HomeMy WebLinkAbout11-22-10 Council Workshop
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN
1. (10 min) Addendum No. 1 to Waste Management NW Contract ATTACHMENT A
2. (5 min) Draft Proposed Stormwater Rate Ordinance ATTACHMENT B
3. (15 min) ASD Pioneer and High School Critical Area Protection Easements ATTACHMENT C
4. (5 min) AMC 2.72 – Bidding Procedure / Small Works Roster (Ordinance) ATTACHMENT D
5. (5 min) AMC 5.04 – Peddlers & Solicitors (Ordinance) ATTACHMENT E
6. (5 min) AMC 13.36 – Pre-treatment (Ordinance) ATTACHMENT F
7. (10 min) Prosecutor Contract ATTACHMENT G
8. (10 min) Final 2011 Budget Review (Budgets previously distributed)
9. Miscellaneous Council items
ADJOURNMENT
To open all attachments, click here
Arlington City Council Workshop
November 22, 2010 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT A
COUNCIL WORKSHOP DATE:
November 22, 2010
SUBJECT: Waste Management Northwest
Contract Amendment.
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
Handout at workshop
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION: Contract Amendment with Waste Management to correct confusion in Multi-
Family and Commercial Services.
HISTORY: City of Arlington entered into a new contract with Waste Management Northwest
on September 2010 for the refuse and recycling franchise within the City. It has been
discovered that the contract is in need of minor revisions to the wording in four sections.
An updated version of the Amendment will be handed out during the November 22, 2010
Council Workshop.
ALTERNATIVES:
- None
RECOMMENDED ACTION:
- No action requested – workshop only.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT B
COUNCIL WORKSHOP DATE:
November 22 , 2010
SUBJECT: Proposed Stormwater Rate
Ordinance (DRAFT)
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
- Handout at Workshop
EXPENDITURES REQUESTED: No expenditure
BUDGET CATEGORY: N/A
LEGAL REVIEW: Pending Final Review by City Attorney
DESCRIPTION: As shown in the recently completed Stormwater Comprehensive Plan, the City
needs to increase Stormwater Utility rates to fund needed Stormwater programs and capital
improvement activities required by the state issued NPDE, Phase 2 permit.
HISTORY: Following the two public hearings, City Council has requested staff to increase the
stormwater rates based on rate increase scenario 2 (a gradually increase over three years) and to
cap the annual CPI increase at 2 percent. Staff has drafted a Stormwater Rate ordinance
amending Arlington Municipal Code 13.12 to reflect this request.
ALTERNATIVES:
-
RECOMMENDED ACTION:
- No action requested, workshop only.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT C
COUNCIL MEETING DATE:
SUBJECT: Acceptance of Critical Area
easement as required in Land Use permits.
DEPARTMENT OF ORIGIN:
Community Development
ATTACHMENTS:
The copies of Critical Area Protection Easement documents and maps provided by the School
District.
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
Steve Peiffle has reviewed the document
DESCRIPTION: The School district is completing the final tasks that were required in the land
use permits for the High School and Pioneer Elementary construction projects.
HISTORY: When the School District built the two projects there were critical areas on site. The
school was required to identify and record Critical Area Protection Easements on the buffer and
critical areas. The School has now completed the necessary paperwork and would like to
complete the process.
ALTERNATIVES:
Do not accept the Critical Area Protection Easements.
RECOMMENDED MOTION:
No action at this time. This will be presented for action at the December 6, 2010 meeting.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT D
COUNCIL MEETING DATE:
November 22, 2010
SUBJECT:
Update of AMC Chapter 2.72 – Purchasing
and Small Works Roster
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- AMC Chapter 2.72 with strikeouts
- AMC Chapter 2.72 (clean copy)
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney is reviewing the proposed
changes
DESCRIPTION:
Staff is proposing updates to AMC Chapter 2.72 which addresses the city’s purchasing and
small works roster processes. Staff is proposing to repeal most of the existing sections of AMC
Chapter 2.72 and rewrite it to align with state law.
This chapter was last updated in 2000. State law regarding purchasing and small works roster
has changed considerably since that time.
HISTORY:
The City has been updating the Arlington Municipal Code over the course of the past year. The
project should be complete and the AMC completely updated in a searchable format by the end
of 2010.
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time.
Chapter 2.72 BIDDING PROCEDURE/PURCHASING AND SMALL
WORKS ROSTER PROCEDURE
Sections:
REWRITE
2.72.010 Compliance with notice of invitation and regulations.Small works
roster procedures
REWRITE 2.72.020 Date of call for bids-Newspaper noticeLimited small works roster
procedures.
REWRITE 2.72.030 Bid receipt.
REPEAL
Purchasing procedures.
2.72.040 Acceptance procedure.
REPEAL
2.72.050 Public work or improvement-When bid required.
REPEAL
2.72.060 Small works roster established.
REPEAL
2.72.062 Contractors eligible to apply to be on small works roster.
REPEAL
2.72.064 Use of small works roster.
REPEAL
2.72.070 Purchase in excess of seven thousand five hundred dollars.
2.72.010 Compliance with notice of invitation and regulationsSmall works roster
procedures.
All bids offered by persons, associations or corporations desiring to sell or supply material,
equipment, supplies or services to, or purchase the same from, the city shall comply strictly with
the terms of the notice of invitation for bids and the specifications or general conditions issued or
published by the city in connection therewith, together with all state laws relating to public
works contracts, the terms of which shall be deemed to be included in such specifications or
general conditions whether or not they are expressly set out therein.
(Ord. 927 §l(part), 1988: Ord. 913 §1(part), 1987).
1. Cost. The City need not comply with formal sealed bidding procedures for the
construction, building, renovation, remodeling, alteration, repair or improvement of real
property where the estimated cost is within the limits, as set forth in RCW 35.23.352 for
single-craft or multi-crafts or within the limits as set forth by RCW 39.04.155, for the use
of the small works roster. The estimated cost must include the costs of labor, material,
equipment and sales and/or use taxes as applicable. The breaking of any project into units
or accomplishing any projects by phases is prohibited if done for the purpose of avoiding
the maximum dollar amount of a contract that may be let using the small works roster
process.
2. Number of Rosters. The City may create a single general small works roster, or may
create a small works roster for different categories of anticipated work. Said small works
rosters may make distinctions between contractors based upon different geographic areas
served by the contractor.
3. Contractors on Small Works Roster(s). The small works roster(s) shall consist of all
responsible contractors who have requested to be on the roster(s), and are properly
licensed or registered to perform such work in this state.
4. Publication. At least once a year, the City shall publish in a newspaper of general
circulation within the City a notice of the existence of the roster or rosters and solicit the
names of contractors for such roster or rosters. Responsible contractors shall be added to
an appropriate roster or rosters at any time that they submit a written request and
necessary records. The City may require master contracts be signed that become effective
when a specific award is made using a small works roster. An Interlocal contract or
agreement between the City and other local governments establishing a small works
roster or rosters to be used by the parties to the agreement or contract must clearly
identify the lead entity that is responsible for implementing the small works roster
provisions.
5. Electronic, Telephone, or Written Quotations. The City shall obtain electronic, telephone,
or written quotations for public works contracts from contractors on the appropriate small
works roster to assure that a competitive price is established and to award contracts to the
lowest responsible bidder, as defined in RCW 43.19.1911, as follows:
a. A contract awarded from a small works roster need not be advertised. Invitations
for quotations shall include an estimate of the scope and nature of the work to be
performed as well as materials and equipment to be furnished. However, detailed
plans and specifications need not be included in the invitations. This subsection
does not eliminate other requirements for architectural or engineering approvals
as to quality and compliance with building codes;
b. Quotations may be invited from all appropriate contractors on the appropriate
small works roster. As an alternative, quotations may be invited from at least five
(5) contractors on the appropriate small works roster who have indicated the
capability of performing the kind of work being contracted, in a manner that
attempts to equally distribute opportunities among the contractors on the
appropriate roster;
c. If the estimated cost of the work is above $65,000 for multi-craft or $40,000 for
single-craft projects up to the limits of use of small works roster as set forth in
RCW 39.04.155, the City may choose to solicit bids from less than all the
appropriate contractors on the appropriate small works roster but must also notify
the remaining contractors on the appropriate small works roster that quotations on
the work are being sought. The City has the sole option of determining whether
this notice to the remaining contractors is made by:
i. Publishing notice in a legal newspaper in general circulation in the area
where the work is being done;
ii. Mailing a notice to these contractors; or
iii. Sending a notice to these contractors by facsimile or other electronic
means;
d. For the purposes of this section, “equitably distribute” means that the City may
not favor certain contractors on the appropriate small works roster over other
contractors on the appropriate small works roster who perform similar services;
e. At the time bids are solicited, the City representative shall not inform a contractor
of the terms or amount of any other contractor’s bid for the same project;
f. A written record shall be made by the City representative of each contractor’s bid
on the project and of any conditions imposed on the bid. Immediately after an
award is made, the bid quotations obtained shall be recorded, open to public
inspection, and available by telephone inquiry; and
g. At least once every year a list of contracts awarded under this section shall be
made available to the general public. The list shall contain the name of the
contractor or vendor awarded the contract, the amount of the contract, a brief
description of the type of work performed or the items purchased under the
contract, and the date it was awarded. The list shall also state the location where
the bid quotations for these contracts are available for public inspection.
6. Determining Lowest Responsible Bidder. To the extent consistent with applicable
commitment authority, the Mayor shall award the contract for the public works project to
the lowest responsible bidder; as provided in RCW 39.04.350 and the bid documents.
7. Life Cycle Costing. In considering bids for the construction of public works projects,
whenever there is a reason to believe that applying the “life cycle costing” method to bid
evaluation would result in the lowest total cost to the City, first consideration shall be
given to the bid with the lowest life cycle cost which complies with the specifications.
“Life cycle cost” means the total cost of an item to the City over its estimated useful life,
including costs of selection, acquisition, operation, maintenance, and where applicable,
disposal, as far as these costs can be reasonably determined, minus the salvage value at
the end of its estimated useful life. The “estimated useful life” of an item means the
estimated time from the date of acquisition to the date of replacement or disposal,
determined in any reasonable manner.
8. Award. All of the telephone bids or quotations shall be collected at the same time to the
City for consideration, determination of the lowest responsible bidder and award of the
contract. The City reserves its right under applicable law to reject any or all bids, and to
waive procedural irregularities.
2.72.020 Date of call for bids-Newspaper noticeLimited Small Works Roster.
The city, through the mayor or such other agent as the mayor may designate, shall annually call
for bids for the publication in a newspaper, published or of general circulation in the city of all
notices or newspaper publications required by law. The contract shall be awarded to the lowest
responsible bidder.
(Ord. 927 §1(part), 1988: Ord. 913 §1(part), 1987).
1. Cost. In lieu of awarding public works contracts under AMC 2.72.010, the City may
award a contract for work, construction, alteration, repair, or improvement of real
property where the estimated cost does not exceed $35,000, which includes the costs of
labor, material, equipment and sales and/or use taxes as applicable, using the limited
small works roster procedures for this section. Public works contracts awarded under this
section are exempt from the other requirements of the small works roster process outlined
in AMC 2.72.010(5). The breaking of any project into units or accomplishing any project
by phases is prohibited if done for the purpose of avoiding the maximum dollar amount
of a contract that may be let using the limited small works roster process established
herein.
2. Electronic or Written Quotations. The City shall solicit electronic or written quotations
from contractors on the appropriate small works roster established under AMC 2.72.010
and shall award the contract to the lowest responsible bidder, as defined in RCW
43.19.1911. The following procedures shall be utilized:
a. A contract awarded using the limited small works roster process need not be
advertised. Invitations for quotations shall include an estimate of the scope and
nature of the work to be performed as well as materials and equipment to be
furnished. However, detailed plans and specifications need not be included in the
invitation. This subsection does not eliminate other requirements for architectural
or engineering approvals as to quality and compliance with building codes;
b. Quotations may be invited from all appropriate contractors on the appropriate
small works roster. As an alternative, quotations may be invited from at least
three (3) contractors on the appropriate small works roster who have indicated the
capability of performing the kind of work being contracted, in a manner that
attempts to equitably distribute the opportunities among the contractors on the
appropriate roster;
c. For purposes of these procedures, “equitably distribute” means that the City may
not favor certain contractors on the appropriate small works roster over other
contractors on the appropriate small works roster who perform similar services.
At the time bids are solicited, the City representative shall not inform a contractor
of the terms or amount of any other contractor’s bid for the same project.
d. A written record shall be made by the City representative of each contractor’s bid
on the project and of any conditions imposed on the bid. Immediately after an
award is made, the bid quotations obtained shall be recorded, open to public
inspection, and available by electronic request; and
e. The City shall maintain a list of the contractors contacted and the contracts
awarded under the limited small works roster process for a period of twenty four
(24) months. The list shall contain the name of the contractor, the contractor’s
registration number, the amount of the contract, a brief description of the type of
work performed, and the date the contract was awarded.
3. Bonds and Retainage. For limited public works roster projects, the City may waive the
payment and performance bond requirements of Chapter 39.08 RCW and the retainage
bond requirements of Chapter 60.28 RCW, and thereby assume full responsibility and
liability for the contractor’s nonpayment of laborers, mechanics, subcontractors,
materialmen, suppliers, and taxes imposed under RCW Title 82 that may be due from the
contractor for the limited public works project; provided, however, that such a waiver by
the City shall not constitute a waiver of the City’s right of recovery against the contractor
for any payments made on the contractor’s behalf by the City.
4. Determining Lowest Responsible Bidder – Award. The City shall determine the lowest
responsible bidder and award the contract as provided in AMC 2.72.010.
2.72.030 Bid receipt. Purchasing Procedures.
The bids shall be received by the mayor or the mayor's designee, or other city agency designated
in such notice, at all times during regular business hours, and shall be presented to the city
council by the mayor, or the mayor's designee, or other prescribed agency, at the time specified
in said notice for the opening of such bids.
(Ord. 927 §1(part), 1988: Ord. 913 §1(part), 1987).
The City shall follow the current “Purchasing Policies and Procedures”, as adopted by resolution.
2.72.040 Acceptance procedure.
The city, through its council or other authorized agency, may give oral acceptance on any bid in
open meeting at the time of opening the bids, or may take such bids under consideration and
thereafter communicate written acceptance of such bid or bids as is deemed proper by the
council or other agency, at any time within the period set by the notice of invitation to bid, the
general conditions or other specifications issued in connection with the proposed transaction.
The council may let the contract to the lowest responsible bidder or may, by minute entry, reject
any or all bids and make further calls for bids in the same manner as the original call. If no bid is
received on the first call, the council may readvertise and make a second call or may enter into a
contract without further call or may purchase the supplies, material or equipment and perform
the work or improvement by day labor.
(Ord. 927 §1(part), 1988: Ord. 913 §1(part), 1987).
2.72.050 Public work or improvement-When bid required.
The city council, by resolution, may construct any public work, as defined in RCW 39.04.010,
by contract or day labor without calling for bids therefor whenever the estimated cost of such
work or improvement, including the cost of materials, supplies and equipment will not exceed
the sum of thirty thousand dollars if more than one craft or trade is involved with the public
work, or twenty thousand dollars if a single craft or trade is involved with the public work or the
public work project is street signalization or street lighting. The restrictions in this section do not
permit the division of the project into units of work or classes of work to avoid the restriction on
work that may be performed by day labor on a single project. Whenever the cost of such public
work or improvement, including materials, supplies and equipment will exceed these figures, the
same shall be done by contract except for contracts let pursuant to Section 2.72.060. All such
contracts shall be let at public bidding upon posting notice calling for sealed bids upon the work.
Such notice thereof shall be posted in a public place in the city and by publication in the official
newspaper once each week for two consecutive weeks before the date for opening the bids.
(Ord. 927 §1(part), 1988: Ord. 913 §1(part), 1987).
2.72.060 Small works roster established.
There is established for the city a small works roster composed of all contractors who request to
be on the roster and who are, where required by law, properly licensed or registered to perform
contracting work in the state of Washington.
(Ord. 1186 §2, 1999: Ord. 927 §1(part), 1988: Ord. 913 §1(part), 1987).
2.72.062 Contractors eligible to apply to be on small works roster.
(a) At least once every year, the city shall publish in a newspaper of general circulation a notice
of the existence of the small works roster and soliciting the names of contractors for such roster.
The city shall add to the small works roster those qualified contractors who respond to the
published notice and request to be included on the roster.
(b) In order to be included on the roster, the contractor shall supply information on a contractor
qualification form to be developed by the public works director or his or her designee. The
contractor qualification form shall include as a minimum the name and address of the contractor,
the contractor's Washington registration number, the contractor's insurance company, the
contractor's bonding company, and the contractor's area of work. The city may require this
information to be updated annually.
(Ord. 1232 §1, 2000: Ord. 1186 §2, 1999).
2.72.064 Use of small works roster.
The small works roster shall be utilized as follows:
(1) Whenever the city of Arlington seeks to construct any public work or improvement, the
estimated cost of which, including costs of material, supplies and equipment, is two hundred
thousand dollars or less, the small works roster may be utilized.
(2) When the small works roster is utilized, the city of Arlington shall invite proposals from at
least five qualified contractors on the small works roster; provided, that five or more contractors
are on the roster. Whenever the cost of the work exceeds one hundred thousand dollars but is less
than two hundred thousand dollars, the city shall comply with the requirements of RCW
39.04.155 as amended, to ensure opportunities for all appropriate contractors on the small works
roster.
(3) The invitation to submit proposals shall include an estimate of the scope and nature of the
work to be performed and the materials and equipment to be furnished.
(4) When awarding a contract for work under the small works roster, the city of Arlington shall
award the contract to the contractor submitting the lowest responsible bid; provided, however,
that the city reserves its right under applicable law to reject any or all bids and to waive
procedural irregularities.
(5) Once a contractor has been afforded an opportunity to submit a proposal, that contractor
shall not be offered another opportunity until all other appropriate contractors on the small works
roster have been afforded an opportunity to submit a proposal.
(6) Immediately after an award is made, the bid quotations obtained shall be recorded, open to
public inspection, and available by telephone inquiry.
(7) A contract awarded from a small works roster under this section need not be advertised.
(Ord. 1232 §2, 2000: Ord. 1186 §3, 1999).
2.72.070 Purchase in excess of seven thousand five hundred dollars.
Any purchase of supplies, material, equipment or services other than professional services,
except for public work or improvement, where the cost thereof exceeds seven thousand five
hundred dollars shall be made upon call for bids. Provided, that the limitations herein shall not
apply to any purchases of materials at auctions conducted by the government of the United
States, any agency thereof or by the state or by a political subdivision thereof; and provided,
further, that advertisement and competitive bidding may be dispensed with as to such purchases
of a value between seven thousand five hundred dollars and fifteen thousand dollars upon
passage by the city council of a resolution providing a procedure for securing telephone and/or
written quotations from enough vendors to assure establishment of a competitive price and for
awarding such contracts for purchase of materials, equipment or services to the lowest
responsible bidder; and providing that, after the award is made, the bid quotations shall be open
to public inspection and shall be available by telephone inquiry.
(Ord. 927 §1(part), 1988: Ord. 913 §1(part), 1987).
Chapter 2.72 PURCHASING AND SMALL WORKS ROSTER
PROCEDURES
Sections:
2.72.010 Small works roster procedures
2.72.020 Limited small works roster procedures.
2.72.030. Purchasing procedures.
2.72.010 Small works roster procedures.
1. Cost. The City need not comply with formal sealed bidding procedures for the
construction, building, renovation, remodeling, alteration, repair or improvement of real
property where the estimated cost is within the limits, as set forth in RCW 35.23.352 for
single-craft or multi-crafts or within the limits as set forth by RCW 39.04.155, for the use
of the small works roster. The estimated cost must include the costs of labor, material,
equipment and sales and/or use taxes as applicable. The breaking of any project into units
or accomplishing any projects by phases is prohibited if done for the purpose of avoiding
the maximum dollar amount of a contract that may be let using the small works roster
process.
2. Number of Rosters. The City may create a single general small works roster, or may
create a small works roster for different categories of anticipated work. Said small works
rosters may make distinctions between contractors based upon different geographic areas
served by the contractor.
3. Contractors on Small Works Roster(s). The small works roster(s) shall consist of all
responsible contractors who have requested to be on the roster(s), and are properly
licensed or registered to perform such work in this state.
4. Publication. At least once a year, the City shall publish in a newspaper of general
circulation within the City a notice of the existence of the roster or rosters and solicit the
names of contractors for such roster or rosters. Responsible contractors shall be added to
an appropriate roster or rosters at any time that they submit a written request and
necessary records. The City may require master contracts be signed that become effective
when a specific award is made using a small works roster. An Interlocal contract or
agreement between the City and other local governments establishing a small works
roster or rosters to be used by the parties to the agreement or contract must clearly
identify the lead entity that is responsible for implementing the small works roster
provisions.
