE BLVD 484120 KENNEDY TRANSPORTATION INC 1901 N 2ND ST 484121 ARS TRANSPORT BROKERAGE LLC 3601 W WASHINGTON AVE #2B 522220 COALCOMAN AUTO SALES INC 1723 5 1ST ST 532111 HERTZ CORPORATION 2300 W WASHINGTON AVE #2 532112 BUDGET RENT A CAR OF YAKIMA 2300 W WASHINGTON AVE 541611 FAMILY MEDICINE OF YAKIMA 504 N 40TH AVE 541611 INTEGRATED MEDICAL EXAMINERS LLC 2117 W LINCOLN AVE 541612 BELLEVUE HEALTHCARE!! INC YAKIMA VALLEY 702 N 1ST AVE #B 541850 ADVANCED DIGITAL IMAGING LLC 3402 W WASHINGTON AVE STE 112 541890 HOLM SALES 1002 N 6TH AVE 541890 IMPACT DIRECTORIES 1113 FRUITVALE BLVD #1 541920 FABULOUS CLEANING & CISNEROS PHOTOGRAPHY 701 N 1ST ST STE 202 541921 CHRISTEL CLEAR PHOTOGRAPHY 3810 W NOB HILL BLVD STE 102 541921 DANIELLE BAILEY PHOTOGRAPHY 6 S 2ND ST #404 541921 DURAPHOTOGRAPHY LLC 513 N FRONT ST #W 541921 EXTREME SPORTS PHOTOS LLC 11 N 11TH AVE #106 541921 HIS CREATION PHOTO 809 S 27TH AVE 541940 LINCOLN VETERINARY CLINIC 1715 W LINCOLN AVE 541990 CENT WA THERMAL IMAGING 1300 N 40TH AVE SUITE 111 611512 EXPLORE AVIATION LLC 2401 S ST AVE 611512 MCCORMICK AIR CENTER LLC 3210 W WASHINGTON AVE 621110 APPLE VALLEY FAMILY MEDICINE 1008 S 38TH AVE #110 62117.0 CENT WA INTERNAL MEDICINE/ENDOCRINE 111 5 11TH AVE #321 621510 INTERPATH LABORATORY INC 1114 W SPRUCE ST 621510 MEDICAL CENTER LABORATORY 1120 W SPRUCE ST 621511 DIAGNOSTIC VASCULAR LABORATORIES LLC 3911 CASTLEVALE RD #105 623310 APPLE CREEK INC 513 W WASHINGTON AVE 623312 CHANDLER HOUSE 701 N 39TH AVE 623312 COVENANT HOUSE 226516TH AVE 623312 ELLEN HOUSE AFH 616 5 30TH AVE 623312 FIELDSTONE MEMORY CARE 4120 ENGLEWOOD AVE 624410 A CHI DS PLACE 2 7 5 7TH AVE 624410 APPLE VALLEY PRESCHOOL CHILDCARE 1020 S 26TH AVE 624410 APPLE VALLEY SITE 7 N 88TH AVE 624410 BUCKLE MY SHOE EARLY LEARNING CENTER 108 5 3RD AVE 624410 CDI HEAD START SERVING CENTRAL WA 615 N 15TH AVE 624410 CDI HEAD START SERVING CENTRAL WA 723 5 8TH ST 624410 CDI HEAD START SERVING CENTRAL WA 1002 5 72ND AVE 624410 COTTAGE KIDS CHILDREN CENTER 604 SUPERIOR LN 624410 COUNTRY KIDS 911 N 21ST AVE 624410 EARLY LEARNING CENTER 219 S 30TH AVE 624410 JIEWETT CENTER 212 E F ST 624410 JOYFUL NOISE EARLY LEARNING CENTER 402 N 2ND ST 624410 LEARNING TOGETHER EDUCATION PRESCHOOL 7105 ALPINE WAY 624410 MANZO LETICIA 1008 5 22ND AVE 624410 RAMIREZ CHILD CARE CENTER 305 W LINCOLN AVE 624410 SONSHINE CHILDCARE CENTER 7809 TIETON DR 624410 TAYLOR TOTS CHILDCARE CENTER INC 315 N 5TH AVE 