5. Electronic, Telephone, or Written Quotations. The City shall obtain electronic, telephone,
or written quotations for public works contracts from contractors on the appropriate small
works roster to assure that a competitive price is established and to award contracts to the
lowest responsible bidder, as defined in RCW 43.19.1911, as follows:
a. A contract awarded from a small works roster need not be advertised. Invitations
for quotations shall include an estimate of the scope and nature of the work to be
performed as well as materials and equipment to be furnished. However, detailed
plans and specifications need not be included in the invitations. This subsection
does not eliminate other requirements for architectural or engineering approvals
as to quality and compliance with building codes;
b. Quotations may be invited from all appropriate contractors on the appropriate
small works roster. As an alternative, quotations may be invited from at least five
(5) contractors on the appropriate small works roster who have indicated the
capability of performing the kind of work being contracted, in a manner that
attempts to equally distribute opportunities among the contractors on the
appropriate roster;
c. If the estimated cost of the work is above $65,000 for multi-craft or $40,000 for
single-craft projects up to the limits of use of small works roster as set forth in
RCW 39.04.155, the City may choose to solicit bids from less than all the
appropriate contractors on the appropriate small works roster but must also notify
the remaining contractors on the appropriate small works roster that quotations on
the work are being sought. The City has the sole option of determining whether
this notice to the remaining contractors is made by:
i. Publishing notice in a legal newspaper in general circulation in the area
where the work is being done;
ii. Mailing a notice to these contractors; or
iii. Sending a notice to these contractors by facsimile or other electronic
means;
d. For the purposes of this section, “equitably distribute” means that the City may
not favor certain contractors on the appropriate small works roster over other
contractors on the appropriate small works roster who perform similar services;
e. At the time bids are solicited, the City representative shall not inform a contractor
of the terms or amount of any other contractor’s bid for the same project;
f. A written record shall be made by the City representative of each contractor’s bid
on the project and of any conditions imposed on the bid. Immediately after an
award is made, the bid quotations obtained shall be recorded, open to public
inspection, and available by telephone inquiry; and
g. At least once every year a list of contracts awarded under this section shall be
made available to the general public. The list shall contain the name of the
contractor or vendor awarded the contract, the amount of the contract, a brief
description of the type of work performed or the items purchased under the
contract, and the date it was awarded. The list shall also state the location where
the bid quotations for these contracts are available for public inspection.
6. Determining Lowest Responsible Bidder. To the extent consistent with applicable
commitment authority, the Mayor shall award the contract for the public works project to
the lowest responsible bidder; as provided in RCW 39.04.350 and the bid documents.
7. Life Cycle Costing. In considering bids for the construction of public works projects,
whenever there is a reason to believe that applying the “life cycle costing” method to bid
evaluation would result in the lowest total cost to the City, first consideration shall be
given to the bid with the lowest life cycle cost which complies with the specifications.
“Life cycle cost” means the total cost of an item to the City over its estimated useful life,
including costs of selection, acquisition, operation, maintenance, and where applicable,
disposal, as far as these costs can be reasonably determined, minus the salvage value at
the end of its estimated useful life. The “estimated useful life” of an item means the
estimated time from the date of acquisition to the date of replacement or disposal,
determined in any reasonable manner.
8. Award. All of the telephone bids or quotations shall be collected at the same time to the
City for consideration, determination of the lowest responsible bidder and award of the
contract. The City reserves its right under applicable law to reject any or all bids, and to
waive procedural irregularities.
2.72.020 Limited Small Works Roster.
1. Cost. In lieu of awarding public works contracts under AMC 2.72.010, the City may
award a contract for work, construction, alteration, repair, or improvement of real
property where the estimated cost does not exceed $35,000, which includes the costs of
labor, material, equipment and sales and/or use taxes as applicable, using the limited
small works roster procedures for this section. Public works contracts awarded under this
section are exempt from the other requirements of the small works roster process outlined
in AMC 2.72.010(5). The breaking of any project into units or accomplishing any project
by phases is prohibited if done for the purpose of avoiding the maximum dollar amount
of a contract that may be let using the limited small works roster process established
herein.
2. Electronic or Written Quotations. The City shall solicit electronic or written quotations
from contractors on the appropriate small works roster established under AMC 2.72.010
and shall award the contract to the lowest responsible bidder, as defined in RCW
43.19.1911. The following procedures shall be utilized:
a. A contract awarded using the limited small works roster process need not be
advertised. Invitations for quotations shall include an estimate of the scope and
nature of the work to be performed as well as materials and equipment to be
furnished. However, detailed plans and specifications need not be included in the
invitation. This subsection does not eliminate other requirements for architectural
or engineering approvals as to quality and compliance with building codes;
b. Quotations may be invited from all appropriate contractors on the appropriate
small works roster. As an alternative, quotations may be invited from at least
three (3) contractors on the appropriate small works roster who have indicated the
capability of performing the kind of work being contracted, in a manner that
attempts to equitably distribute the opportunities among the contractors on the
appropriate roster;
c. For purposes of these procedures, “equitably distribute” means that the City may
not favor certain contractors on the appropriate small works roster over other
contractors on the appropriate small works roster who perform similar services.
At the time bids are solicited, the City representative shall not inform a contractor
of the terms or amount of any other contractor’s bid for the same project.
d. A written record shall be made by the City representative of each contractor’s bid
on the project and of any conditions imposed on the bid. Immediately after an
award is made, the bid quotations obtained shall be recorded, open to public
inspection, and available by electronic request; and
e. The City shall maintain a list of the contractors contacted and the contracts
awarded under the limited small works roster process for a period of twenty four
(24) months. The list shall contain the name of the contractor, the contractor’s
registration number, the amount of the contract, a brief description of the type of
work performed, and the date the contract was awarded.
3. Bonds and Retainage. For limited public works roster projects, the City may waive the
payment and performance bond requirements of Chapter 39.08 RCW and the retainage
bond requirements of Chapter 60.28 RCW, and thereby assume full responsibility and
liability for the contractor’s nonpayment of laborers, mechanics, subcontractors,
materialmen, suppliers, and taxes imposed under RCW Title 82 that may be due from the
contractor for the limited public works project; provided, however, that such a waiver by
the City shall not constitute a waiver of the City’s right of recovery against the contractor
for any payments made on the contractor’s behalf by the City.
4. Determining Lowest Responsible Bidder – Award. The City shall determine the lowest
responsible bidder and award the contract as provided in AMC 2.72.010.
2.72.030 Purchasing Procedures. The City shall follow the current “Purchasing Policies and
Procedures”, as adopted by resolution.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT E
COUNCIL MEETING DATE:
November 22, 2010
SUBJECT:
Update of AMC Chapter 5.04 – Peddlers and
Solicitors
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- AMC Chapter 5.04 with strikeouts
- AMC Chapter 5.04 clean version
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney is reviewing the proposed
changes
DESCRIPTION:
Staff is proposing a complete rewrite of the current AMC Chapter 5.04 which addresses
peddlers and solicitors operating in the City. The rewrite provides for a clear process for
application, issuance, denial, and revocation of peddlers/solicitors licenses.
This chapter was originally adopted in 1955 and was revised in 1963 and 1981.
HISTORY:
The City has been updating the Arlington Municipal Code over the course of the past year. The
project should be complete and the AMC completely updated in a searchable format by the end
of 2010.
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time.
Chapter 5.04 PEDDLERS AND SOLICITORS
Sections:
5.04.010 Permit and license required.
5.04.020 Definitions.
5.04.030 Exemptions.
5.04.040 Application--Fee--Group permit.
5.04.050 Investigation and issuance.
5.04.060 Fees.
5.04.070 Bond.
5.04.080 Exhibition of license.
5.04.090 Enforcement.
5.04.100 Records.
5.04.110 Revocation of license.
5.04.120 Appeal.
5.04.130 Exemptions.
5.04.140 Peddling, soliciting or canvassing along parade routes prior to, subsequent to and
during parades--Declared unlawful.
5.04.010 Permit and license required.
It is unlawful for any peddler, solicitor or canvasser as defined in Section 5.04.020 to engage in
such business within the corporate limits of the city without obtaining a permit and/or license
therefor in compliance with the provisions of this chapter.
(Ord. 336 §1, 1955).
5.04.020 Definitions.
(a) "Canvasser" or "solicitor" includes any individual, whether a resident of the city or not,
traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from
place to place, from or from street to street, conveying or transporting goods, wares or
merchandise or offering or exposing the same for sale, or making sales and delivering articles to
purchasers. It does not include vendors of milk, bakery products, groceries or ice who distribute
their products to regular customers on established routes.
(Ord. 336 §2, 1955).
5.04.030 Exemptions.
The terms of this chapter shall not be held to include the acts of persons selling personal property
at wholesale to dealers in such articles; nor to newsboys; nor to the acts of merchants or their
employees in delivering goods in the regular course of business; nor to vendors or agents calling
on business enterprises exclusively concerning products or services relating thereto; nor shall the
terms of this chapter be held to include or apply to any farmer or truck gardener who vends, sells
or disposes of, or offers to sell, vend or dispose of the products of the farm or garden occupied
and cultivated by him. Nothing in this chapter shall be held to prohibit any sale required by
statute or by order of any court, or to prevent any person from conducting a bona fide auction
sale pursuant to law.
(Ord. 473 §2, 1963: Ord. 336 §3, 1955).
5.04.040 Application--Fee--Group permit.
Applicants for permit and license under this chapter must file with the city clerk an application in
writing (in duplicate) on a form to be furnished by the city clerk, which shall give the following
information:
(a) (1) Name and description of the applicant;
(2) Permanent home address and full local address of the applicant;
(3) A brief description of the nature of the business and the goods to be sold;
(4) If employed, the name and address of the employer, together with credentials establishing
the exact relationship;
(5) The length of time for which the right to do business is desired;
(6) The place where the goods or property proposed to be sold, or orders taken for the sale
thereof, are manufactured or produced, where such goods or products are located at the time of
said application is filed, and the proposed method of delivery;
(7) The names of at least two reliable property owners of the state, who will certify as to the
applicant's good character and business responsibility, or, in lieu of the names of references, such
other available evidence as to the good character and business responsibility of the applicant as
will enable an investigator to properly evaluate such character and business responsibility;
(8) A statement as to whether or not the applicant has been convicted of any crime,
misdemeanor, or violation of any municipal ordinance, the nature of the offense and the
punishment or penalty assessed therefor.
(b) (1) At the time of filing the application, a fee of twenty-five dollars, shall be paid to the
city clerk to cover the cost of investigation of the facts stated therein, if applicant is unknown
locally, and not a bona fide resident of, or having a permanent place of business in Snohomish
County, Washington, and ten dollars if applicant is unknown locally and is a resident of
Snohomish County, Washington, or has a place of business within the county;
(2) Applicants having licenses issued under this chapter within five years previous to an
application shall not be charged an investigation fee unless the city clerk or chief of police has
reason to believe that a further investigation is necessary.
(c) It is permissible for any person, firm or corporation applying for a permit and license under
this chapter and desiring to hire or retain one or more agents or employees to be covered thereby,
to apply for a "group permit and license," to be applied for and, issued under the same terms,
conditions and fees as provided in (a) and (b), hereof, with the following additional
requirements:
(1) An application for a group permit and license must contain the name and address of each
agent or employee or applicant to be covered;
(2) Such application shall contain a statement that the applicant agrees to be bound by each and
every contract, representation, act and omission of each agent and employee while in the course
of the business or employment of applicant within the city;
(3) In addition to the fees provided in Section 5.04.060 for the license, there shall be an
additional charge of twenty-five percent of the fee otherwise payable for each agent or employee
authorized to act under the group permit and license;
(4) In the event that the chief of police finds unsatisfactory any agent or employee named in the
application for a group license, pursuant to his investigation pursuant to Section 5.04.050, he
may delete the name or names thereof from such application and approve the application with
respect to the remaining persons named.
(Ord. 473 §3, 1963: Ord. 336 §4, 1955).
5.04.050 Investigation and issuance.
(a) Upon receipt of such application, the original shall be referred to the chief of police, who
shall cause such an investigation of the applicant's business and moral character to be made as he
deems necessary for the protection of the public good.
(b) If, as a result of such investigation, the applicant's character or business responsibility is
found to be unsatisfactory, the chief of police shall endorse on such application his disapproval
and his reasons for the same, and return the said application to the city clerk, who shall notify the
applicant that his application is disapproved and that no permit and license will be issued.
(c) If, as a result of such investigation, the character and business responsibility of the applicant
are found to be satisfactory, the chief of police shall endorse on the application his approval,
execute a permit addressed to the applicant for the carrying on of the business applied for, and
return said permit, along with the application, to the city clerk, who shall, upon payment of the
prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall
contain the signature and seal of the issuing officer, and shall show the name, address of said
licensee, the class of license issued, and the kind of goods to be sold thereunder, the amount of
fee paid, the date of issuance and the length of time the same shall be operative, as well as the
license number and other identifying description of any vehicle used in such peddling, soliciting
or canvassing. The clerk shall keep a permanent record of all licenses issued.
(Ord. 336 §5, 1955).
5.04.060 Fees.
The license fee which shall be charged for such license, shall be the sum of ten dollars per year,
and shall be assessed on a calendar year basis. The fee, however, for January to July first, or any
part of said period, or from July first to December thirty-first, or any part of said period, shall be
sixty percent of the annual license fee, provided, that one temporary thirty day license may be
issued on a payment of a fee of five dollars. Said five dollar fee may, however, apply on a
current annual or semiannual license and may be issued thereafter at the rate hereinabove
provided, provided the temporary thirty days occurs during the same annual or semiannual
period for which the total fee is paid.
(Ord. 336 §6, 1955).
5.04.070 Bond.
Every applicant, not a resident of Snohomish County, or who, being a resident of Snohomish
County, represents a firm that does not have a permanent place of business in the state, shall file
with the city clerk, a surety bond running to the city in the amount of one thousand dollars, with
surety acceptable to and approved by the mayor, conditioned that the said applicant shall comply
fully with all the provisions of the ordinances of the city, and the statutes of the state, regulating
and concerning the business of peddler, solicitor and canvasser guaranteeing to any citizen of the
city that all money paid as a down payment will be accounted for and applied according to the
representations of the peddler, solicitor or canvasser and further guaranteeing to any citizen of
the city doing business with said peddler, solicitor or canvasser, that the property purchased will
be delivered according to the representations of said peddler, solicitor or canvasser. Action on
such bond may be brought in the name of the city to the use or benefit of the aggrieved person.
(Ord. 336 §7, 1955).
5.04.080 Exhibition of license.
Peddlers, solicitors and canvassers are required to exhibit their licenses at the request of any
citizen.
(Ord. 336 §8, 1955).
5.04.090 Enforcement.
It shall be the duty of any police officer of the city to require any person seen peddling, soliciting
or canvassing, and who is not known by such officer to be duly licensed to produce his peddler's,
solicitor's or canvasser's license and to enforce the provisions of this chapter against any person
found to be violating the same.
(Ord. 336 §9, 1955).
5.04.100 Records.
The chief of police shall report to the city clerk all convictions for violation of this chapter and
the city clerk shall maintain a record for each license issued and record the reports of violations
therein.
(Ord. 336 §10, 1955).
5.04.110 Revocation of license.
(a) Permits and licenses issued under the provisions of this chapter may be revoked by the
action of the city council after notice and hearing, for any of the following causes:
(1) Fraud, misrepresentation, or false statement contained in the application for license;
(2) Fraud, misrepresentation or false statement made in the course of carrying on his business as
peddler, solicitor or canvasser;
(3) Any violation of this chapter;
(4) Conviction of any crime or misdemeanor involving moral turpitude; or
(5) Conducting the business of peddling, soliciting, or canvassing, in an unlawful manner or in
such a manner as to constitute a breach of the peace or to constitute a menace to the health,
safety, or general welfare of the public.
(b) Notice of the hearing for revocation of a license shall be given in writing, setting forth
specifically the grounds of complaint and the time and place of hearing. Such notice shall be
mailed, postage prepaid, to the licensee at his last known address at least five days prior to the
date set for hearing.
(Ord. 336 §11, 1955).
5.04.120 Appeal.
Any person aggrieved by the action of the chief of police or the city clerk in the denial of a
permit or license as provided in Section 5.04.050, or the action of the mayor in the assessing of
the fee as provided in Section 5.04.060 shall have the right to appeal to the council of the city.
Such appeal shall be taken by filing with the council, within fourteen days after notice of the
action complaint has been mailed to such person's last known address, a written statement setting
forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such
appeal and notice of such hearing shall be given the appellant in the same manner as provided in
Section 5.04.110 for notice of hearing on revocation. The decision and order of the council on
such appeal shall be final and conclusive.
(Ord. 336 §12, 1955).
5.04.130 Exemptions.
Snohomish County residents representing local religious organizations selling Bibles, religious
books or religious literature, are exempt from the payment of any fees under the terms of this
chapter; but all such persons are included in, and subject to, the other provisions of this chapter.
(Ord. 336 §13, 1955).
5.04.140 Peddling, soliciting or canvassing along parade routes prior to, subsequent to and
during parades--Declared unlawful.
(a) No peddler, solicitor or canvasser, as those terms are defined in Section 5.04.020 of this
code, whether licensed or not, shall carry on the business of peddling, soliciting or canvassing
along any parade route during or within one hour prior or subsequent to any parade held within
the city, and it is declared to be unlawful to carry on such businesses at such places and times.
(b) For the purposes of this section, the words "parade route" are defined as meaning those
streets and public ways which have been temporarily closed to travel by ordinary traffic to
provide a defined route for travel of those participating in a parade and for spectators.
(Ord. 778 §1, 1981).
Chapter 5.04
PEDDLERS AND SOLICITORS
Sections:
5.04.010 Purpose.
5.04.020 Religious, charitable, civic, political, or other similar organizations.
5.04.030 Definitions.
5.04.040 License – Fees.
5.04.050 License fees – Veterans’ exemption.
5.04.060 License – Expiration date.
5.04.070 License required.
5.04.080 License – Required – Exceptions.
5.04.090 Unlawful acts.
5.04.100 License application and investigation.
5.04.110 Investigation of applicant – issuance and denial of permit.
5.04.120 License – Product or services sold.
5.04.130 Identification card.
5.04.140 License – Display.
5.04.150 Disclosure of product and purpose.
5.04.160 Revocation of license.
5.04.170 Appeals.
5.04.180 Penalty.
5.04.010 Purpose.
The purpose of this chapter is to establish reasonable restrictions on peddling/soliciting activities
within the city limits to protect and promote public safety, privacy, and welfare. This chapter is
intended to be reasonable as to time, place, and manner restrictions and is not intended to
infringe upon any constitutionally protected right.
5.04.020 Religious, charitable, civic, political, or other similar organizations.
1. To ensure privacy, all religious, charitable, civic, political, or other similar organizations
intending to canvass or solicit within the city shall comply with the provisions set out in
AMC 5.04.090(3) and (4). No other provisions of this chapter shall apply, unless a
religious, charitable, civic, political, or other similar organization intends to solicit for
money, then see subsection 2 of this section.
2. Religious, charitable, or political, civic, or other similar organizations canvassing or
soliciting for money shall notify the City Clerk that the organization will be canvassing or
soliciting within the city limits. Nonprofit organizations shall also provide the City Clerk
with a copy of the organization’s nonprofit certification and state charitable solicitation
organization registration. No other requirements of this chapter, including fees, licensing,
or other forms of individual information, shall be required. This section is adopted solely
for assuring residents that a legitimate organization is canvassing or soliciting in the area
and that residents’ privacy is adequately protected.
3. This chapter is not intended to regulate religious or political free speech. Charitable
solicitations are also not addressed herein. Chapter 19.09 RCW governs registration and
regulation of charitable solicitation.
5.04.030 Definitions.
For the purposes of this chapter:
“Peddler/solicitor” within the meaning of this chapter is any person who, without prior invitation
from the occupant, goes from house to house, or place to place, in the city, selling or taking
orders for, or offering to sell or take orders for, scheduling appointments for, or otherwise
soliciting for goods, wares, merchandise or services, for present or future delivery, except those
selling to entities holding business licenses.
5.04.040 License – Fees.
The annual fee for a peddler/solicitor license is established by the license fee resolution. The fee
shall be paid at the time of application and is nonrefundable.
5.04.050 License fees – Veterans’ exemption.
Veterans as defined in RCW 73.04.050 are exempt from payment of licensing fees. Any veteran
asserting this exemption shall provide the planning department or code compliance officer proof
of honorable discharge prior to the veteran receiving a peddler/solicitor license.
5.04.060 License – Expiration date.
All licenses issued pursuant to this chapter are non-transferable and are valid for the calendar
year in which issued. License fees shall not be prorated for any portion of the year.
5.04.070 License required.
It is unlawful for any person to engage in business as a peddler/solicitor in the city without first
obtaining a city of Arlington peddler/solicitor license for each person selling on behalf of the
business. Any peddler/solicitor as defined in this chapter shall apply for and receive a city
peddler/solicitor license prior to engaging in such activity, unless the peddler/solicitor is exempt
as indicated in AMC 5.04.080
5.04.080 License – Required – Exceptions.
No license shall be required for:
1. Any person selling, delivering, or peddling any agricultural, horticultural, or farm
products which they may grow or raise (RCW 36.71.090); or
2. Any person who, as an agent, acts as a peddler/solicitor on behalf of a regulated utility; or
3. Any minors engaged in baby-sitting, lawn mowing, car washing, or other similar
independent activities, unless the minor is acting on behalf of a person not a minor; or
4. Any vendors of milk, bakery products, groceries, newspapers, or ice who distribute their
products to regular customers on established routes; or
5. Any person who is specifically requested to call upon others for the purpose of displaying
goods, literature or giving information about any article, service or product; or
6. Any person who merely solicits orders for goods, which orders are to be accepted and
goods delivered at a future time from a place outside of Washington State.
a. Any person or organization claiming an exemption under this section shall
complete a modified peddler/solicitor license application;
b. Any such person who asserts an exemption under this subsection shall complete a
form provided by the City Clerk outlining the reasons for this exemption. This
statement must include the name, physical and mailing addresses, phone number,
and, if applicable, e-mail address for each of the following:
i. Interstate business name;
ii. Customer service department;
iii. Order cancellation department, if different from customer service; and
iv. Regional or local supervisor;
5.04.090 Unlawful acts.
It is unlawful for any peddler/solicitor to:
1. Make untrue, deceptive, or misleading statements about the product or services sold for
the purpose of procuring a sale or offer for sale;
2. Make any untrue, deceptive, or misleading statement regarding the purposes of his/her
contact with a potential customer;
3. Sell before 8:00 a.m. or after 8:00 p.m. of any day without the specific prior consent of
the prospective buyer;
4. Attempt to gain admittance at any residence at which a sign bearing the words “no
peddlers,” “no solicitors,” “no trespassing,” or words of similar import is posted, unless
at the invitation or with the consent of the occupant thereof;
5. Remain at any location after the prospective buyer has asked the peddler/solicitor to
leave.
5.04.100 License application.
1. Applicants for a license under this chapter must file with the City Clerk a sworn
application in writing on a form to be furnished by the City.
2. All applications shall provide the following information on the application, with
sufficient proof of identification:
a. Name, date of birth and description of the applicant;
b. Address and telephone number;
c. A brief description of the nature of the business and the goods or services to be
sold;
d. If employed or acting as an agent, the name and address of the employer or
principal, together with the description of the exact relationship with the principal
or employer;
e. If a vehicle is to be used, a description of the same, including the license number;
f. Two photographs of the applicant, taken within 60 days immediately prior to the
date of filing the application. The picture shall be two inches by two inches
showing the head and shoulders of the applicant in a clear and distinguishing
manner;
g. A statement as to whether or not the applicant has been convicted of any crime
within the last 10 years, including misdemeanors, gross misdemeanors, or
violations of any municipal ordinance, the nature of the offense, and the
punishment or penalty assessed therefor;
h. Such other information as may be required by the City.
3. Unless otherwise exempt under AMC 5.04.080, any individual, corporation, partnership
or other organization which acts as the principal or employer for individual peddlers shall
obtain a license as provided herein and shall provide the following information required
as set forth above:
a. The applicant’s name, address and telephone number and the names and addresses
of all individuals who are employed by or acting as an agent for the applicant;
b. If a corporation, the names, addresses and telephone numbers of the corporation’s
board of directors, principal officers and registered agent; provided, however, that
the City Clerk may waive any portion of this requirement when disclosure would
be unduly burdensome;
c. If a partnership, the names, addresses and telephone numbers of the partners;
d. A list of any criminal convictions during the past 10 years for the applicant, any
owners of the business, and if a corporation, the board of directors and officers;
e. Name, address and telephone numbers (business and home) of the individual, if
applicable, acting as the manager for the applicants;
f. A list of all other cities, towns, and counties where the applicant has obtained a
peddler’s permit or similar permit within the past five (5) years; and
g. Such other information as may be required by the City.
5.04.110 Investigation of applicant – issuance and denial of permit.
1. The City Clerk shall refer the application to the Police Department which shall determine
the accuracy of the information contained in the application and conduct a criminal
history background investigation of the applicant. Upon completion, the Police
Department shall forward the results of the investigation, together with a
recommendation for approval or denial, to the City Clerk.
2. If, as a result of the investigation, the character and business responsibility of the
applicant are found to be satisfactory, the City Clerk shall issue the permit to the
applicant. The City Clerk shall deny the applicant the permit if the applicant has:
a. Committed any act consisting of fraud or misrepresentation;
b. Committed any act which, if committed by a permit holder, would be grounds for
suspension or revocation of a permit;
c. Within the previous 10 years, been convicted of a misdemeanor or felony directly
relating to the occupation of peddler, including, but not limited to, those
misdemeanors and felonies involving moral turpitude, fraud or misrepresentation;
d. Been refused a permit under the provisions of this chapter; providing, however,
that any applicant denied a permit under the provisions of this chapter may
reapply if and when the reasons for denial no longer exist; or
e. The applicant has been the subject of repeated complaints of aggressive sales
tactics by the residents of the city of Arlington. “Repeated complaints” means
complaints from three or more independently contacted individuals arising from
three or more separate occasions.
f. Made any false or misleading statement in the application.
3. The denial of a permit to an individual, corporation, partnership or other organization
which serves as the employer or principal for individual peddlers shall be a sufficient
basis to deny a permit to the individual applicants who are employed by or acting as an
agent for the applicant.
5.04.120 License – Product or services sold.
The license shall be endorsed with a statement of the type of product or service sold by the
licensee. The license is valid only for the product or service specified.
5.04.130 Identification card.
Each peddler/solicitor shall be issued an identification card showing:
1. Business name;
2. Peddler/solicitor name;
3. Type of service or product;
4. Date of expiration;
5. Photo of peddler/solicitor;
6. City of Arlington logo;
7. City of Arlington authorized signature.
5.04.140 License – Display.
All peddler/solicitors shall conspicuously display on their outer clothing their identification
issued by the city when engaged in peddling/soliciting activities.
5.04.150 Disclosure of product and purpose.
Each peddler/solicitor shall, immediately upon contacting the prospective buyer, disclose to the
prospective buyer his/her name, company, and the product or service represented. If requested to
do so, he/she shall leave the premises immediately.
5.04.160 Revocation of license.
1. Licenses issued pursuant to this chapter may be revoked by the City Clerk after notice
and hearing for any of the following causes:
a. Fraud, misrepresentation or false statements contained in the application for
permits;
b. Fraud, misrepresentation or false statements made in the course of carrying on the
business as a peddler;
c. Any other violation of this chapter;
d. Conviction after submission of the application for a peddler’s permit of a felony
or misdemeanor directly relating to the occupation of peddler, including, but not
limited to those misdemeanors and felonies involving moral turpitude, fraud or
misrepresentation;
e. Conducting the business of peddling in any unlawful manner or such manner as to
constitute a breach of the peace or to constitute a menace to the health, safety and
general welfare of the public;
f. Conducting the business of peddling such that the city receives repeated
complaints of aggressive sales tactics from the residents of the city of Arlington.
“Repeated complaints” means complaints from three or more independently
contacted individuals arising from three or more separate occasions; or
g. Violation of any part of this chapter by any employee of a permit holder,
regardless of whether the employer is separately licensed under this chapter.
2. The revocation of any license held by an individual, corporation, partnership or other
organization which serves as the employer or principal for individual peddlers shall
constitute a basis for revoking the licenses issued to individual peddlers who are
employed by or acting as agents for such individual, corporation, partnership or
organization.
3. The revocation of a license of three or more persons who are employees or agents of an
individual, corporation, partnership or organization shall constitute a basis for revoking
the license issued to the employer or principal, as well as the licenses issued to all other
employees or agents of that employer or principal.
4. Notice of revocation of a license shall be given by the City Clerk in writing, setting forth
specifically the grounds of the complaint and the time and the place of hearing. In
addition, it shall state that the peddler’s permit shall be suspended pending the outcome
of such hearing. Such notice shall be mailed to the permit holder at his or her last known
address. The revocation shall become final if no appeal is requested in AMC 5.04.180. If
the permit holder is an individual, corporation, partnership or organization which
employs or serves as the principal for individual permit holders, the notice shall also be
mailed to the individual permit holders.
5.04.170 Appeals.
Any person aggrieved by the action of the City Clerk in the denial of an application for a license
or in the decision to revoke a permit as provided in this chapter shall have the right to appeal to
the City Hearing Examiner. Such appeal shall be taken by filing with the City Clerk, within 10
days after notice of the action complained of has been mailed to such person’s last known
address, a written statement setting forth fully the grounds for the appeal. The Hearing Examiner
shall set a time and place for a de novo hearing on such appeal and notice of such hearing shall
be given to the applicant in the same manner as provided in this chapter for notice of hearing on
revocation. The decision and order of the Hearing Examiner on such appeal shall be final and
conclusive. Hearings shall be held within 21 days of the day the request is received by the City.
5.04.180 Penalty.
Any person who sells or offers for sale or exposes for sale, at public or private sale, any goods,
wares, or merchandise without a peddler/solicitor license or any person violating any provision
of this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished
as provided in AMC 1.04.010.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT F
COUNCIL MEETING DATE:
November 22, 2010
SUBJECT:
New AMC Chapter 13.36 – Pre-treatment
DEPARTMENT OF ORIGIN:
Executive / Public Works
Contact: Kristin Banfield, 360-403-3444
James Kelly, 360-403-3505
ATTACHMENTS:
- AMC Chapter 13.36
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Complete. All comments and edits proposed
by the City Attorney have been incorporated.
DESCRIPTION:
Staff is proposing a new addition to the Arlington Municipal Code which addresses the
prevention of the introduction of pollutants or inadequately treated pollutants into the publicly
owned treatment works for the City of Arlington. This chapter sets forth uniform requirements
for users of the publicly owned treatment works (POTW) for the city of Arlington, and enables
the city to comply with all applicable state and federal laws, including the Clean Water Act (33
U.S.C. 1251 et seq.).
HISTORY:
The City has been updating the Arlington Municipal Code over the course of the past year. The
project should be complete and the AMC completely updated in a searchable format by the end
of 2010.
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time.
Title 13
Chapter 13.36
WASTEWATER PRETREATMENT CODE
Sections:
13.36.010 Purpose and policy.
13.36.020 Administration.
13.36.030 Definitions.
13.36.040 Abbreviations.
13.36.050 Prohibited discharge standards.
13.36.060 Federal categorical pretreatment standards.
13.36.070 State requirements.
13.36.080 Local discharge limitations.
13.36.090 City’s right of revision.
13.36.100 Special agreement.
13.36.110 Dilution.
13.36.120 General pretreatment facilities.
13.36.130 Deadline for compliance with applicable pretreatment requirements.
13.36.140 Pretreatment facilities for fats, oils and grease (FOG).
13.36.150 Additional pretreatment measures.
13.36.160 Accidental spill prevention program/slug load control plan.
13.36.170 Septic tank wastes.
13.36.180 Monitoring of wastewater discharges.
13.36.190 Garbage disposal/garbage grinders.
13.36.200 Dangerous waste regulations.
13.36.210 Required.
13.36.220 Existing SIU.
13.36.230 New source and “new user.”
13.36.240 Application contents.
13.36.250 Signatory and certification requirement.
13.36.260 Decisions.
13.36.270 Contents.
13.36.280 Appeals.
13.36.290 Duration.
13.36.300 Modification.
13.36.310 Transfer.
13.36.320 Revocation.
13.36.330 Reissuance.
13.36.340 State waste discharge authorization.
13.36.350 Baseline monitoring reports.
13.36.360 Final compliance report (initial compliance report).
13.36.370 Periodic compliance report (monthly report).
13.36.380 Compliance schedules for meeting applicable pretreatment standards.
13.36.390 Notification of significant production changes.
13.36.400 Hazardous waste notification.
13.36.410 Notice of potential problems, including accidental spills, slug loadings.
13.36.420 Noncompliance reporting.
13.36.430 Notification of changed discharge.
13.36.440 Total Toxic Organics reporting.
13.36.450 Reports from users not required to secure discharge authorization
documents.
13.36.460 Record keeping.
13.36.470 Timing.
13.36.480 Sampling requirements for users.
13.36.490 Analytical requirements.
13.36.500 City monitoring of user’s wastewater.
13.36.510 Inspection and sampling.
13.36.520 Monitoring facilities.
13.36.530 Search warrants.
13.36.540 Vandalism.
13.36.550 Trade secrets.
13.36.560 Notice of Violation, NOV.
13.36.570 Consent orders.
13.36.580 Show cause hearing.
13.36.590 Compliance orders.
13.36.600 Cease and desist orders.
13.36.610 Administrative fines.
13.36.620 Emergency suspensions.
13.36.630 Termination of discharge (nonemergency).
13.36.640 Appeal.
13.36.650 Injunctive relief.
13.36.660 Civil penalties.
13.36.670 Criminal prosecution.
13.36.680 Remedies nonexclusive.
13.36.690 Assurance device.
13.36.700 Water supply severance.
13.36.710 Public nuisances.
13.36.720 Contractor listing.
13.36.730 Publication of violations and/or enforcement actions.
13.36.740 Upset.
13.36.750 Prohibited discharge standards.
13.36.760 Bypass.
13.36.770 Pretreatment charges and fees.
13.36.780
13.36.010 Purpose and policy.
Non-liability.
(a) This chapter sets forth uniform requirements for users of the publicly owned
treatment works (POTW) for the city of Arlington, and enables the city to comply
with all applicable state and federal laws, including the Clean Water Act (33
U.S.C. 1251 et seq.). The objectives of this chapter include but are not limited to:
(1) To prevent the introduction of pollutants into the POTW that will interfere
with the operation of the POTW;
(2) To prevent the introduction of pollutants into the POTW which will pass
through the POTW, inadequately treated, into receiving waters or otherwise
be incompatible with the POTW;
(3) To ensure that the quality of the wastewater treatment plant biosolids is
maintained at a level which allows its use and disposal in compliance with
applicable statutes and regulations;
(4) To protect POTW personnel who may be affected by wastewater,
wastewater solids, and biosolids in the course of their employment and to
protect the general public;
(5) To improve the opportunity to recycle and reclaim wastewater and
biosolids from the POTW.
(b) This chapter shall apply to all users of the POTW. This chapter authorizes
the issuance of W astewater Discharge Agreement; authorizes monitoring,
compliance, and enforcement activities; establishes administrative review
procedures; requires user reporting; and provides for the setting of fees for the
equitable distribution of costs resulting from the program established herein.
13.36.020 Administration.
Except as otherwise provided herein, the director shall administer, implement,
and enforce the provisions of this chapter. Any powers granted to or duties imposed
upon the director may be delegated by the director to other City of Arlington personnel.
13.36.030 Definitions.
Unless a provision explicitly states otherwise, the following terms and
phrases, as used in this chapter, shall have the meanings hereinafter designated.
(a) “Act” or “the Act” means the Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
(b) “Administrative penalty (fine)” means a punitive monetary charge unrelated to
treatment cost, which is assessed by the director rather than a court.
(c) “Applicable pretreatment standards,” for any specified pollutant, means
Arlington prohibitive standards, Arlington specific pretreatment standards (local
limits), state of Washington pretreatment standards, or EPA’s categorical
pretreatment standards (when effective), whichever standard is appropriate and
most stringent.
(d) “Approval authority” means the state of Washington Department of Ecology.
(e) “Authorized representative of the user” means:
(1) If the user is a corporation:
(A) 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
(B) The manager of one or more manufacturing, production, or operation
facilities if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures;
(2) If the user is a limited liability company, partnership or sole
proprietorship: a member, general partner or proprietor, respectively;
(3) If the user 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 their authorized
designee;
(4) The individuals described in subsections (5)(a) through (c) 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.
(f) “Best management practices (BMPs)” means schedules of activities,
prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce the pollution of waters of the United States. BMPs
also include treatment requirements, operating procedures, and practices to
control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw material storage.
(g) “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory
procedures for 5 calendar days at 20 degrees centigrade, usually expressed as a
concentration (milligrams per liter (mg/l)).
(h) “Categorical pretreatment standard” or “categorical standard” means any
regulation containing pollutant discharge limits promulgated by the U.S. EPA in
accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply
to a specific category of users and which appear in 40 CFR Chapter I,
Subchapter N, Parts 405 – 471.
(i) “Categorical user” means a user covered by one of EPA’s categorical
pretreatment standards.
(j) “Chemical oxygen demand (COD)” means a measure of the oxygen
consuming capacity of inorganic and organic matter present in wastewater. COD
is expressed as the amount of oxygen consumed from a chemical oxidant in mg/l
during a specific test.
(k) “City” means the City of Arlington, Washington.
(l) “Cooling water/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.
(m) “Color” means the optical density at the visual wave length of maximum
absorption, relative to distilled water. One hundred percent transmittance is
equivalent to zero (0.0) optical density.
(n) “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.
(o) “Department of Ecology” (DOE is a Washington state agency with authority
delegated by the U.S. Environmental Protection Agency (EPA) to regulate and
permit the discharge of pollutants into the state's surface waters through National
Pollutant Discharge Elimination System (NPDES) and is also responsible for
implementing and enforcing the requirements of Washington state’s Water
Pollution Control policy as stipulated in RCW 90.48.
(p) “Director” means the director of the City of Arlington Public Works
Department, or their designee.
(q) “Discharge Agreement” means an agreement or equivalent control document
issued by the city to users discharging wastewater to the POTW. The agreement
may contain appropriate pretreatment standards and requirements as set forth in
this chapter.
(r) “Domestic user (residential user)” means any person who contributes,
causes, or allows the contribution of wastewater into the city POTW that is of a
similar volume and/or chemical make-up as that of a residential dwelling unit.
Discharges from a residential dwelling unit typically include up to 100 gallons per
capita per day at 250 mg/l of BOD and TSS.
(s) “Environmental Protection Agency (EPA)” means the U.S. Environmental
Protection Agency or, where appropriate, the Regional Water Management
Division Director, or other duly authorized official of said agency.
(t) “Existing source,” for a categorical industrial user, is any source of discharge,
the construction or operation of which commenced prior to the publication by
EPA 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.
(u) “Existing user,” for non-categorical users, is defined as any user which is
discharging wastewater prior to the effective date of the ordinance codified in this
chapter.
(v) “Fats, oils and grease (FOG)” means those components of wastewater
amenable to measurement by the methods described in Standard Methods for
the Examination of Water and Wastewater, 19th Edition, 1992, Section 5520.
The term “fats, oils and grease” shall include polar and nonpolar fats, oils, and
grease.
(w) “Grab sample” means a sample which is taken from a wastestream on a one-
time basis without regard to the flow in the wastestream and without
consideration of time.
(x) “High strength waste” means any waters or wastewater having a
concentration of BOD or total suspended solids in excess of 250 mg/l.
(y) “Indirect discharge” or “discharge” means the introduction of pollutants into
the POTW from any nondomestic source regulated under Section 307(b), (c), or
(d) of the Act. 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.
(z) “Interference” means a discharge which alone or in conjunction with a
discharge or discharges from other sources either: (1) inhibits or disrupts the
POTW, its treatment processes or operations; (2) inhibits or disrupts its biosolids
(sludge) processes, use or disposal; or (3) is a cause of a violation of the city’s
NPDES authorization or of the prevention of sewage sludge use or disposal in
compliance with any of the following statutory/regulatory provisions or
authorizations issued there under: Section 405 of the Clean Water Act; the Solid
Waste Disposal Act (SWDA), including Title II commonly referred to as the
Resource Conservation and Recovery Act (RCRA); any state regulations
contained in any state sludge management plan prepared pursuant to Subtitle D
of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the
Marine Protection, Research, and Sanctuaries Act.
(aa) “Local discharge limitations” means enforceable local standards developed
by the City of Arlington. The standards are expressed in units of concentration as
milligrams of pollutant per liter of solution.
(bb) “Maximum allowable discharge limit” means the maximum concentration (or
loading) of a pollutant allowed to be discharged at any time.
(cc) “Medical wastes” means isolation wastes, infectious agents, human blood
and blood products, pathological wastes, sharps, body parts, contaminated
bedding, surgical wastes, potentially contaminated laboratory wastes, and
dialysis wastes.
(dd) “New source” means:
(1) Any building, structure, facility, or installation from which there is (or may
be) a discharge of pollutants, 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 or production equipment that causes the discharge of pollutants
at an existing source; or
(C) The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent of an
existing source at the same site. In determining whether these are
substantially independent factors such as the extent to which the new
facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the
existing source should be considered.
(2) Construction or development on a site at which an existing source is
located that results in a modification of the existing source rather than a new
source, if the construction does not create a new building, structure, facility,
or new process but otherwise alters, replaces, or adds to existing process or
production equipment.