624410 WEST VALLEY CHILD CARE ASSOC MIDDLE SCHOOL SITE 1500 S 75TH AVE 624410 YAKIMA PUBLIC SCHOOLS (CHILDCARE) 212 5 6TH AVE 713910 APPLE TREE GOLF COURSE 8804 OCCIDENTAL RD 721110 BALI - HAI MOTEL 710 N 1ST ST 721110 DAYS INN 1504 N 1ST ST 721110 ECONOMY INN MOTEL 1405 N 1ST ST 721191 A TOUCH OF EUROPE B&B INN 220 N 16TH AVE 722110 BERT'S PUB 5110 TIETON DR #100 722110 BLUE HILLS TACOS 1509 TIETON DR #B 722110 EL RINCON RESTAURANT 3704 FRUITVALE BILVD 722110 LOS AMIGOS NATURAL JUICES 1009 N 1ST ST#A 722210 CASA VITTORE COFFEE BISTRO 212 E YAKIMA AVE 72227.1 5TH AVE DELI 415 W WALNUT ST 722211 ANTOJITOS MICHOACAN 1408 5 1ST ST 722211 DUTCH BROS COFFEE 6520 W NOB HILL BLVD 722211 EL SOMBRERO TAQUERIA 911 W NOB HILL BLVD 722211 FLIPPER'S FRESH WATER 401 W NOB HILL BLVD 722211 FUEL COFFEEHOUSE 28 N 1ST ST 722211 HUMMINGBIRD CAFE CBM 3 W YAKIMA AVE 722211 KIMBERLY'S 2011 W WASHINGTON AVE 722211 LA MONTANA 1408 E NOB HILL BLVD 722211 LA OAXAQUENA TAMALES 326 N 1ST ST 722211 LUCERITO FAMILY FOOD 1205 N 1ST ST #102 722213 ALADDIN'S HOOKAH LOUNGE 2209 W NOB HILL BLVD 722213 BASKIN ROBBINS 3802 W NOB HILL BLVD 722213 BOEHM'S CANDY AT YAKIMA 5645 SUMMITVIEW AVE 722213 CAFE' AMORE 14 N 7TH AVE 722213 CRUISIN COFFEE 111 E WASHINGTON AVE 722213 FOUNTAIN FRUIT 12 E WASHINGTON AVE #1 722213 GOURMET TRIO DELI & EXPRESSO 1230 1ST ST 722213 JIMMY JOHN'S GOURMET SUB SHOP 122 E YAKIMA AVE 722213 JITTER BEAN ESPRESSO BAR 1020 5 3RD AVE 722310 ANGELA & ANTHONY CREATIVE CUISINE 9 5 8TH AVE 722320 FIESTA CATERING 18 S 3RD ST 722320 JULIA'S CATERING 111 E YAKIMA AVE 722330 A TASTE OF HAWAII FRANKLIN PARK 722330 ALL AMERICAN ICE CREAM 1416 S 16TH AVE 722330 ARIEL 809 W NOB HILL BLVD 722330 DANIEL'S PLACE 19 5 3RD ST CINCO DE MAYO EVENT 2014 722330 EL JALISIENSE 608 E NOB HILL BLVD 722330 GOOD THINGS TO EAT 101 N 79TH AVE 722330 HUMBERTO MACIAS/GIOVANNY MACIAS 7 5 6TH ST 722410 BOBS KEG & CORK 27 N FRONT ST 722515 C ENTERPRISES 104 E CHESTNUT AVE 722515 COOL BEANS LLC 326 N 1ST ST 722515 COOL BEANS YAKIMA LLC 910 W NOB HILL BLVD 722515 DREAMGIRLS ESPRESSO 1323 5 8TH ST 723930 ELITE TIRE CENTER 1611 S 1ST ST 811110 AUTO TECNO 916 N 28TH AVE #B 8111.10 LIL' RICKYS AUTO SERVICE 6601 TIETON DR #F 811111 A&Z AUTO SERVICE 920 N 26TH AVE 811111 A-1 RIGBY AUTOMOTIVE 510 5 4TH AVE 811111 AB TRANSMISSION LLC 3711 W WASHINGTON AVE 811111 ADVANCED AUTOMOTIVE 609 5 1ST ST 811111 ALL - BETTER TRUCK REPAIR 1001 MADISON AVE 811111 