(3) Construction of a new source as defined under this subsection has
commenced if the owner or operator has:
(A) Begun or caused to begin as part of a continuous on-site
construction program:
(i) Any placement, assembly, or installation of facilities or
equipment; or
(ii) Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which is
necessary for the placement, assembly, or installation of new source
facilities or equipment; or
(B) Entered into a binding contractual obligation for the purchase of
facilities or equipment which is 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 section.
(ee) “New User.” A “new user” is a user that applies to the city for a new
building permit or any person who occupies an existing building and plans to
discharge wastewater to the city’s collection system after the effective date of the
ordinance codified in this chapter; provided that any person that buys an existing
facility that is discharging nondomestic wastewater will be considered an
“existing user” if no significant changes are made in the operation. A “new user”
is not a “new source”.
(ff) “Notice of Violation.” A written notification issued to an individual or business
entity that is connected to the City’s Sanitary Sewer System, or has been issued
a Wastewater Discharge Agreement, and informs them they have violated, or are
continuing to violate, any provision of this chapter or any other chapter of the City
municipal code.
(gg) “Pass through” means a discharge which exits the POTW into waters of the
United States 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 authorization (including an increase in the
magnitude or duration of a violation).
(hh) “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.
(ii) “pH” means a measure of the acidity or alkalinity of a substance, expressed
in standard units.
(jj) “Pollutant” means any dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical 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, or odor).
(kk) “Pretreatment” means the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant properties in
wastewater prior to (or in lieu of) introducing such pollutants into the 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 allowed by an applicable pretreatment
standard).
(ll) “Pretreatment requirements” means any substantive or procedural
requirement related to pretreatment imposed on a user, other than a
pretreatment standard.
(mm) “Pretreatment standards” or “standards” means prohibited discharge
standards, categorical pretreatment standards, and local limits established by the
city (POTW).
(nn) “Prohibited discharge standards” or “prohibited discharges” means absolute
prohibitions against the discharge of certain substances; these prohibitions
appear in AMC 13.36.050
(oo) “Publicly owned treatment works (POTW)” means a “treatment works,” as
defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the city.
This definition includes all devices, facilities, or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial wastes of a
liquid nature and any conveyances which convey wastewater to a treatment
plant. The term also means the City of Arlington Wastewater Treatment Plant.
.
(pp) “Recreational vehicle waste (RV waste)” means any domestic and/or
residential wastes from holding tanks on private recreational vehicles, including
travel trailers, pickup truck mounted campers and mobile domestic single-family
recreational vehicles. This category does not include tour buses and public
transportation vehicles. This category does not include wastes from vehicles
which collect wastewater from holding tanks.
(qq) “Septic tank waste” means any domestic and/or residential sewage from
holding tanks such as vessels, chemical toilets, and septic tanks.
(rr) “Sewage” means human excrement and gray water (household showers,
dishwashing operations, etc.).
(ss) “Sewer” means any pipe, conduit ditch, or other device used to collect and
transport sewage from the generating source.
(tt) Shall, May. “Shall” is mandatory, “may” is permissive.
(uu) “Significant industrial user (SIU)” means:
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(A) Discharges an average of 25,000 gpd or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling and
boiler blowdown wastewater); or
(B) Contributes a process wastestream which makes up 5 percent or
more of the average dry weather hydraulic or organic capacity of the
POTW treatment plant; or
(C) 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;
(3) Upon a finding that a user meeting the criteria as stated herein has no
reasonable potential for adversely affecting the POTW’s operation or for
violating any applicable pretreatment standard or requirement, the city may
at any time, on its own initiative or in response to a petition received from a
user, determine that such user should not be considered a significant
industrial user.
(vv) “Slug load” means any discharge at a flow rate or concentration which could
cause a violation of the discharge standards in AMC 13.36.050 through
13.36.080 or any discharge of a non-routine, episodic nature, including but not
limited to an accidental spill or a non-customary batch discharge, or any
discharge greater than or equal to five times the amount or concentration allowed
by authorization or this chapter.
(ww) “Standard Industrial Classification (SIC) code” means a classification
pursuant to the Standard Industrial Classification Manual issued by the United
States Office of Management and Budget.
(xx) “State” means the state of Washington.
(yy) “Storm water” means any flow occurring during or following any form of
natural precipitation, and resulting from such precipitation, including snowmelt.
(zz) “Total suspended solids” means the total suspended matter that floats on the
surface of, or is suspended in, water, wastewater, or other liquid, and which is
removable by laboratory filtering.
(aaa) “Toxic pollutant” means one of the pollutants, or combination of those
pollutants, listed as toxic in regulations promulgated by EPA under Section 307
(33 U.S.C. 1317) of the Act, or other pollutants as may be promulgated.
(bbb) “Treatment plant effluent” means the discharge from the POTW into
waters of the United States.
(ccc) Treatment Works. See “Publicly owned treatment works (POTW).”
(ddd) “User” or “industrial user” means a source of indirect discharge. The
source shall not include “domestic user” as defined herein.
(eee) “Wastewater” means liquid and water-carried industrial wastes and
sewage from residential dwellings, commercial buildings, industrial and
manufacturing facilities, and institutions, whether treated or untreated, which are
contributed to the POTW.
(fff) “Wastewater Discharge Agreement” see Discharge Agreement.
(ggg) “Wastewater treatment plant” or “treatment plant” means that portion of
the POTW which is designed to provide treatment of municipal sewage and
authorized industrial waste.
(hhh) The use of the singular shall be construed to include the plural and the
plural shall include the singular as indicated by the context of its use.
13.36.040 Abbreviations.
The following abbreviations shall have the designated meanings:
a. AKART All known available and reasonable technology
b. ASPP Accidental spill prevention plan
c. BMPs Best management practices
d. BOD Biochemical oxygen demand
e. CFR Code of Federal Regulations
f. COD Chemical oxygen demand
g. DA Discharge Agreement
h. EPA U.S. Environmental Protection Agency
i. FOG Fats, oils, and grease gpd gallons per day
j. mg/l Milligrams per liter
k. LEL Lower explosive limit
l. NPDES National Pollutant Discharge Elimination System
m. O and M Operation and maintenance
n. POTW Publicly owned treatment works
o. RCRA Resource Conservation and Recovery Act
p. SIU Significant Industrial User
q. SIC Standard Industrial Classifications
r. SWDA Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
s. TTO Total toxic organics
t. TSS Total suspended solids U.S.C. United States Code
13.36.050 Prohibited discharge standards.
(a) General Prohibitions. No user shall introduce or cause to be introduced into
the POTW any pollutant or wastewater which causes pass through or
interference. These general prohibitions apply to all users of the POTW whether
or not they are subject to categorical pretreatment standards or any other
national, state, or local pretreatment standards or requirements.
(b) Specific Prohibitions. No user shall introduce or cause to be introduced into
the POTW the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, wastestreams with a closed-cup flashpoint of
less than 140 degrees Fahrenheit (60 degrees centigrade) using the test
methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 5.5 or more than 8.0, or otherwise
causing corrosive structural damage to the POTW or equipment;
(3) Solid or viscous substances in amounts which will cause obstruction of
the flow in the POTW resulting in interference but in no case solids greater
than one-quarter inch;
(4) Pollutants, including oxygen-demanding pollutants (BOD, COD, etc.),
released in a discharge at a flow rate and/or pollutant concentration which,
either singly or by interaction with other pollutants, will cause interference
with the POTW;
(5) Wastewater having a temperature which will inhibit biological activity in
the treatment plant resulting in interference, but in no case wastewater which
causes the temperature at the introduction into the treatment plant to exceed
104 degrees Fahrenheit (40 degrees centigrade) unless the director, upon
the request of the user, approves alternate temperature limits. In no case
shall wastewater having a temperature greater than 150 degrees Fahrenheit
be discharged to the collection system;
(6) Petroleum oil, non-biodegradable cutting oil, solvents, or products of
mineral oil origin, in amounts that will cause interference or pass through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes
within the POTW in a quantity that may cause acute worker health and safety
problems;
(8) Trucked or hauled pollutants, including sanitary wastes and grease
wastes, unless authorized by the director;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which,
either singly or by interaction with other wastes, are sufficient to create a
public nuisance or a hazard to life, or to prevent entry into the sewers for
maintenance or repair;
(10) 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 authorization. Color (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 10 percent from the seasonably established norm for aquatic life;
(11) Wastewater containing any radioactive wastes or isotopes except as
specifically approved by the director in compliance with applicable state or
federal regulations;
(12) Storm water, surface water, ground water, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate, deionized
water, noncontact cooling water, and unpolluted wastewater, unless
specifically authorized by the director;
(13) Any sludges, screenings, or other residues from the pretreatment of
industrial or commercial wastes or from industrial or commercial processes,
except as authorized by the director;
(14) Medical wastes, except as specifically authorized by the director;
(15) Wastewater causing, alone or in conjunction with other sources, the
treatment plant’s effluent to fail a toxicity test;
(16) Detergents, surface-active agents, or other substances which may
cause excessive foaming in the POTW;
(17) Any liquid, solids, or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction with other substances
to cause fire or explosion or be injurious in any other way to the POTW or to
the operation of the POTW. At no time shall two successive readings on an
explosion meter, at the point of discharge into the system (or at any point in
the system), be more than 5 percent nor any single reading over 10 percent
of the lower explosive limit (LEL) of the meter;
(18) Animal intestines or tissues, paunch manure, bones, hair, hides or
fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, waste paper, styrofoam, wood, plastics, gas, tar
asphalt residues, residues from refining or processing of fuel or lubricating
oil, mud, or glass grinding or polishing wastes;
(19) Any substance which will cause the POTW to violate its NPDES and/or
other disposal system permits;
(20) Any wastewater, which in the opinion of the director can cause harm
either to the sewers, sewage treatment process, or equipment; have an
adverse effect on the receiving stream; or can otherwise endanger life, limb,
public property, or constitute a nuisance, unless allowed under special
agreement by the director (except that no special waiver shall be given from
categorical pretreatment standards);
(21) The contents of any tank or other vessel owned or used by any person
in the business of collecting or pumping sewage, effluent, septage, or other
wastewater;
(22) Any hazardous or dangerous wastes as defined in rules published by
the state of Washington (Chapter 173-303 WAC) and/or in EPA rules 40 CFR
Part 261;
(23) Persistent pesticides and/or pesticides regulated by the Federal
Insecticide Fungicide Rodenticide Act (FIFRA);
(24) Any slug load;
(25) Any substance which may cause the POTW’s effluent or treatment
residues, sludges, or scums to be unsuitable for reclamation and reuse, or to
interfere with the reclamation process;
(26) Fats, oils and grease in amounts that may cause obstructions or
maintenance problems in the collection/conveyance system, or interference
in the POTW;
(27) Waste antifreeze (ethylene glycol, etc.);
(28) Flow from an individual industrial facility in excess of 120,000 gpd
without written permission of the director;
(29) BOD or TSS from an individual industrial or commercial facility in
excess of 750 mg/l measured at the point of connection with the city
system.
(c) Pollutants, substances, or wastewater prohibited by this section shall not be
processed or stored in such a manner that they could be discharged to the
POTW.
13.36.060 Federal categorical pretreatment standards.
The national categorical pretreatment standards found at 40 CFR Chapter I,
Subchapter N, Parts 405 – 471 are incorporated herein by reference as if set forth in full
in this chapter.
13.36.070 State requirements.
State requirements and limitations on discharges to the POTW shall be met by all
users 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 other
applicable ordinances.
13.36.080 Local discharge limitations.
(a) The following discharge limitations are established to prevent site-specific
treatment plant and environmental problems. The local discharge limitations
under this section are in force for all nondomestic users of the city’s wastewater
treatment plant. Local discharge limitations for the city are established using the
allowable headworks loading method in accordance with the following EPA
documents:
(1) Guidance Manual on the Development and Implementation of Local
Discharge Limitations under the Pretreatment Program (1987);
(2) Supplemental Manual on the Development and Implementation of Local
Discharge Limitations Under the Pretreatment Program (1991);
(3) PRELIM Version 4.0 Users Guide (1991).
(b) The following local discharge limitations are based on a technical analysis of
the total loading of pollutants to the river watershed and the requirements of the
Washington State Water Quality Standards (Chapter 173-201A WAC) and the
Biosolids protection criteria in accordance with 40 CFR Part 503 final rule signed
November 25, 1993.
(c) Wastewater containing total recoverable metals in concentrations exceeding
these local discharge limitations shall not be discharged to the city’s collection
system or treatment works:
TBD = to be determined upon completion of testing and analysis.
(d) Local discharge limitations apply at the point where wastewater is discharged
to the collection system for all users. Local discharge limitations are in force at all
monitoring facilities required under AMC 13.36.520
LOCAL DISCHARGE LIMITATIONS
. The director, at his/her
option, may elect to have local discharge limitations apply after pretreatment and
prior to mixing with other wastewater generated within an individual industrial
Organics as Grab Sample
100 mg/l FOGs 1000 mg/l Chlorine
750 mg/l BOD TBD mg/l Cyanide
750 mg/l TSS
Metals as 24-Hour Flow Proportional Composite Sample
100 mg/l FOGs0.71 mg/l Arsenic 0.10 mg/l Mercury
0.70 mg/l Cadmium 1.48 mg/l Nickel
1.47 mg/l Chromium 0.47 mg/l Silver
0.50 mg/l Copper 1.67 mg/l Zinc
0.52 mg/l Lead
facility.
(e) Local discharge limitations are expressed in units of milligrams of
contaminant per liter of solution. The total mass or concentration of the
constituent ion shall be limited under these maximum allowable discharge
limitations without regard to oxidation state or chelation status. Where the user is
subject to a categorical pretreatment standard or a specific discharge limitation
under a state waste discharge agreement, the more stringent limit or
pretreatment standard shall apply.
13.36.090 City’s right of revision.
The city reserves the right to establish, by ordinance or in an amended
Wastewater Discharge Agreement, more stringent standards or requirements on
discharges to the POTW.
13.36.100 Special Discharge Agreement.
(a) The city may enter into Wastewater Discharge Agreements with significant
industrial users to accept conventional pollutants compatible with the treatment
system at concentrations greater than those typical of domestic wastewater.
Users with BOD or TSS levels higher than 250 mg/l must have a written
agreement with the city before commencing discharge. Within such agreements,
the city may establish terms of the user’s discharge to the POTW, including
maximum flow rates. The city may also establish fees, in addition to those
established in AMC 13.12, to recover costs associated with treating such wastes
and the cost of monitoring to verify operation in accordance with agreements.
(b) The adoption of fees shall be in accordance with AMC 13.36.770
(c) Nondomestic users may be assigned to user groups in accordance with the
determination of the director. These nondomestic users may discharge
wastewater to the treatment works without a written agreement. However, the
user fees applicable to the assigned user group classification must be paid in
accordance with the current rate structure adopted by the city. In no case shall
the conventional waste strength of any user group classification exceed 750 mg/l
BOD or 750 mg/l TSS.
. In no case
shall the discharge of conventional pollutants be allowed where the strength of
such pollutants exceeds 750 mg/l BOD or 750 mg/l TSS.
(d) Users discharging or intending to discharge pollutants other than BOD and
TSS, and claiming compatibility, must prove to the satisfaction of the director that
such pollutants are compatible with the POTW. These cases will be handled on a
case-by-case basis by the director. Written approval is required prior to
introducing such wastes into the treatment works. Appropriate fees may apply in
accordance with the determination of the director.
(e) In no case will a special Wastewater Discharge Agreement waive compliance
with state or federal pretreatment requirements or standards, including
categorical standards.
13.36.110 Dilution.
A user shall not increase the use of process water, or in any way attempt to dilute
a discharge, as a partial or complete substitute for adequate treatment to achieve
compliance with an applicable pretreatment standard or requirement unless expressly
authorized by an applicable pretreatment standard or requirement. The director may
impose mass limitations on users which he/she believes may be using dilution to meet
applicable pretreatment standards or requirements or in other cases when the
imposition of mass limitations is appropriate.
13.36.120 General pretreatment facilities.
(a) User(s) shall provide all known, available, and reasonable methods of
prevention, control, and treatment (AKART) as required to comply with this
chapter and shall achieve compliance with all applicable pretreatment standards
and requirements set out in this chapter within the time limitations specified by
the EPA, the state, or the director, whichever is more stringent.
(b) Any facilities required to pretreat wastewater to a level acceptable to the city
shall be provided, operated, and maintained at the user’s expense.
(c) In addition, the director may establish best management practices (BMPs) for
particular groups of users. These BMPs may include, but are not limited to, types
or methods of pretreatment technology to be used, methods of source control,
minimum maintenance requirements, delay prevention practices, good
housekeeping, spill prevention practices, or other requirements as deemed
necessary.
(d) When required by the director, an engineering report, including detailed plans
showing the pretreatment facilities and operating procedures, shall be submitted
to the city for review, and shall be acceptable to the city before construction of
the facility. The review of such plans and operating procedures will in no way
relieve the user from the responsibility of modifying the facility as necessary to
produce an acceptable discharge to the city under the provisions of this chapter.
(e) Within 90 calendar days after the completion of the wastewater pretreatment
facility, the discharger shall furnish as built drawings and its operations and
maintenance procedures. Any subsequent significant changes in the
pretreatment facility or method of operation shall be reported to and approved by
the director prior to the initiation of the changes.
(f) New sources, and new users determined to be significant industrial users
(SIUs) must have pretreatment facilities installed and operating prior to
discharge, if required.
13.36.130 Deadline for compliance with applicable pretreatment requirements.
(a) See AMC 13.36.370
(b) Compliance by existing sources (categorical users) covered by categorical
pretreatment standards shall be as specified in the appropriate standard. The city
shall establish a final compliance deadline date for any categorical user when the
local limits for said user are more restrictive than EPA’s categorical pretreatment
standards. The city may establish a final compliance deadline date for any
existing user not covered by categorical pretreatment standards.
for compliance schedule requirements.
(c) New source dischargers, and “new users” that are determined to be
significant industrial users (SIUs), are required to comply with applicable
pretreatment standards within the shortest feasible time as determined by the
director (not to exceed 90 calendar days from the beginning of discharge). New
sources, and “new users” that are determined to be significant industrial users
(SIUs), shall install and have in operating condition and shall “start-up” all
pollution control equipment required to meet applicable pretreatment standards
before beginning to discharge.
(d) Any W astewater Discharge Agreement issued to a categorical user shall not
contain a compliance date beyond any deadline date established in EPA’s
categorical pretreatment standards.
(e) Any other existing user that is considered to be an SIU, or a categorical user
that must comply with a more stringent local limit, which is in noncompliance with
any local limits shall be provided with a compliance schedule to insure
compliance within the shortest time feasible. A compliance schedule may be
included in the subject user’s Wastewater Discharge Agreement. In no case shall
compliance with the city’s local discharge limitation exceed two (2) years from the
date of adoption of said limit by the city.
(f) All existing commercial and industrial users not determined by the director to
be significant industrial users (SIUs) shall have one (1) year to comply with the
requirements of this chapter. Users not considered as significant industrial users
may request in writing an extension of the requirement for compliance. Such
extensions will be authorized by the director only for good cause. An extension of
the compliance deadline is valid only upon receiving written agreement from the
director.
(g) A specific compliance schedule for pretreatment facilities for sources of fats,
oils and grease is included in AMC 13.36.140
(h) Wastewater Discharge Agreements or contracts between the City of
Arlington and any user or sewer utility customer that are in existence on the
effective date of the ordinance codified in this chapter shall remain in full force
and effect until the termination date of such Wastewater Discharge Agreement or
contract. Each section and subsection of this chapter that is not in direct conflict
with an existing Wastewater Discharge Agreement or contract shall become in
effect immediately upon the effective date of the ordinance codified in this
chapter. Application and enforcement of any section or subsection that is in direct
conflict with existing Wastewater Discharge Agreement or contract shall be
deferred for the duration of the existing Wastewater Discharge Agreement or
contract. Where specific requirements of this chapter are not specifically
prohibited or addressed under the requirements of an existing Wastewater
Discharge Agreement or contract, the presumption shall be that an existing
Wastewater Discharge Agreement or contract allows imposition and enforcement
of the specific requirements of this chapter. Where an existing Wastewater
Discharge Agreement or contract is in conflict with any state or federal regulation
or standard, the subject Wastewater Discharge Agreement or contract shall be
renegotiated so that compliance with the state and federal requirements is
achieved. Wastewater Discharge Agreements or contracts not in conformance
with this chapter or any state or federal regulation or standard shall not be
renewed without modifications to bring such contracts into compliance therewith.
.
13.36.140 Pretreatment facilities for fats, oils and grease (FOG).
(a) General requirements.
(1) It shall be unlawful for any food service establishment or other person to
discharge, or cause to be discharged, processing wastewater to the
collection system or POTW which contains oils, greases, solids, or liquids
sufficient to cause obstruction or otherwise interfere with the proper
operations of the POTW or collection system.
(2) It shall also be unlawful for any food service establishment or other
person to dispose of any grease waste or processing waste containing oils,
greases, solids, or liquids and discharge said waste into any drainage piping,
public or private sanitary sewer, storm drainage system, sufficient to interfere
with the proper operation of that system, or to discharge said waste to any
land, street, public way, river, stream, or other waterway.
(3) It shall further be unlawful for any person to allow liquid waste to
accumulate on his property or in his possession which is injurious to public
health or emits offensive odors.
(4) It shall be unlawful for any person to utilize any chemical emulsifying
agent for the purpose of hindering or eliminating the interception of fats or
grease prior to entering the city’s wastewater collection system.
(5) Food service establishments and other facilities described in subsection
(d) of this section discharging wastewater shall install, operate, clean, and
maintain a sufficiently sized oil and grease, water and solids separator
(herein called grease interceptor) necessary to achieve compliance with
requirements set forth under this provision.
(6) Oil or grease of petroleum or mineral origin shall not be discharged to the
city’s sewer system at a concentration in excess of 100 mg/l.
(7) Fats, oil or grease of animal or vegetable origin shall not be discharged
to the city’s sewer system at a concentration in excess of 100 mg/l.
(8) The concentration of oils and grease shall be measured in samples
taken from the sampling chamber following pretreatment in an approved
grease interceptor in accordance with the requirements of this section. Oil
and grease concentration shall be measured using the partition-gravimetric
method or the partition-infrared method outlined in the latest edition of
Standard Methods for the Examination of Water and Wastewater, published
by the American Public Health Association.
(b) Waste Discharge Requirements.
(1) Waste discharge from fixtures and equipment in establishments that may
contain grease, including but not limited to scullery sinks, pot and pan sinks,
vent hood drains, dishwashing machines, soup kettles and floor drains
located in areas where grease containing materials may exist, may be
drained into the sanitary sewer system only after such discharges are
pretreated in an approved grease waste interceptor in accordance with this
section.
(2) No sanitary wastes from toilets, urinals, or other similar fixtures may be
discharged through any grease waste interceptor. All wastes shall enter the
interceptor through the inlet pipe only. The wholesale shredding of food
wastes into any fixture which discharges to a grease waste interceptor is
prohibited.
(c) Location.
(1) Each grease interceptor shall be so installed and connected that it shall
be at all times easily accessible for inspection, cleaning, and the removal of
the intercepted grease. Location of the interceptor shall meet the approval of
the director.
(2) Interceptors shall be placed as close as practical to the fixture(s) they
serve.
(3) Each business establishment for which a grease interceptor is required
shall have an interceptor which shall serve only that establishment.
(d) Pretreatment Required.
(1) Dischargers who operate newly constructed or remodeled restaurants,
meat cutting facilities, cafes, lunch counters, bakeries, cafeterias, bars, or
clubs; or hotel, hospital, sanitarium, factory or school kitchens; or other
establishments that serve or prepare food where FOG may be introduced to
the sanitary sewer system shall have pretreatment facilities to prevent the
discharge of FOG.
(2) Dischargers who operate automatic and coin-operated laundries, car
washes, filling stations, commercial garages or similar businesses having
any type of washing facilities (including pressure washing and steam
cleaning) or any other dischargers producing grit, sand, oils, lint, or other
materials which have the potential of causing partial or complete obstruction
of the building site sewer or other areas in the POTW shall install approved
interceptors, oil/water separators, or tanks in accordance with specifications
adopted by the City of Arlington such that excessive amounts of oil, sand and
inert solids are effectively prevented from entering the POTW.
(e) Design.
(1) Grease interceptors shall be multiple compartment flotation chambers
where grease floats to the water surface and is retained while the clear water
underneath is discharged. The clear water discharged is subject to the
discharge prohibitions of subsection (a)(1) of this section.
(2) The grease interceptor shall be followed by a sampling compartment to
allow for monitoring of discharges from the pretreatment unit. The geometry
of the sampling compartment shall be in accordance with City of Arlington
standard plan for grease interceptors available at the Utility Department.
Interceptors shall have fittings designed for grease retention.
(3) There shall be an adequate number of manholes to provide access for
cleaning and maintenance of all areas of the interceptors; a minimum of 1
manhole per 10 feet of interceptor length. Manhole covers shall be gas-tight
in construction, and have a minimum opening dimension of 20 inches.
(f) Sizing Criteria.
(1) Sizing Formula. The size of the grease interceptor shall be determined
by using the following formula: seating capacity or the number of meals
served per peak hour, whichever is greater, x 6.0 gallons x 2.5 hours x
storage factor = interceptor size in gallons.
(2) Storage factor shall be as follows: Facilities open less than 16 hours = 1;
Facilities open for 16 hours or more = 2; Facilities open for 24 hours = 3.
(3) In cases of certain fast food restaurants or establishments with the
potential to discharge large quantities of oils, grease, solids or wastewaters,
larger capacities of grease interceptors may be required. Prepackaged or
manufactured grease interceptors may be approved by the director with
proper engineering and application review.
(g) Source Control. All food establishments which deep fry, pan fry or otherwise
generate liquid or semisolid restaurant grease shall maintain a container on-site
for containment of liquid and semisolid grease wastes. This liquid or semisolid
grease shall be transported to an approved rendering plant. In no case shall free
liquid grease be disposed of directly into fixtures which are connected to the
sanitary sewer system. Unused butter, margarine, or other solid grease products
shall not be discharged to the sanitary sewer system through garbage disposals
or other means. No exceptions to the prohibitions of this subsection are allowed
for fixtures which discharge to the sanitary sewer system through an approved
grease interceptor. Hauling and recycling of restaurant grease shall be
accomplished at a facility holding a state rendering permit.
(h) Additives. The use of any additive, such as enzymes, chemicals, or bacteria,
as a substitute for grease interceptors or the maintenance of grease interceptors
is prohibited. The use of additives as a supplement to grease interceptors may
be authorized by the director. The director will provide a specific written protocol
for testing of additives proposed for use as supplements for grease interceptor or
sewer line maintenance. Completion of the testing protocol to the satisfaction of
the director at the expense of the grease generator is required prior to use of any
additive. Written agreement from the director shall be obtained after completion
of the testing protocol to verify that no objection is taken to the use of the
proposed additive. In no case shall any additive which emulsifies fats, oils or
grease be used. The city will provide a written test procedure for determination of
emulsifying agents.
(i) Grease Interceptor Maintenance.
(1) Each facility required to install and maintain a grease waste interceptor
under this chapter shall provide regular maintenance of said interceptor to
the satisfaction of the director in accordance with the requirements set forth
in this chapter.
(2) Each person who removes grease waste from the grease interceptor
shall, to the extent technically and mechanically possible, remove the entire
content of the grease interceptor.
(A) Pumping. All grease interceptors shall be maintained by the user at
the user’s expense. Maintenance shall include the complete removal of
all contents including floating materials, wastewater, and bottom sludges
and solids. Decanting or discharging of removed waste back into the
interceptor from which the waste was removed or any other grease
interceptor for the purpose of reducing the volume to be hauled is
prohibited.
(B) Grease Removal and Grease Interceptor Pumping Frequency. All
grease interceptors must be pumped out completely once every 3
months, or more frequently, as required by the director. Exception to this
minimum frequency of pumping may be made with special written
approval from the director for generators of small quantities of grease
wastes. In no case shall the frequency of pumping be less than once
every 6 months.
(C) Disposal of Grease Interceptor Pumpage. All waste removed from
each grease interceptor must be disposed of at a facility permitted by the
health department in the county in which the disposal facility is located.
Under no circumstances shall the pumpage be returned to the City of
Arlington POTW or sewer.
(D) Maintenance Requirements. Each person who engages in grease
waste handling shall maintain all vehicles, hoses, pumps, tanks, tools,
and equipment associated with grease waste handling in good repair,
free of leaks, and in a clean and sanitary condition. All hoses and valves
on grease waste handling vehicles or tanks shall be tightly capped or
plugged after each use to prevent leakage, dripping, spilling or other
discharge of grease wastes and any public or private property.
(E) Maintenance Records. A log indicating each pumping and servicing
of an interceptor for the previous 12 months shall be maintained on site
by each food service establishment. This log shall include date, time,
amount pumped, hauler’s business name and disposal site and shall be
kept in a conspicuous location for inspection by health department or
Arlington Sanitary Sewer Utility personnel. The maintenance record log
shall be recorded in the format of the sample log included in subsection
(j) of this section.
(F) Maintenance Reporting. The information required in the
maintenance log shall be submitted to the Arlington Sanitary Sewer
Utility annually, or more frequent as stipulated in the Wastewater
Discharge Agreement. The reporting period is January 1st through
December 31st of each year. The report shall be submitted within 30
calendar days after the end of the reporting period.
(j) Maintenance Log Format. All pumpage collected by haulers from grease
interceptors shall be verified by a maintenance log which confirms pumping,
hauling and disposal of waste. Maintenance records and maintenance reporting
requirements are specified in subsections (i)(2)(E) and (F) of this section. Each
person who engages in grease waste hauling shall complete the log each time
such person services a grease interceptor. Such person shall provide a copy of
the log to the generator of the grease waste. The log format shall be one of two
types.
(1) Type I Maintenance Log Format. The Type I format shall be used when
the transporter of the pumpage maintains and operates a grease waste
treatment facility where such facility is permitted by the local department of
Health in the county in which the facility is located. The local health
department permit shall specifically cover activities associated with grease
waste recycling and/or disposal activities. The director will maintain a list of
approved permitted grease waste receiving facilities. A permitted grease
waste facility may be added to the director’s list of approved facilities upon
submittal of a proper department of health permit for the county in which the
receiving facility is located. The Type I grease waste maintenance log format
shall be used only by transporters on the director’s list of approved permitted
grease waste receiving facilities.
(2) Type II Maintenance Log Format. The Type II grease waste interceptor
maintenance log format shall be used when the transporter of the pumpage
does not maintain and operate a permitted grease waste treatment facility.
The Type II format shall be used by all transporters not on the list of
permitted and approved grease waste receiving facilities maintained by the
director. Any transporter on the approved list who does not dispose of the
hauled grease waste at its own permitted treatment facility shall use the Type
II format.
(3) Each log entry shall consist of a single sheet of 8 ½” x 11” paper on
which the required data is entered. The following format shall be used for
each log entry:
TYPE I FORMAT GREASE INTERCEPTOR MAINTENANCE LOG
PREPARED FOR THE CITY OF ARLINGTON, WA
GENERATOR
INFORMATION Name Type facility name
Address T ype facility address
Date Hand written entry
Volume pumped Hand written entry
TRANSPORTER
INFORMATION Name T ype business name of
transporter
Address T ype transporter
address
Estimated thickness of floating grease Hand written entry
Estimated depth of bottom solids Hand written entry
COMMENTS: Provide four lines the full width of the page to
allow driver to enter observations on the
condition of the grease interceptor.
Hand written entry
Driver name Hand written entry
Driver signature Signature
TYPE II FORMAT GREASE INTERCEPTOR MAINTENANCE LOG
PREPARED FOR THE CITY OF ARLINGTON, WA
GENERATOR
INFORMATION Name Type facility name
Address Type facility address
Date Hand written entry
Volume pumped Hand written entry
TRANSPORTER
INFORMATION Name Type business name of
transporter
Address Type transporter
address
Vehicle description and capacity Hand written entry
Estimated thickness of floating grease Hand written entry
Estimated depth of bottom solids Hand written entry
COMMENTS Provide four lines the full width of the page to
allow driver to enter observations on the
condition of the grease interceptor
Hand written entry
Driver name Hand written entry
Driver signature Signature
RECEIVING
FACILITY
INFORMATION
Facility name Type facility name
Address Type facility address
Facility permit number Type Department of
Health permit number
Date Hand written entry
Volume of waste Hand written entry
Classification of waste Hand written entry
Name of receiving facility employee
authorized to document waste
discharge
Hand written entry
Signature Signature of above
employee
(k) Inspection and Entry.
(1) Any and all premises serviced by a grease interceptor and any and all
records pertaining thereto shall be subject to inspection by the director for the
purpose of determining compliance with this chapter.
(2) Any and all premises and vehicles used by any person performing
grease waste handling any and all records of such person which relate to
such person’s grease waste handling activities shall be subject to inspection
by the director for the purpose of determining compliance with this chapter.
(l) Existing Dischargers of Grease Wastes.
(1) All existing restaurants, cafes, bakeries, lunch counters, cafeterias, meat
cutting facilities, 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 sanitary sewer system which do not have
grease interceptors, or do not have adequately sized interceptors at the time
of adoption of the ordinance codified in this chapter shall meet the
requirement for interception of grease, oils and fats by installing an approved
grease interceptor.
(2) Approved grease interceptors shall be installed within six (6) months of
the adoption of the ordinance codified in this chapter for existing facilities
identified by the director as having a history of causing problems in the city’s
collection system. Facilities which must install approved grease interceptors
within six (6) months of ordinance adoption will be notified in writing by the
director.
(3) Existing facilities which are not so notified by the director shall have
eighteen (18) months from the time of adoption of the ordinance codified in
this chapter to install approved grease interceptors in accordance with this
chapter. Existing facilities which currently have grease interceptors of
adequate size to meet the requirements of this chapter shall submit drawings
of the existing installation along with calculations to demonstrate the
adequacy of the existing installation. If the director determines that the
existing grease interceptor meets the requirements of this chapter, the facility
will be required to install only the sampling chamber as shown on the
standard plan for grease interceptors.
13.36.150 Additional pretreatment measures.
(a) Whenever deemed necessary, the director may require users to restrict their
discharge during peak flow periods, designate that certain wastewater be
discharged only into specific sewers, relocate and/or consolidate points of
discharge, separate sewage wastestreams from industrial wastestreams, and
such other conditions as may be necessary to protect the POTW and determine
the user’s compliance with the requirements of this chapter.
(b) When determined necessary by the director, each user discharging into the
POTW shall install and maintain, on the user’s property and at their expense, a
suitable storage and flow-control facility to insure equalization of flow. The
director may require the facility to be equipped with alarms and a rate of
discharge controller, the regulation of which shall be determined by the director.
A W astewater Discharge Agreement (DA) may be issued solely for flow
equalization.
(c) Users with the potential to discharge flammable substances may be required
to install and maintain an approved combustible gas detection meter.
(d) When a new building is constructed without a tenant, and has any sewers
which are intended to serve wastes other than sanitary or domestic waste, a
multiple compartment interceptor approved by the director shall be installed.
13.36.160 Accidental spill prevention program/slug load control plan.
Each discharger shall provide protection from accidental discharge of materials
or substances prohibited or limited under this chapter into the municipal sewer system
or into waters of the state. Where necessary, facilities to prevent accidental discharge
of prohibited materials shall be provided and maintained at the discharger’s cost and
expense. Detailed plans showing facilities and operating procedures to provide this
protection shall be submitted to the director for review, and shall be approved by the
director before construction of the facility. Each discharger, where requested by the
director, shall complete its plan and submit same to the director within 90 calendar
days of being notified by the director. No discharger who discharges to the municipal
sewer system after the aforesaid date shall be permitted to introduce pollutants into
the system until accidental discharge protection procedures have been approved by
the director. Review and approval of such plans and operating procedures by the
director shall not relieve the discharger from the responsibility to modify its facility as
necessary to meet the requirements of this chapter.
(a) Any user required to develop and implement an accidental discharge/slug
control plan shall submit a plan which addresses, at a minimum, the following:
(1) Description of discharge practices, including non-routine batch
discharges;
(2) Description and itemization of stored chemicals;
(3) Procedures for immediately notifying the POTW of any accidental or slug
discharge. Such notification must also be given for any discharge which
would violate any of the standards in AMC 13.36.050 through 13.36.080
(4) Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection and
maintenance of storage areas, handling and transfer of materials, loading
and unloading operations, control of plant site
; and
(5) Runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
(b) Accidental Spill Prevention Plan (ASPP)/Slug Load Control Plan Format. All
users required to develop and implement an ASPP/slug load plan shall provide
the required plan in a specific format. The format to be used in the plan submittal
is contained in Appendix 4 of the EPA Region X guidance manual entitled
“Guidance Manual for the Development of an Accidental Spill Prevention
Program”. The director will review each plan submittal for completeness. If the
director identifies any deficiencies in the plan it will be returned with specific
deficiencies identified. The plan shall be modified to address the deficiencies
noted and resubmitted for approval. Resubmittal shall be accomplished within six
(6) weeks of the return of a deficient plan.
(c) Notification. Dischargers shall notify the director immediately upon the
occurrence of a slug load or accidental discharge of substances prohibited by
this chapter. Notification by telephone call shall be followed within five (5)
calendar days by a written report containing the following information:
(1) Location of discharge;
(2) Date and time thereof;
(3) Type of waste;
(4) Concentration and volume;
(5) Corrective actions. Any discharger who discharges a slug load of
prohibited materials shall be liable for any expense, loss or damage to the
City of Arlington’s Sanitary Sewer System in addition to the amount of any
fines imposed by the director on account thereof under the requirements of
this chapter.
(d) Within five (5) calendar days following an accidental discharge, the user shall
submit to the director a detailed written report describing the cause of the
discharge and the measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any expense, loss,
damage, or other liability which may be incurred as a result of damage to the
POTW, fish kills, or any other damage to person or property; nor shall such
notification relieve the user of any fines, civil penalties, or other liability which
may be imposed by this chapter or other applicable law.
(e) Signs shall be permanently posted in conspicuous places on the user’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.
13.36.170 Septic tank wastes.
See AMC 13.20.110.
13.36.180 Monitoring of wastewater discharges.
(a) The director may require monitoring and periodic monitoring reports from any
nondomestic discharger. Such monitoring will be performed at the expense of the
discharger and in accordance with a schedule specified by the director. Such
monitoring shall be required where the director determines that there is a
reasonable possibility that the user may not be in compliance with this chapter.
Monitoring and reporting requirements for users who are not considered as
significant industrial users shall conform to AMC 13.36.370(f), (g) and (h), and
13.36.450
(b) Recreational Vehicle (RV) Wastewater.
. Results of monitoring shall be forwarded to the director in accordance
with the director’s specifications.
(1) Wastewater from individual recreational vehicles shall be discharged to
the treatment works only at sites approved in writing by the director. RV
wastewater may also be discharged to collection facilities designed for this
use and owned and operated by the City of Arlington. The city may eliminate
city owned RV wastewater sites at any time for any reason.
(2) Commercial operators and all other persons seeking to develop, operate
and own RV dump stations must obtain approval from the director in writing
prior to construction and operation of such facilities. Persons operating RV
dump sites at the time of adoption of the ordinance codified in this chapter
shall make themselves known to the director within 3 months of adoption of
the ordinance codified in this chapter and request permission to continue
operation.
(3) The city may establish such fees as are deemed necessary for operation
of approved RV wastewater sites.
13.36.190 Garbage disposal/garbage grinders.
The use of garbage disposal units or garbage grinders for the wholesale disposal
of garbage, paper products or Styrofoam products to the sanitary sewer system is
prohibited. The installation or use of garbage grinders/garbage disposal units with rated
motor power greater than three-quarter horsepower is prohibited. All garbage
grinder/garbage disposal units with motors greater than three-quarter horsepower at the
time of adoption of the ordinance codified in this chapter shall be removed within six (6)
months of adoption of the ordinance codified in this chapter. More than one (1)
grinder/disposal unit per commercial/industrial connection shall require the approval of
the director.
13.36.200 Dangerous waste regulations.
(a) Permit Requirements for Dangerous Waste Constituents. Users discharging
a wastestream containing dangerous wastes as defined in Chapter 173-303
WAC (listed, characteristic, or criteria wastes) are required to comply with the
following permit provisions:
(1) Obtain a written agreement to discharge the waste from the director, and
either obtain specific authorization to discharge the waste in a state waste
discharge permit issued by the Department of Ecology, or accurately
describe the wastestream in a temporary permit obtained pursuant to RCW
90.48.165. The description shall include at least:
(A) The name of the dangerous waste as set forth in Chapter 173-303
WAC, and the dangerous waste number;
(B) The mass of each constituent expected to be discharged;
(C) The type of discharge (continuous, batch, or other).
(2) Compliance shall be obtained on the following schedule:
(A) Before discharge for new users;
(B) Within 30 calendar days after becoming aware of a discharge of
dangerous wastes to the POTW for existing users; and
(C) Within 90 calendar days after final rules identifying additional
dangerous wastes or new characteristics or criteria of dangerous waste
are published for users discharging a newly listed dangerous waste.
(b) Requirements for Participation in Local Hazardous Waste Management
Program. All commercial users of the treatment works owned and operated by
the City of Arlington shall participate in the local hazardous waste management
program for Snohomish County. All reasonable efforts shall be made to reduce
and recycle waste liquids and small quantity wastes generated in the business
environment. Disposal of small quantities of hazardous wastes to the sanitary
sewer system and treatment works is prohibited. Small quantity generators
(SQGs), as defined in Chapter 173-303 WAC, shall ensure delivery of all
dangerous wastes to a permitted waste management facility, legitimate recycler,
facility that beneficially uses or reuses it, a permitted municipal or industrial solid
waste facility (with prior consent of operator) or in accordance with local
moderate risk waste plans developed by Snohomish County.