ALL AMERICAN AUTO ELECTRIC 1013 TIETON DR 811111 APPLE VALLEY AUTOMOTIVE SERVICE LLC 1413 RIVER RD 811111 AUTO ART & COLLISION REPAIR LLC 1718 5 18TH ST 811111 AUTO HAUS 2012 FRUITVALE BLVD 811111 AUTO TECH 901 N 5TH AVE 811111 AUTOMETRICS LLC 813 N FRONT ST 811111 AZTECA AUTO REPAIR & BODY SHOP 920 N 26TH AVE 811111 BADILLO AUTO ELECTRIC 813 S 3RD ST 811111 BIC AUTOMOTIVE 13 W WASHINGTON AVE 811111 BONNIE & CLYDES TUNE UP LLC 501 E NOB HILL BLVD 811111 BOSLER'S AUTOMOTIVE SERVICE 502 5 3RD ST 811111 BRITISH CENTRAL 502 N 18TH AVE 811111 BUNGER AUTO REPAIR 922 N 6TH AVE 81111.1. C & C AUTOMOTIVE 22 RANCH RITE RD 811111 CHET'S TRUCK REPAIR & SALES INC 3003 W WASHINGTON AVE 811111 DAVID'S AUTOMOTIVE 718 E NOB HILL BLVD 811111 DRIVE LINE SERVICE OF YAKIMA INC 730 N 16TH AVE #5 811111 EL SOL AUTO REPAIR 1503 FRUITVALE BLVD 811111 ELECTRO MECHANICS GUADALAJARA 705 $ 3RD ST 811111 GREASE MONKEYS 2518 S 215T AVE 811111 HARLEY'S CHUCK WAGON 216 S 5TH AVE 811111 HEAD GASKET SERVICE 304 5 1ST ST 811111 11'5 MOTORS 718 E NOB HILL BLVD 811111 JULIAN'S BODY SHOP 611 N FRONT ST 811111 LOPEZ AUTO DETAIL 207 5 6TH AVE 811111 LOS AMIGOS AUTO REPAIR 313 S 2ND ST 811111 MASTERLUBE INC 902 N 1ST AVE 811112 A MUFFLER BANDIT INC 601 1/2 5 1ST ST STE #L $11112 BONNIE & CLYDE MUFFLER CENTER 105 E NOB HILL BLVD 811118 BONNIE & CLYDES BRAKE CTR INC 109 E NOB HILL BLVD 811118 FORASTERO AUTOMOTIVE 1806 E BIRCH ST #102 811121 2 PERFECTION AUTO BODY 1517 5 18TH ST 811121 ABSOLUTE AUTO 503 E NOB HILL BLVD 811121 APPLE BODY SHOP 1601E NOB HILL BLVD 811121 AUTOCRAFT PAINT & BODY WORKS LLC 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FRUITVALE BLVD TROPICAL SMOOTHIES 18 5 3RD ST UXO COFFEE 111 5 11TH AVE UXO COFFEE 110 S 9TH AVE VALLE AUTO REPAIR 1517 5 18TH ST VALLEY AUTOMOTIVE CENTER 914 TERRACE HGTS WAY VALLEY FORD 910 5 1ST ST VIV'S AUTO SALES 1517 5 18TH ST WASHINGTON AUTO BODY 810 E RU SE LN WESTERN MOTEL 1202 FRUITVALE BLVD WILSON AUTOMOTIVE 1517 1/2 5 3RD AVE XTREME AUTO BODY SHOP 403 S 2ND ST YAKIMA CRAFT BREWING -TAPROOM ON THE AVE 120 E YAKIMA AVE YAKIMA MOTORS 411 S 3RD AVE 442 YAKIMA TIRE SHOP 401 5 3RD ST Distributed at the Meetingq 30'/t/ 2015 Combined Proposed Monthly Utility Cost Impact — Single Family Residential Water Wastewater Stormwater Total Single Family/Month $0.60 $1.16 $1.97 $3.73* Current 2015 Proposed Change Single Family/Month $59.79 *Difference due to numeric rounding $63.52 $3.72*