13.36.210 Required.
(a) No significant industrial user (SIU) shall discharge wastewater into the
POTW without first obtaining a Wastewater Discharge Agreement from the
director. Any violation of the terms and conditions of a Wastewater Discharge
Agreement shall be deemed a violation of this chapter and subjects the
agreement to the sanctions set out in this chapter. Obtaining a Wastewater
Discharge Agreement does not relieve a user of its obligation to comply with all
federal and state pretreatment standards or requirements or with any other
requirements of federal, state, and local law. The director at his/her sole
discretion will determine which discharger is a significant industrial user.
(b) The director may require other users to obtain Wastewater Discharge
Agreements (as necessary) to carry out the purposes of this chapter.
13.36.220 Existing SIU.
Any SIU that was discharging wastewater into the POTW prior to the effective
date of the ordinance codified in this chapter and that wishes to continue such
discharges in the future shall, within 60 calendar days after notification by the director,
submit a Wastewater Discharge Agreement Application to the city in accordance with
AMC 13.36.240
13.36.230 New source and “new user.”
, and shall not cause or allow discharges to the POTW to continue after
180 calendar days of the effective date of notification except in accordance with a
Wastewater Discharge Agreement issued by the director.
At least 90 calendar days prior to the anticipated start-up, new sources, sources
that become a user subsequent to the promulgation of an applicable categorical
pretreatment standard, and “new users” that are determined to be significant industrial
users (SIU) shall apply for a Wastewater Discharge Agreement and will be required to
submit to the city at least the information listed in AMC 13.36.240(a) through (f). A new
source, or “new user” that is determined to be a significant industrial user (SIU), cannot
discharge without first receiving a Wastewater Discharge Agreement from the city. New
sources, and “new users” that are determined to be significant industrial users (SIUs),
shall also be required to include in their application information on the method of
pretreatment the user intends to use to meet applicable pretreatment standards. New
sources, and “new users” that are determined to be significant industrial users (SIUs),
shall give estimates of the information requested in AMC 13.36.240
13.36.240 Application contents.
(d) and (e).
All users required to obtain a W astewater Discharge Agreement must submit, at
a minimum, the following information on an approved Industrial and Commercial
Wastewater Discharge Application form, as approved by the Director. The Industrial and
Commercial Wastewater Discharge Application form may be obtained from the City of
Arlington Permit Center. Categorical users submitting the following information shall
have complied with 40 CFR 403.12(b).
(a) Identifying Information. The user shall submit the name and address of the
facility including the name of the operator and owners. The user shall provide the
Standard Industrial Classification (SIC) number for the facility.
(b) Authorizations. The user shall submit a list of any environmental control
authorizations held by or for the facility.
(c) Description of Operations. The user shall submit a brief description of the
nature, average rate of production, and Standard Industrial Classification of the
operation(s) carried out by such industrial user, including a list of all raw
materials and chemicals used or stored at the facility which are, or could
accidentally or intentionally be, discharged to the POTW; number and type of
employees; hours of operation; each product produced by type, amount, process
or processes, and rate of production; type and amount of raw materials
processed (average and maximum per day) and the time and duration of
discharges. This description should also include a schematic process diagram
which indicates points of discharge to the POTW from the regulated or
manufacturing processes. Disclosure of site plans, floor plans, mechanical and
plumbing plans and details to show all sewers, sewer connections, inspection
manholes, sampling chambers and appurtenances by size, location and
elevation.
(d) Flow Measurement.
(1) Categorical User. The user shall submit information showing the
measured average daily and maximum daily flow, in gallons per day, to the
POTW from each of the following:
(A) Regulated or manufacturing process streams; and
(B) Other streams as necessary to allow use of the combined
wastestream formula of 40 CFR 403.6(e).
(2) Non-categorical User. The user shall submit information showing the
measured average daily and maximum daily flow, in gallons per day, to the
POTW from each of the following:
(C) Total process flow, wastewater treatment plant flow, total plant flow
or individual manufacturing process flow as required by the director.
(D) The city may allow for verifiable estimates of these flows where
considerations are justified by cost or feasibility.
(e) Measurements of Pollutants.
(1) Categorical User.
(A) The user shall identify the applicable pretreatment standards for
each regulated or manufacturing process.
(B) In addition, the user shall submit the results of sampling and analysis
identifying the nature and concentration (or mass) where required by the
categorical pretreatment standard or as required by the city of regulated
pollutants in the discharge from each regulated or manufacturing
process. Both daily maximum and average concentration (or mass,
where required) shall be reported. The sample shall be representative of
daily operations and shall conform to sampling and analytical procedures
outlined in AMC 13.36.480 and 13.36.490
(C) The user shall take a minimum of 3 representative samples to
compile that data necessary to comply with the requirements of this
section.
.
(D) Where an alternate concentration or mass limit has been calculated
in accordance with 40 CFR 403.6(e) for a categorical user covered by a
categorical pretreatment standard this adjusted limit along with
supporting data shall be submitted as part of the application.
(2) Non-categorical User.
(A) The user shall identify the applicable pretreatment standards for its
wastewater discharge.
(B) In addition, the user shall submit the results of sampling and analysis
identifying the nature and concentration (or mass where required by the
city) of regulated pollutants contained in AMC 13.36.050 through
13.36.080, as appropriate in the discharge. Both daily maximum and
average concentration (or mass, where required) shall be reported. The
sample shall be representative of daily operations and shall conform to
sampling and analytical procedures outlined AMC 13.36.480 and
13.36.490
(C) The user shall take a minimum of 3 representative samples to
compile that data necessary to comply with the requirements of this
section.
.
(D) Where the director developed alternate concentration or mass limits
because of dilution this adjusted limit along with supporting data shall be
submitted as part of the application.
(f) Certification. A statement, reviewed by an authorized representative of the
user and certified by a qualified professional as outlined in AMC 13.36.250
(g) Compliance Schedule. If additional pretreatment and/or O and M will be
required to meet the applicable pretreatment standards, the city will establish the
shortest schedule by which the user will provide such additional pretreatment
and/or O and M modifications. The schedule shall conform to the requirements of
AMC
,
indicating whether the applicable pretreatment standards are being met on a
consistent basis, and, if not, whether additional operation and maintenance (O
and M) and/or additional pretreatment is required for the user to meet the
applicable pretreatment standards and requirements.
13.36.380. The completion date in this schedule shall not be later than the
compliance date established pursuant to AMC 13.36.150
(1) Where the user’s categorical pretreatment standard has been modified
by a removal allowance (40 CFR 403.7), the combined wastestream formula
(40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR
403.13) at the time the user submits the report required by this section, the
information required by subsections (f) and (g) of this section shall pertain to
the modified limits.
.
(2) If the categorical pretreatment standard is modified by a removal
allowance (40 CFR 403.7), the combined wastestream formula (40 CFR
403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13)
after the user submits the report required by subsections (f) and (g) of this
section, then a new report shall be submitted by the user within 60 calendar
days after the modified limit is approved.
(h) Any other information as may be deemed necessary by the director to
evaluate the Wastewater Discharge Agreement Application. Incomplete or
inaccurate applications will not be processed and will be returned to the user for
revision.
13.36.250 Signatory and certification requirement.
All W astewater Discharge Agreement Applications and user reports must be
signed by an authorized representative of the user and contain the following
certification statement:
“I declare under penalty of perjury under the laws of the State of Washington 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.”
13.36.260 Decisions.
The director will evaluate the data furnished by the user and may require
additional information. Within 90 calendar days of receipt of a complete
Wastewater Discharge Agreement Application, the director will determine whether
or not to issue a Wastewater Discharge Agreement. The agreement shall be
issued within 30 calendar days of full evaluation and acceptance of the data
furnished. The director may deny any application for a Wastewater Discharge
Agreement.
3.36.270 Contents.
A Wastewater Discharge Agreement shall include such conditions as are
reasonably deemed necessary by the director 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 sludge management and disposal, and protect
against damage to the POTW.
(a) Wastewater Discharge Agreements must contain the following conditions:
(1) A statement that indicates Wastewater Discharge Agreement duration,
which in no event shall exceed 5 years;
(2) A statement that the Wastewater Discharge Agreement is
nontransferable without prior notification to and approval from the city, and
provisions for furnishing the new owner or operator with a copy of the
existing Wastewater Discharge Agreement;
(3) Applicable pretreatment standards and requirements, including any
special requirements;
(4) Self monitoring, sampling, reporting, notification, submittal of technical
reports, compliance schedules, and recordkeeping requirements. These
requirements shall include an identification of pollutants to be monitored,
sampling location, sampling frequency, and sample type based on federal,
state, and local law;
(5) Requirement for immediate notification to the city where self-monitoring
results indicate noncompliance;
(6) Requirement to report a bypass or upset of a pretreatment facility;
(7) Requirement for the SIU who reports noncompliance to repeat the
sampling and analysis and submit results to the city within 30 calendar days
after becoming aware of the violation;
(8) A reference to this chapter concerning applicable civil, criminal, and
administrative penalties for violation of pretreatment standards and
requirements, and any applicable compliance schedule.
(b) Wastewater Discharge Agreements may contain, but need not be limited to,
the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of
discharge, and/or requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of pollutants into the treatment
works;
(3) Requirements for the development and implementation of spill control
plans or other special conditions including management practices necessary
to adequately prevent accidental, unanticipated, or routine discharges;
(4) Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and
sampling facilities and equipment;
(7) A statement that compliance with the Wastewater Discharge Agreement
does not relieve the applicant of responsibility for compliance with all
applicable federal and state pretreatment standards, including those which
become effective during the term of the Wastewater Discharge Agreement;
(8) Any special agreements the director chooses to continue or develop
between the city and user;
(9) Other conditions as deemed appropriate by the director to ensure
compliance with this chapter, and state and federal laws, rules, and
regulations.
13.36.280 Appeals.
Any person, including the user, may petition the City to reconsider the terms of a
Wastewater Discharge Agreement or other determination under this chapter within thirty
(30) calendar days of its issuance.
(a) Failure to submit a timely petition for review shall be deemed to be a waiver
of the administrative appeal.
(b) In its petition, the appealing party must indicate the W astewater Discharge
Agreement provisions objected to, the reasons for this objection, and the
alternative condition, if any, it seeks to place in the Wastewater Discharge
Agreement.
(c) The effectiveness of the Wastewater Discharge Agreement shall not be
stayed pending the appeal.
(d) If the city fails to act within sixty (60) calendar days of the receipt of an
appeal, a request for reconsideration shall be deemed to be denied. Decisions
not to reconsider a Wastewater Discharge Agreement, not to issue a Wastewater
Discharge Agreement, or not to modify a Wastewater Discharge Agreement shall
be considered final administrative actions for purposes of judicial review.
(e) Aggrieved parties seeking judicial review of the final administrative
Wastewater Discharge Agreement decision must do so by filing a petition for
review with the Snohomish County Superior Court within thirty (30) calendar
days.
13.36.290 Duration.
Wastewater Discharge Agreements shall be issued for a specified time period,
not to exceed five (5) years. A Wastewater Discharge Agreement may be issued for a
period less than five (5) years, at the discretion of the director. Each Wastewater
Discharge Agreement will indicate a specific date upon which it will expire.
13.36.300 Modification.
(a) The director may modify the Wastewater Discharge Agreement for good
cause including, but not limited to, the following:
(1) To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2) To address significant alterations or additions to the user’s operation,
processes, or wastewater volume or character since the time of Wastewater
Discharge Agreement issuance;
(3) A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4) Information indicating that the authorized discharge poses a threat to the
city’s POTW, city personnel, or the receiving waters;
(5) Violation of any terms or conditions of the Wastewater Discharge
Agreement;
(6) Misrepresentations or failure to fully disclose all relevant facts in the
Wastewater Discharge Agreement application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8) To correct typographical or other errors in the Wastewater Discharge
Agreement; or
(9) To reflect a transfer of the facility ownership and/or operation to a new
owner/operator.
(b) Such modifications of Wastewater Discharge Agreements shall occur at the
time of renewal of said agreement except in unusual circumstances related to
actions or regulations imposed by the Department of Ecology or other regulatory
authorities. Treatment plant system upsets or other treatment plant operational
problems shall also be grounds for modification of Wastewater Discharge
Agreement documents prior to the date of renewal. No vested right shall be
created by the issuance of a Wastewater Discharge Agreement under this
chapter.
13.36.310 Transfer.
(a) Wastewater Discharge Agreements may be reassigned or transferred to a
new owner and/or operator only if the current owner gives at least ninety (90)
calendar days’ advance notice to the director and the director approves the
Wastewater Discharge Agreement transfer. The notice to the director must
include a written certification by the new owner and/or operator which:
(1) States that the new owner and/or operator has no immediate intent to
change the facility’s operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing
Wastewater Discharge Agreement.
(b) Provided that the above occurs and that there were no significant changes to
the manufacturing operation or wastewater discharge, the new owner will be
considered an existing user and be covered by the existing limits and
requirements in the previous owner’s agreement. Failure to provide advance
notice of a transfer renders the Wastewater Discharge Agreement voidable as of
the date of facility transfer.
13.36.320 Revocation.
(a) Wastewater Discharge Agreements may be revoked for, but not limited to,
the following reasons:
(1) Failure to notify the city of significant changes to the wastewater prior to
the changed discharge;
(2) Failure to provide prior notification to the city of changed conditions;
(3) Misrepresentation or failure to fully disclose all relevant facts in the
Wastewater Discharge Agreement Application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the city timely access to the facility premises and
records;
(7) Failure to meet discharge limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete the Wastewater Discharge Agreement Application;
(12) Failure to provide advance notice of the transfer of an authorized facility;
(13) If the city has to invoke its emergency provision as cited in AMC
13.36.620
(14) Violation of any pretreatment standard or requirement, or any terms of
;
the Wastewater Discharge Agreement or this chapter;
(15) Failure to comply with all requirements of a written accidental spill
prevention/slug loading plan.
(b) Wastewater Discharge Agreements shall be voidable upon cessation of
operations or transfer of business ownership, unless the Discharge Agreement is
transferred in accordance with AMC 13.36.310
13.36.330 Reissuance.
. All Wastewater Discharge
Agreements issued to a particular user are void upon the issuance of a new
Wastewater Discharge Agreement to that user.
A user, required to have a Wastewater Discharge Agreement, shall apply for
Wastewater Discharge Agreement reissuance by submitting a complete Wastewater
Discharge Agreement Application, in accordance with AMC 13.36.240
13.36.340 State waste discharge authorization.
, a minimum of
ninety (90) calendar days prior to the expiration of the user’s existing Wastewater
Discharge Agreement. A user, whose existing Wastewater Discharge Agreement has
expired and has submitted its re-application in the time period specified herein, shall be
deemed to have an effective Wastewater Discharge Agreement until the city issues or
denies the new Wastewater Discharge Agreement. A user, whose existing Wastewater
Discharge Agreement has expired and who failed to submit its re-application in the time
period specified herein, will be deemed to be discharging without a Wastewater
Discharge Agreement.
Each user who holds a state waste discharge permit in compliance with the
provisions of Chapter 90.48 RCW shall forward one copy of all subject correspondence
to the director. Subject correspondence shall consist of all written communication
between the user and the state of Washington Department of Ecology concerning the
user’s state waste discharge permit including reports, letters, and submittals of
applications, legal documents and agreements. The user shall also submit one (1) copy
of all documents received from the Department of Ecology pertaining to the user’s state
waste discharge permit. The permit in effect at the time of adoption of the ordinance
codified in this chapter shall be forwarded to the director within ninety (90) calendar
days of adoption of the ordinance codified in this chapter. All correspondence with
Ecology thereafter shall be subject to the requirements of this section.
13.36.350 Baseline monitoring reports.
(a) Within either 180 calendar 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 categorical
users currently discharging to or scheduled to discharge to the POTW shall be
required to submit to the city a report which contains the information listed in
AMC 13.36.240
(b) At least ninety (90) calendar days prior to commencement of their discharge,
new sources, and sources that become categorical users subsequent to the
promulgation of an applicable categorical standard, shall be required to submit to
the city a report which contains the information listed in AMC
.
13.36.240
(c) A new source shall also be required to submit an engineering report,
explaining the method of pretreatment it intends to use to meet applicable
categorical standards. A new source shall also give estimates of its anticipated
flow and quantity of pollutants discharged.
.
13.36.360 Final compliance report (initial compliance report).
(a) Within 90 calendar days following the date for final compliance by the
significant industrial user with applicable pretreatment standards and
requirements set forth in this chapter, in a Wastewater Discharge Agreement, or
within 30 calendar days following commencement of the introduction of
wastewater into the POTW by a new source or “new users” considered by the
city to fit the definition of SIU, the affected user shall submit to the city a report
containing the information outlined in AMC 13.36.240
(b) For users subject to equivalent mass or concentration limits established by
the city in accordance with procedures established in 40 CFR 403.6 (c), this
report shall contain a reasonable measure of the user’s long-term production
rate. For all other users 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 user’s actual production during the
appropriate sampling period.
(d) through (f).
13.36.370 Periodic compliance report (monthly report).
(a) Any user that is required to have a Wastewater Discharge Agreement and
performs self-monitoring shall submit to the city during the months of June and
December, unless required on other dates or more frequently by the city, a report
indicating the nature of the effluent over the previous reporting period. The
frequency of monitoring shall be as prescribed within the Wastewater Discharge
Agreement. At a minimum, users shall sample their discharge at least twice per
year.
(b) The report shall include a record of the concentrations (and mass if specified
in the Wastewater Discharge Agreement) of the pollutants listed in the
Wastewater Discharge Agreement 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 the Wastewater Discharge Agreement. Production data shall be
reported if required by the Wastewater Discharge Agreement. Both daily
maximum and average concentration (or mass, where required) shall be
reported. If a user sampled and analyzed more frequently than what was
required by the city or by this chapter, using methodologies in 40 CFR Part 136,
it must submit all results of sampling and analysis of the discharge during the
reporting period.
(c) Any user subject to equivalent mass or concentration limits established by
the city or by unit production limits specified in the applicable categorical
standards shall report production data as outlined in AMC 13.36.360
(d) If the city calculated limits to factor out dilution flows or non-regulated flows,
the user will be responsible for providing flows from the regulated process flows,
dilution flows and non-regulated flows.
(b).
(e) 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.
(f) Sampling shall be representative of the user’s daily operations and shall be
taken in accordance with the requirements specified herein (see AMC 13.36.480
through 13.36.520
(g) The city may require reporting by users that are not required to have an
industrial Wastewater Discharge Agreement if information or data is needed to
establish a sewer charge, determine the treatability of the effluent or determine
any other factor which is related to the operation and maintenance of the sanitary
sewer system.
).
(h) The city may require self-monitoring by the user or perform the periodic
compliance monitoring needed to prepare a periodic compliance report required
under this section. If the city performs such periodic compliance monitoring, it will
charge the user for such monitoring, based upon the costs incurred by the city for
the sampling and analyses. Any such charges shall be added to the normal
sewer charge and shall be payable as part of the utility bills. The city is under no
obligation to perform periodic compliance monitoring for a user.
13.36.380 Compliance schedules for meeting applicable pretreatment
standards.
Where required by the director, SIUs shall develop and submit a compliance
schedule which brings the user into compliance with the requirements of its Wastewater
Discharge Agreement.
(a) The schedule shall contain increments of progress in the form of dates for
the commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the user to meet the
applicable pretreatment standards (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing contract for major
components, commencing construction, completing construction, etc.).
(b) No increment referred to in subsection (1) of this section shall exceed nine
(9) months.
(c) Not later than fourteen (14) calendar days following each date in the
schedule and the final date for compliance, the user shall submit a progress
report to the city including, at a minimum, whether or not it complied with the
increment of progress to be met on such date and, if not, the date on which it
expects to comply with this increment of progress, the reason for delay, and the
steps being taken by the user to return the construction to the schedule
established. In no event shall more than nine months elapse between such
progress reports.
13.36.390 Notification of significant production changes.
Any user operating under a Wastewater Discharge Agreement incorporating
equivalent mass or concentration limits shall notify the city within two (2) business days
after the user has a reasonable basis to know that the production level will significantly
change within the next calendar month. Any user not providing a notice of such
anticipated change will be required to comply with the existing limits contained in its
Wastewater Discharge Agreement.
13.36.400 Hazardous waste notification.
(a) Any user that is discharging fifteen (15) kilograms of hazardous wastes as
defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month or
any facility discharging any amount of acutely hazardous wastes as specified in
40 CFR 261.30(d) and 261.33(e) is required to provide a one-time notification in
writing to the city, EPA Regional Waste Management Division Director, and the
Hazardous Waste Division of the NWRO of the Washington State Department of
Ecology. Any existing user exempt from this notification shall comply with the
requirements contained herein within thirty (30) calendar days of becoming
aware of a discharge of fifteen (15) or more kilograms of hazardous wastes in a
calendar month or the discharge of acutely hazardous wastes to the city sanitary
sewer system.
(b) Such notification shall include:
(1) The name of the hazardous waste as set forth in 40 CFR Part 261;
(2) The EPA hazardous waste number;
(3) The type of discharge (continuous, batch, or other);
(4) If an industrial user discharges more than 100 kilograms of such waste
per calendar month to the sanitary sewer system, the notification shall also
contain the following information to the extent it is known or readily available
to the industrial user:
(A) An identification of the hazardous constituents contained in the
wastes,
(B) An estimation of the mass and concentration of such constituents in
the wastestreams discharged during that calendar month, and
(C) An estimation of the mass of constituents in the wastestreams
expected to be discharged during the following twelve (12) months.
These notification requirements do not apply to pollutants already
reported under the self-monitoring requirements. Whenever the EPA
publishes final rules identifying additional hazardous wastes or new
characteristics of hazardous waste, a user shall notify the city of the
discharge of such a substance within ninety (90) calendar days of the
effective date of such regulations.
(c) In the case of any notification made under this section, an industrial
user shall certify that it has a program in place to reduce the volume and
toxicity of hazardous wastes generated to the degree it has determined to
be economically practical. Discharging hazardous waste to the sewer
system is prohibited as per AMC 13.36.050
13.36.410 Notice of potential problems, including accidental spills, slug loadings.
.
Any user shall notify the city immediately of all discharges that could cause
problems to the POTW, including any slug loadings, as defined in AMC 13.36.030
13.36.420 Noncompliance reporting.
. The
notification shall include the concentration and volume and corrective action. Steps
being taken to reduce any adverse impact should be noted during the notification. Any
user who discharges a “slug” (or slugs) of pollutants shall be liable for any expense,
loss, or damage to the POTW, in addition to the amount of any fines imposed by the
city or on the city under state or federal law.
If sampling performed by a user indicates a violation, the user shall notify the city
within 24 hours of becoming aware of the violation. The user shall also repeat the
sampling within 5 calendar days and submit the results of the repeat analysis to the city
within 30 calendar days after becoming aware of the violation, except the user is not
required to resample if:
(a) The city performs sampling at the user at a frequency of at least once per
month; or
(b) The city performs sampling at the user between the time when the user
performs its initial sampling and the time when the user receives the results of
this sampling.
13.36.430 Notification of changed discharge.
All users shall promptly notify the city in advance of any substantial change in the
volume or character of pollutants in their discharge, including significant manufacturing
process changes, pretreatment modifications, and the listed or characteristic hazardous
wastes for which the user has submitted initial notification under 40 CFR 403.12(p).
13.36.440 Total Toxic Organics reporting.
Categorical users which are required by EPA to eliminate and/or reduce the
levels of total toxic organics (TTOs) discharged into the sanitary sewer system must
follow the categorical pretreatment standards for that industry. Those users must also
meet the following requirements:
(a) Must sample, as part of the application requirements, for all the organics
listed under the TTO limit (no exceptions);
(b) May submit a statement that no TTOs are used at the facility and/or develop
a solvent management plan in lieu of continuously monitoring for TTO, if
authorized by the director. If allowed to submit a statement or develop a solvent
management plan, the user must routinely submit a certification statement as
part of its self-monitoring report that there has been no dumping of concentrated
toxic organic waste into the wastewater and that it is implementing a solvent
management plan as approved by the city. The director may require the
development and implementation of a solvent management plan in addition to
monitoring for TTO.
13.36.450 Reports from users not required to secure Wastewater Discharge
Agreements.
All users not required to obtain a Wastewater Discharge Agreement shall provide
appropriate reports to the city as the director may require.
13.36.460 Record keeping.
Users subject to the reporting requirements of this chapter shall retain, and make
available for inspection and copying, all records of information obtained pursuant to any
monitoring activities required by this chapter and any additional records of information
obtained pursuant to monitoring activities undertaken by the user independent of such
requirements. Records shall include the date, exact place, method, and time of
sampling and the name of the person(s) taking the samples; the dates analyses were
performed; who performed the analyses; the analytical techniques or methods used;
and the results of such analyses. These records shall remain available for a period of at
least 3 years. This period shall be automatically extended for the duration of any
litigation concerning the user or POTW, or where the user has been specifically notified
of a longer retention period by the director.
13.36.470 Timing.
Written reports will 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
United States Postal Service, the date of receipt of the report shall govern.
13.36.480 Sampling requirements for users.
(a) A minimum of 4 grab samples must be used for pH, cyanide, total phenols,
sulfide, and volatile organics. The director will determine on a case-by-case basis
whether the user will be able to composite the individual grab samples. For all
other pollutants, 24-hour composite samples must be obtained through flow-
proportional composite sampling techniques where feasible. The city may waive
flow-proportional composite sampling for any user that demonstrates that flow-
proportional sampling is not feasible. In such cases, samples may be obtained
through time-proportional composite sampling techniques or through a minimum
of three (3) grab samples where the user demonstrates that this will provide a
representative sample of the effluent being discharged.
(b) 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
and/or contained in the user’s Wastewater Discharge Agreement. For categorical
users, if other wastewaters are mixed with the regulated wastewater prior to
pretreatment the user shall measure the flows and concentrations necessary to
allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to
evaluate compliance with the applicable categorical pretreatment standards. For
other SIUs, for which the city has adjusted its local limits to factor out dilution
flows, the user shall measure the flows and concentrations necessary to evaluate
compliance with the adjusted pretreatment standard(s).
(c) 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
user. If a user sampled and analyzed more frequently than what was required in
its Wastewater Discharge Agreement, using methodologies in 40 CFR Part 136,
it must submit all results of sampling and analysis of the discharge as part of its
self monitoring report.
(d) Preserve samples in accordance with the specifications of Standard Methods
for the Examination of Water and Wastewater, latest edition.
(e) Chain of custody documentation may be required by the director for any
samples taken pursuant to this chapter.
13.36.490 Analytical requirements.
(a) All pollutant analyses, including sampling techniques, shall be performed in
accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise
specified in an applicable categorical pretreatment standard. If 40 CFR Part 136
does not contain sampling or analytical techniques for the pollutant in question,
sampling and analyses must be performed in accordance with procedures
approved by the EPA.
(b) All analyses performed to establish compliance and used in compliance
reporting shall be performed by a laboratory accredited by the Washington State
Department of Ecology, Quality Assurance Division in accordance with Chapter
173-50 WAC. Laboratories must be accredited for the analyses for which they
are performing.
13.36.500 City monitoring of user’s wastewater.
The city will follow the same procedures as outlined in AMC 13.36.480 and 13.36.490
13.36.510 Inspection and sampling.
.
Continued connection and use of the city’s sewer system shall be contingent on
the right of the city to inspect and sample all discharges into the system. The city shall
have the right to enter the facilities of any user for the purpose of the enforcement of
this chapter and to determine that any Wastewater Discharge Agreement or order
issued hereunder is being met and whether the user is complying with all requirements
thereof. Users shall allow the director ready access to all parts of the premises for the
purposes of inspection, sampling, records examination and copying, and the
performance of any additional duties.
(a) Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user shall make
necessary arrangements with its security guards so that, upon presentation of
suitable identification, the director will be permitted to enter without delay for the
purposes of performing specific responsibilities.
(b) The director shall have the right to set up on the user’s property or require
installation of such devices as are necessary to conduct sampling and/or
metering of the user’s operations.
(c) Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the user at
the written or verbal request of the director and shall not be replaced. The costs
of clearing such access shall be borne by the user.
(d) Unreasonable delays in allowing the director access to the user’s premises
shall be a violation of this chapter.
13.36.520 Monitoring facilities.
(a) Each significant industrial user (SIU) shall provide and operate at its own
expense a monitoring facility to allow inspection, sampling, and flow
measurements of each sewer discharge to the city. Each monitoring facility shall
be situated on the user’s premises, except where such a location would be
impractical or cause undue hardship on the user, the city may concur with the
facility being constructed in the public street or sidewalk area; provided, that the
facility is located so that it will not be obstructed by landscaping or parked
vehicles. The director, whenever applicable, may require the construction and
maintenance of sampling facilities at other locations (for example, at the end of a
manufacturing line, wastewater treatment system).
(b) A monitoring facility shall consist of a manhole or other structure in which a
prefabricated palmer-bowlus or parshall flume shall be installed. The flume shall
be of standard dimension and shall be manufactured of corrosion resistant
materials.
(c) The flume shall be installed such that free-flowing conditions occur
downstream of the throat of the flume structure. A permanent, digital, recording,
totalizing, open channel flowmeter shall be permanently installed in a
weatherproof enclosure. The flowmeter installation shall include an appropriate
automatic system to measure the water level through the flume at the appropriate
control point so that flow rate can be automatically calculated at selected
intervals. Measured liquid level readings shall be converted into corresponding
flow rates using internal conversion algorithms.
(d) The flowmeter shall be capable of initiating the operation of an attached
sampler. The flowmeter signal shall be a five to 15 volt DC pulse or isolated
contact closure of at least 25 milliseconds duration. Sample interval frequency
shall be user selected.
(e) The monitoring facility shall be approved by the director in writing prior to
construction. Existing monitoring facilities may be approved in lieu of new
construction if approval of the installation, in writing, is provided by the director.
Monitoring facilities shall include a secure area for placement of a portable
sampler owned by the city.
(f) There shall be ample room in or near such sampling facility to allow accurate
sampling, flow measurement and preparation of samples for analysis. The
facility, sampling, and measuring equipment shall be maintained at all times in a
safe and proper operating condition at the expense of the user. All monitoring
facilities shall be constructed and maintained in accordance with all applicable
local construction standards and specifications.
(g) The director may require the user to install monitoring equipment as
necessary. All devices used to measure wastewater flow and quality shall be
calibrated to ensure their accuracy. Such monitoring equipment and activities
shall be provided at the expense of the user.
(h) The requirements of this section shall apply to each significant industrial
user. A monitoring facility shall also be installed by any nondomestic user at the
direction of the director. Compliance with this section shall be in accordance with
the requirements of AMC 13.36.140
13.36.530 Search warrants.
.
If the director has been refused access to a building, structure or property, or any
part thereof, and is able to demonstrate 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 Wastewater
Discharge Agreement or order issued hereunder, or to protect the overall public health,
safety and welfare of the community, then the director shall seek issuance of a search
and/or seizure warrant from the municipal court, the district court, or the Snohomish
County Superior Court. Such warrant shall be served at reasonable hours by the
director and may be accomplished in the company of a uniformed police officer of the
city.
13.36.540 Vandalism.
No person shall willfully or negligently 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.
13.36.550 Trade secrets.
(a) Information and data on a user obtained from reports, surveys, Wastewater
Discharge Agreement Applications, and monitoring programs, and from city
inspection and sampling activities shall be available to the public without
restriction, unless the user specifically requests and is able to demonstrate to the
satisfaction of the City’s Public Information Officer, that the release of such
information would divulge information, processes or methods of production
entitled to protection as trade secrets under applicable state law.
(b) When requested and demonstrated by the user furnishing a report that such
information should be held confidential, the city shall make reasonable efforts to
assist the user in protecting the portions of a report which might disclose trade
secrets or secret processes from inspection by the public, but the same shall be
made available immediately upon request to governmental agencies for uses
related to the NPDES program or pretreatment program, and in enforcement
proceedings involving the person furnishing the report.
(c) Wastewater constituents and characteristics and other “effluent data” as
defined by 40 CFR 2.302 will not be recognized as confidential information and
will be available to the public without restriction.
13.36.560 Notice of Violation, (NOV).
(a) When the director finds that a user has violated or continues to violate any
provision of this chapter, a Wastewater Discharge Agreement or order issued
hereunder, or any other pretreatment standard or requirement, the director may
serve upon that user a written Notice of Violation. The director may select any
means of service which is reasonable under the circumstances.
(b) Within seven (7) calendar days of the receipt 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 by the user to the director.
Submission of this plan in no way relieves the user 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.
13.36.570 Consent orders.
The director may enter into consent orders, assurances of voluntary compliance,
or other similar documents establishing an agreement with any user responsible for
noncompliance. Such documents will include specific action to be taken by the user to
correct the noncompliance within a time period specified by the document. Such
documents shall have the same force and effect as the administrative orders issued
pursuant to AMC 13.36.590 and 13.36.600
13.36.580 Show cause hearing.
and shall be judicially enforceable. Use of a
consent order shall not be a bar against, or prerequisite for, taking any other action
against the user.
The director may order a user which has violated or continues to violate, any
provision of this chapter, a Wastewater Discharge Agreement or order issued
hereunder, or any other pretreatment standard or requirement, to appear before the
director and show cause why a proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place for the meeting, the
proposed enforcement action, the reasons for such action, and a request that the user
show cause why the proposed enforcement action should not be taken. The notice of
the meeting shall be served personally or by registered or certified mail (return receipt
requested) at least ten (10) calendar days prior to the hearing. Such notice may be
served on any authorized representative of the user. A show cause hearing shall not be
a bar against, or prerequisite for, taking any other action against the user.
13.36.590 Compliance orders.
When the director finds that a user has violated or continues to violate any
provision of this chapter, a Wastewater Discharge Agreement or order issued
hereunder, or any other pretreatment standard or requirement, the director may issue
an order to the user responsible for the discharge directing that the user come into
compliance within a time specified in the order. Compliance orders may require users to
refrain from certain activities, install additional pretreatment equipment, increase self-
monitoring, or use best management practices designed to minimize the amount of
pollutants discharged to the sanitary sewer system. If the user does not come into
compliance within the time specified in the order, sewer service may be discontinued.
Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking
any other action against the user.
13.36.600 Cease and desist orders.
(a) When the director finds that a user has violated or continues to violate any
provision of this chapter, a Wastewater Discharge Agreement or order issued
hereunder, or any other pretreatment standard or requirement, or that the user’s
past violations are likely to recur, the director may issue an order to the user
directing it to cease and desist all such violations and directing the user to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
(b) Issuance of a cease and desist order shall not be a bar against, or a
prerequisite for, taking any other action against the user.
13.36.610 Administrative fines.
(a) When the director finds that a user has violated or continues to violate any
provision of this chapter, a Wastewater Discharge Agreement or order issued
hereunder, or any other pretreatment standard or requirement, the director, upon
approval from the City Administrator, may fine such user in an amount not less
than $250.00 and not to exceed $10,000.00. Such fines shall be assessed on a
per violation, per day basis. In the case of monthly or other long-term average
discharge limits, fines shall be assessed for each day during the period of
violation. Said administrative fines shall constitute a sewer service surcharge,
and upon assessment, shall be subject to collection in the same manner as all
other sewer utility rates, charges and penalties.
(b) Unless other arrangements have been made with, and authorized by the
director, unpaid charges, fines, and penalties shall accrue thereafter at a rate of
one percent per month. After ninety (90) calendar days, if charges, fines, and
penalties have not been paid, the city may revoke the user’s Wastewater
Discharge Agreement.
(c) Users desiring to appeal and dispute such fines must file a written request for
the director and City Administrator to reconsider the fine along with full payment
of the fine amount within 10 business days of being notified of the fine. Where a
request has merit, the director shall convene a hearing, or meeting, on the matter
within 7 business days of receiving the request from the user. In the event the
user’s appeal is successful, any payments made on said fines shall be returned
to the user. Affirmance or modification of an administrative fine by the director
shall relate back to the original date of assessment. The city shall recover the
costs of preparing administrative enforcement actions, such as notices and
orders, including the cost of additional inspections, sampling and analysis, and
may add them to the fine.
(d) Issuance of an administrative fine shall not be a bar against, or a prerequisite
for, taking any other action against the user.
(e) Users seeking judicial review of administrative fines must do so by filing a
petition for review in the Snohomish County Superior Court within thirty (30)
calendar days of the decision of the director.
13.36.620 Emergency suspensions.
(a) The director may immediately suspend a user’s discharge (after informal
notice to the user) whenever such suspension is necessary to stop an actual or
threatened discharge which reasonably appears to present or cause an imminent
or substantial endangerment to the health or welfare of persons.
(b) The director may also immediately suspend a user’s discharge (after informal
notice and opportunity to respond) that threatens to interfere with the operation of
the POTW, or which presents or may present an endangerment to the
environment.
(1) Any user notified of a suspension of its discharge shall immediately stop
or eliminate its contribution. In the event of a user’s failure to immediately
comply voluntarily with the suspension order, the director shall take such
steps as deemed necessary, including immediate severance of the sewer
connection, to prevent or minimize damage to the POTW, its receiving
stream, or endangerment to any individuals. The director shall allow the user
to recommence its discharge when the user has demonstrated to the
satisfaction of the city that the period of endangerment has passed, unless
the termination proceedings in AMC 13.36.630
(2) A user that is responsible, in whole or in part, for any discharge
presenting 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 director prior to the date of any show
cause or termination hearing under AMC
are initiated against the user.
13.36.580 and 13.36.630
(c) Nothing in this section shall be interpreted as requiring a hearing prior to any
emergency suspension under this section.
.
13.36.630 Termination of discharge (non-emergency).
(a) In addition herein, any user that violates the following conditions is subject to
discharge termination:
(1) Violation of Wastewater Discharge Agreement conditions;
(2) Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3) Failure to report significant changes in operations or wastewater volume,
constituents and characteristics prior to discharge;
(4) Refusal of reasonable access to the user’s premises for the purpose of
inspection, monitoring or sampling; or
(5) Violation of the pretreatment standards described in this chapter.
(b) Such user will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under AMC 13.36.670 why the proposed
action should not be taken. Exercise of this option by the city shall not be a bar
to, or a prerequisite for, taking any other action against the user.
13.36.640 Appeal procedures.
(a) Appeals.
(1) Any user seeking to dispute a notice of violation, order, fine, or other
action of the director may file an appeal.
(2) The appeal must be received by the director, in writing, within ten (10)
calendar days of the receipt of the disputed action. If the notice of appeal is
not received by the director within the ten (10) calendar day period, the right
to an appeal is waived. The notice of appeal shall state with particularity the
basis upon which the appellant is disputing the action taken.
(3) Upon receipt of a timely appeal, the director shall set a date and time for
an appeal hearing, but in no case shall the hearing be set more than thirty
(30) calendar days from the receipt of the timely notice of appeal. The
appellant shall be notified in writing of the date, time, and place for the
appeal hearing. The City Administrator or their designee shall serve as the
hearing examiner.
(b) Appeal Hearing.
(1) The hearing examiner may admit and give probative effect to evidence
which possesses probative value commonly accepted by reasonably prudent
men in the conduct of their affairs. The hearing examiner shall give effect to
the rules of privilege recognized by law. The hearing examiner may exclude
incompetent, irrelevant, immaterial and unduly repetitious evidence. Factual
issues shall be resolved by a preponderance of evidence.
(2) Documentary evidence may be received in the form of copies or excerpts
or by incorporation by reference.
(3) Every party shall have the right to cross examine witnesses who testify
and shall have the right to submit rebuttal evidence; provided that the hearing
examiner may control the manner and extent of the cross examinations and
rebuttal.
(4) The hearing examiner may take notice of judicially cognizable facts.
(c) Appeal Conclusion. At the conclusion of the hearing, the hearing examiner
shall determine if the disputed action was proper, and shall approve, modify, or
rescind the disputed action. The final determination of the hearing examiner shall
be in writing, and all parties shall be provided a copy of the final determination.
(d) Judicial Review of Appeal.
(1) Any party, including the city, the Washington State Department of
Ecology, the United States Environmental Protection Agency, or the
user/appellant, is entitled to review of the final determination of the hearing
examiner in the Snohomish County Superior Court; provided, that any
petition for review shall be filed no later than thirty (30) calendar days after
date of the final determination.
(2) Copies of the petition for review shall be served as in all civil actions.
(3) The filing of the petition shall not stay enforcement of the final
determination except by order of the superior court and on posting of a bond
to be determined by the court naming the city as beneficiary.
(4) The review shall be conducted by the court without a jury. The record
shall be satisfied by a narrative report certified by the hearing examiner and
no verbatim record of proceedings before the hearing examiner shall be
required to be presented to the superior court.
(5) The court may affirm the final determination or remand the matter for
further proceedings before the hearing examiner; or the court may reverse
the final determination if the substantial rights of the petitioners may have
been prejudiced because the final determination was:
(A) In violation of constitutional provisions; or
(B) In excess of the authority or jurisdiction of the hearing examiner.
13.36.650 Injunctive relief.
(a) When the director finds that a user has violated or continues to violate any
provision of this chapter, a Wastewater Discharge Agreement, or order issued
hereunder, or any other pretreatment standard or requirement, the director may
petition the Snohomish County Superior Court through the city’s attorney for the
issuance of a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the Wastewater Discharge Agreement,
order, or other requirement imposed by this chapter on activities of the user.
(b) The city may also seek such other action as is appropriate for legal and/or
equitable relief, including a requirement for the user to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a
prerequisite for, taking any other action against a user. Injunctive relief shall be
nonexclusive to other remedies available to the city.
13.36.660 Civil penalties.
(a) A user which has violated or continues to violate any provision of this
chapter, a Wastewater Discharge Agreement, or order issued hereunder, or any
other pretreatment standard or requirement shall be liable to the city for a
maximum civil penalty of $10,000.00 per violation, per day. In the case of a
monthly or other long-term average discharge limit, penalties shall accrue for
each day during the period of the violation.
(b) The city may recover reasonable attorneys’ fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the city.
(c) In determining the amount of civil liability, the court shall take into account all
relevant circumstances, including, but not limited to, the extent of harm caused
by the violation, the magnitude and duration, any economic benefit gained
through the user’s violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for
taking any other action against a user.
13.36.670 Criminal prosecution.
(a) A user who has violated any provision of this chapter, a Wastewater
Discharge Agreement, or order issued hereunder, or any other pretreatment
standard or requirement shall, upon conviction, be guilty of a misdemeanor,
punishable by a fine of $1,000 .
(b) A user which has introduced any substance into the POTW which causes
personal injury or property damage shall, upon conviction, be guilty of a
misdemeanor and be subject to a penalty of $1,000. This penalty shall be in
addition to any other cause of action for personal injury or property damage
available under state law.
(c) A user who knowingly made any false statements, representations, or
certifications in any application, record, report, plan, or other documentation filed,
or required to be maintained, pursuant to this chapter, Wastewater Discharge
Agreement, or order issued hereunder, or who falsified, tampered with, or
knowingly rendered inaccurate any monitoring device or method required under
this chapter shall, upon conviction, be guilty of a misdemeanor, and punished by
a fine of $1,000.
(d) In addition, the user shall be subject to:
(1) The provisions of 18 U.S.C. Section 1001 relating to fraud and false
statements;
(2) The provisions of Section 309(c)(4) of the Clean Water Act, as amended,
governing false statements, representation, or certification; and
(3) The provisions of Section 309(c)(6) of the Clean Water Act, regarding
responsible corporate officers.
13.36.680 Remedies nonexclusive.
The provisions herein are not exclusive remedies. The city reserves the right to
take any, all, or any combination of these actions against a noncompliant user.
Enforcement of pretreatment violations will generally be in accordance with the city’s
enforcement response plan. However, the city reserves the right to take other action
against any user when the circumstances warrant. Further, the city is empowered to
take more than one enforcement action against any non-compliant user. These actions
may be taken concurrently.
13.36.690 Assurance Device.
The director may decline to issue or reissue a Wastewater Discharge Agreement
to any user which has failed to comply with any provision of this chapter, a previous
Wastewater Discharge Agreement or order issued hereunder, or any other pretreatment
standard or requirement unless such user first files a satisfactory bond, (see AMC
12.40.200(c)), payable to the city, in a sum not to exceed a value determined by the
director to be necessary to achieve consistent compliance, or submits proof that it has
obtained financial assurances sufficient to meet pretreatment requirements and/or
restore or repair damage to the POTW caused by its discharge.
13.36.700 Water supply severance.
Whenever a user has violated or continues to violate any provision of this
chapter, a Wastewater Discharge Agreement or order issued hereunder, or any other
pretreatment standard or requirement, water service to the user may be severed.
Service will only recommence, at the user’s expense, after it has satisfactorily
demonstrated its ability to comply.
13.36.710 Public nuisances.
A violation of any provision of this chapter, Wastewater Discharge Agreement, or
order issued hereunder, or any other pretreatment standard or requirement, is hereby
declared a public nuisance and shall be corrected or abated as directed by the director.
13.36.720 Contractor listing.
Users which have not achieved compliance with applicable pretreatment
standards and requirements are not eligible to receive a contractual award for the sale
of goods or services to the city. Existing contracts for the sale of goods or services to
the city held by a user found to be in significant noncompliance with pretreatment
standards or requirements may be terminated at the discretion of the city.
13.36.730 Publication of violations and/or enforcement actions.
The director may publish violations and/or enforcement actions at any time
where monetary fines may be inappropriate in gaining compliance, or in addition to
monetary fines. Violations and/or enforcement actions may also be published when
the director feels that public notice should be made or at other appropriate times. The
cost of such publications will be recovered from the user.
13.36.740 Upset.
(a) For the purposes of this section, “upset” means an exceptional incident in
which there is unintentional and temporary noncompliance with applicable
pretreatment standards because of factors beyond the reasonable control of the
user. An upset does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper operation.
(b) An upset shall constitute an affirmative defense to an action brought for
noncompliance with applicable pretreatment standards if the requirements of
subsection (c) of this section are met.
(c) A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or other
relevant evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workman-
like manner and in compliance with applicable operation and maintenance
procedures; and
(3) The user has submitted the following information to the POTW and
treatment plant operator within 24 hours of becoming aware of the upset (if
this information is provided orally, a written submission must be provided
within five (5) calendar days):
(A) A description of the indirect discharge and cause of noncompliance;
(B) The period of noncompliance, including exact dates and times or, if
not corrected, the anticipated time the noncompliance is expected to
continue; and
(C) Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(d) In any enforcement proceeding, the user seeking to establish the occurrence
of an upset shall have the burden of proof.
(e) Users will have the opportunity for a judicial determination on any claim of
upset only in an enforcement action brought for noncompliance with applicable
pretreatment standards.
(f) Users shall control production of all discharges to the extent necessary to
maintain compliance with applicable pretreatment standards upon reduction,
loss, or failure of its treatment facility until the facility is restored or an alternative
method of treatment is provided. This requirement applies in the situation where,
among other things, the primary source of power of the treatment facility is
reduced, lost, or fails.
13.36.750 Prohibited discharge standards.
A user shall have an affirmative defense to an enforcement action brought
against it for noncompliance with the prohibitions in AMC 13.36.050
(a) a local limit exists for each pollutant discharged and the user was in
compliance with each limit directly prior to, and during, the pass through or
interference; or
(a) and (b)(3)
through (7) 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:
(b) no local limit exists, but the discharge did not change substantially in nature
or constituents from the user’s prior discharge when the city was regularly in
compliance with its NPDES authorization, and, in the case of interference, was in
compliance with applicable sludge use or disposal requirements.
13.36.760 Bypass.
(a) For the purposes of this section:
(1) “Bypass” means the intentional diversion of wastestreams from any
portion of a user’s treatment facility.
(2) “Severe property damage” means substantial physical damage to
property, damage to the treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in
production.
(b) A user may allow any bypass to occur which does not cause applicable
pretreatment standards or requirements 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 (3) and (4) of this section.
(c) If a user knows in advance of the need for a bypass, it shall submit prior
notice to the POTW at least ten (10) calendar days before the date of the bypass,
if possible.
(d) A user shall submit oral notice to the city of an unanticipated bypass that
exceeds applicable pretreatment standards within twenty-four (24) hours from the
time it becomes aware of the bypass. A written submission shall also be provided
within five (5) calendar days of the time the user 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 POTW may waive the written report on a case-by-case basis if the oral
report has been received within twenty-four (24) hours.
(e) Bypass is prohibited, and the POTW may take an enforcement action against
a user 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 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 user submitted notices as required under subsection (c) of this
section.
(f) The POTW may approve an anticipated bypass, after considering its adverse
effects, if the POTW determines that it will meet the three conditions listed in
subsection (e) of this section.
13.36.770 Pretreatment charges and fees.
(a) The director may develop, for City Council adoption, reasonable fees for
reimbursement of costs of setting up and operating the city’s pretreatment
program.
(b) These fees relate solely to the matters covered by this chapter and are
separate from all other rates or charges for sewer service; provided, that the city
shall collect said charges in the same manner as other sewer utility rates are
collected, including but not limited to the sewer lien procedures provided under
Chapter 35.67 RCW.
(c) Fees may include:
(1) Fees for Wastewater Discharge Agreements, including the cost of
processing the authorization applications, public noticing, issuing and
administering the authorization, and reviewing monitoring reports submitted
by users;
(2) Fees for modifying or transferring authorizations;
(3) Fees for monitoring, inspection, surveillance and enforcement
procedures including the cost of collection and analyzing a user’s discharge;
(4) Fees for reviewing and responding to accidental discharge procedures
and construction;
(5) Fees for preparing and executing enforcement action;
(6) Fees for filing appeals;
(7) Fees for high strength waste and industrial process flow; and
(8) Other fees as the city may deem necessary to carry out the requirements
contained herein.
(d) All fees or charges will be collected by direct billing. Unless the director has
been made aware of extenuating circumstances that would prevent prompt
payment, all fees are payable within thirty (30) calendar days of the billing. Fees
past due will be considered a violation of this chapter. Users not paying fees
within sixty (60) calendar days of the billing period will be subject to termination
of service.
13.36.780 Non-liability.
(a) It is the express purpose of the city of Arlington to establish an industrial
pretreatment program in order to provide for and promote the health, safety and
welfare of the general public. It is not the intent of this chapter to create or
otherwise establish or designate any particular class or group of persons who will
or should be especially protected or benefited by the terms or requirements of
this chapter.
(b) It is the specific intent of this chapter to place the obligation of complying with
these regulations upon the applicant or discharger and no provision nor any term
used in this chapter is intended to impose any duty whatsoever upon the city or
any of its officers, employees or agents, except as provided under the Act or
other related statutes of the United States or the state of Washington.
(c) Nothing contained in this chapter is intended to be nor shall be construed to
create or form the basis for any tort liability on the part of the city or its officer,
employees or agents for any injury or damage resulting from the failure of an
applicant or discharger to comply with the provisions of this chapter, or by reason
or in consequence of any inspection, notice, order, certificate, permission or
approval authorized or issued or done in connection with the implementation or
enforcement of this chapter, or inaction on the part of the city related in any
manner to the implementation or the enforcement of this chapter by its officer,
employees or agent.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT G
COUNCIL MEETING DATE:
November 22, 2010
SUBJECT:
Contract with Zachor & Thomas for City
prosecution services
DEPARTMENT OF ORIGIN:
Executive / Legal
Contact: Kristin Banfield, 360-403-3444,
Steve Peiffle
ATTACHMENTS:
- Proposed contract with Zachor & Thomas for City Prosecution services
EXPENDITURES REQUESTED: $9266.25 per month
BUDGET CATEGORY: General Fund 012 – Criminal Justice
LEGAL REVIEW: City Attorney assisted in the negotiation of a
new agreement
DESCRIPTION:
The City’s contract with Zachor & Thomas for prosecution services expired on December 31,
2009. The City and Zachor & Thomas recently completed negotiations on a successor
agreement, covering the years 2011 through 2013.
In 2009, Marysville Municipal Court added additional calendars for our prosecutors, requiring
them to spend an additional 12 hours in court each month, plus additional preparation time.
This has continued into 2010 and will continue in the years to come.
In addition, the state will be requiring counsel for both the prosecution and the defense to
appear at arraignments starting in 2011, also increasing the amount of time our prosecutors
spend in court.
HISTORY:
The law firm of Zachor & Thomas have served as the City’s prosecutors since the City elected to
join Marysville Municipal Court in 2002. The City has been extremely pleased with the services
that Zachor & Thomas have provided over the last 9 years.
ALTERNATIVES:
RECOMMENDED ACTION:
No action at this time.
CONTRACT FOR LEGAL SERVICES - 1
(Prosecuting Attorney for the City of Arlington)
CONTRACT FOR LEGAL SERVICES
(Prosecuting Attorney for the City of Arlington)
I. PARTIES
THIS AGREEMENT is entered into this _____ day of __________________, 200872010, by
and between the CITY OF ARLINGTON, A Municipal Corporation of the State of Washington,
(hereinafter referred to as “City”), and the law office of ZACHOR & THOMAS, Inc., P.S., a
Personal Services Corporation of the State of Washington (hereinafter referred to as “Prosecuting
Attorney”).
II. SERVICES OF THE PROSECUTING ATTORNEY
2.1 Primary Services
City under the direction of the Mayor and/or City Council. The principals of the Prosecuting
Attorney are H. James Zachor, Jr. and Melanie S. Thomas Dane, duly licensed in the State of
Washington as Attorneys at Law. Under the supervision of the Prosecuting Attorney, other
attorneys may provide assistance to the Prosecuting Attorney as may be necessary. If the
Prosecuting Attorney is unable to continue to provide services as required, Prosecuting Attorney
shall provide advance notice so that the City may seek another prosecuting attorney.
. The Prosecuting Attorney shall serve at the pleasure of the
2.2 Conflict Services
. In the event of a conflict with the Prosecuting Attorney of a
case requiring a “conflict prosecutor”, it shall be the responsibility of the Prosecuting Attorney to
provide such substitute coverage, with a properly licensed State of Washington attorney.
However, if such conflict is due to a conflict with the City, the expense of a “conflict
prosecutor” shall be the responsibility of the City.
III. QUALITY OF SERVICES
3.1 Ethical Coverage
hereafter in a capable and efficient manner, and in accordance with the professional and ethical
standards of the Washington State Bar Association.
. Prosecuting Attorney shall perform legal services as set forth
3.2 Disciplinary Action
. In the event the Prosecuting Attorney is the subject of any
disciplinary proceeding by the Washington State Bar Association, Prosecuting Attorney shall
notify the City in writing of the pendency of said disciplinary proceeding. The City may, in it
discretion, make its own inquiry concerning the said disciplinary proceeding and may, in its
judgment, terminate this agreement on not less than thirty (30) days notice.
IV. SERVICES PROVIDED
4.1 The Prosecuting Attorney shall represent the City as prosecuting
attorney in the prosecution of criminal and criminal traffic matters (gross misdemeanors and
misdemeanors). The duties of the prosecuting attorney shall include the review and signing of
citations and complaints as required; review of police incident reports and supporting documents
for charging determination; appearance at hearings and trials (bench and jury trials); telephone
CONTRACT FOR LEGAL SERVICES - 2
(Prosecuting Attorney for the City of Arlington)
conversations, meetings and negotiations with the police department and its officers, victims,
defendants, witnesses and opposing counsels as required; preparation of documents required by
the Court such as providing discovery, motions and supporting documents, jury instructions and
subpoenas. The City, through its police department and such other departments, shall provide
that support necessary to accomplish the prosecution of the above criminal matters. The
Prosecuting Attorney shall appear at all calendars for the City of Arlington, which are currently
set by the Marysville Municipal Court as of June 1, 2010. Should the court add court
appearances for the prosecutor, those appearances shall be billed at our hourly rate until such
time that a new fee proposal is adopted. Appearances at video in-custody calendars are not
incorporated in this contract.
Services
attorney in the prosecution of criminal and criminal traffic matters (gross misdemeanors and
misdemeanors). The Prosecuting Attorney shall also represent the City in contested civil
infractions where defense counsel is present, and other miscellaneous civil hearings conducted at
the Municipal Court ( ex: impound hearings). The Prosecuting Attorney shall have at least one
prosecutor in court for the required hearings, and when case volume requires, shall provide the
assistance of two prosecutors. The duties of the prosecuting attorney shall include:
. The Prosecuting Attorney shall represent the City as its prosecuting
• Appearances at arraignment calendars currently scehduledscheduled to be every Tuesday
morning, , two three (32) pre-trial hearings per month, one (1) bench and motions
contested calendar per month which include civil traffic and criminal reviews, one (1)
motions calendar per month, one (1) jury calendar per month, and one (1) jury
confirmation calendar per month;
• The review and signing of citations and complaints as required;
• The review of police incident reports and supporting documents for charging;
• The review and preparation of all cases prior to court which includes requesting 911
tapes, CCDR’s, photos, follow-up reports, contacting witnesses, drafting subpoenas,
preparing complaints and jury instructions, and drafting plea offers;
• Correspondence with the police department including but not limited to telephone
conversations, meetings and negotiations with the police department and its officers,
victims, defendants, witnesses and opposing counsel as required; and,
• Preparation of documents required by the Court such as providing discovery, motions
and supporting documents;
• Communication with the court and court staff regarding calendars and case setting;
• Correspondence with the public defenders office and defense counsel regarding case
dispositions,
• Requesting police reports from other agencies.
• Requesting certified copies of a judgment and sentence;
• Review of search warrants; and
• The City, through its police department and such other departments, shall provide that
support necessary to assist in the prosecution of criminal matters, including but not
limited to the providing and forwarding of copies of all police reports and relevant
documents in a timely manner and service of subpoenas as requested. Any requests for
Prosecuting Attorney services not regularly scheduled shall be promptly relayed by the
City and/or the court.
CONTRACT FOR LEGAL SERVICES - 3
(Prosecuting Attorney for the City of Arlington)
4.2 Additional Services
• Be available to the City of Arlington Police Department regarding matters affecting
criminal prosecution;
. In addition, the Prosecuting Attorney shall provide the
following services:
• Provide periodic training of City police officers and employees on legal matters affecting
the satisfactory prosecution of criminal matters;
• Make recommendations to the Police Chief and/or City Attorney concerning suggested
amendments, modifications or additions to City ordinances affecting the satisfactory
prosecution of criminal matters;
• Provide periodic feedback to the Police Chief regarding the performance of City police
officers in the discharge of their duties and other matters of mutual concern.
CONTRACT FOR LEGAL SERVICES - 4
(Prosecuting Attorney for the City of Arlington)
V. FEES AND COSTS
5.1 Retainer
Attorney, the City agrees to pay to the Prosecuting Attorney a monthly retainer in the sum
. As compensation for the services to be rendered by the Prosecuting
of $9,266.25 $9,358.9175,000.00 per month, as long as the Court utilized for prosecution is
located in Marysville, Washington. If the Court location for prosecution of the City criminal
matters is moved from Marysville to the City of Arlington or such other location, then the
monthly retainer shall be renegotiated by the parties, to be effective the month of the new court
appearance.
5.2 Additional Compensation
Attorney other than those services set forth hereinabove, the Prosecuting Attorney shall invoice
the City at the rate of $100295.00 per hour. This includes RALJ appeals, drug/felony forfeitures,
and legal services for representation in the District Courts and Superior Courts, and additional
calendars added by the court, which have not been contracted for, but are necessary for the Cities
prosecution. Legal services for representation in the Appellate Courts of the State of Washington
or Federal Courts shall be negotiated separate from this Agreement.
. If the City should require the services of the Prosecuting
Should the court require the City to provide a Prosecuting Attorney at the Video In
Custody hearings, the Prosecutor would appear daily for hearings. Our hourly rate would apply
until the parties reach an addendum to this contract for a flat rate.
5.3 Expenses
5.4
. The City shall reimburse the Prosecuting Attorney for any reasonable
out-of-pocket expenses that may be required in the performance of its duties as Prosecuting
Attorney on behalf of the City. Expenses of jury preparation, exhibits, witnesses, (including
SMD) and interpreters, police reports, and transcription costs shall be the sole responsibility of
the City.
Payment Terms
5.5
. Fees and costs are due from the City upon billings by the
Prosecuting Attorney. A service charge shall accrue at the rate of 12% per annum (1% per
month) and be added to any balance remaining unpaid sixty (60) days after the statement date.
Fee Review
shall be reviewed annually by the City Council. Changes in fees shall be first proposed by the
Prosecutor to the Mayor for consideration in the preparation of the Mayoral budget. Increases in
such fee and cost structure, if any, shall be considered by the City Council as a part of its budget
process. Such changes, if any, to the fee structure and the budget process approved by the City
Council shall, upon acceptance by the Prosecutor, be made a part of this Agreement. If no
proposals to the fee retainer are made, each January 1st, year the Prosecutor shall receive an
annual cost of living increase at the rate equal to the current CPI %` for the calendar year for non-
union employees, not to be less thanof 53%. annually.
: The schedule of fees provided for in paragraph 5.1 shall apply for
the contract period reflected in Article 6. Changes in fees, if any, shall be proposed by the
Prosecutor and changes, if any, to the fee structure and the budget process approved by the City
Council shall, upon acceptance by the Prosecutor, be made a part of this Agreement.
CONTRACT FOR LEGAL SERVICES - 5
(Prosecuting Attorney for the City of Arlington)
VI. CONTRACT PERIOD
6.1 Term
6.2
. This amended contract shall take effect on the 1st day of
MayJulyJanuary 2011, 20087, and shall continue in effect until the 31st day of December,
201309.
Renewal
6.3
. The Prosecuting Attorney shall submit a proposed contract commencing
for the calendar year 20130 on or before the 1st 1st day of SeptemberOctober 2013, or unless
otherwise agreed. , 2009 It is anticipated that negotiations for renewal of this contract will take
place prior to the expiration of 2013,09; provided, however, that if no negotiations shall occur,
this contract shall be renewed automatically for one calendar year subject to the same terms and
conditions set forth herein, provided that there is no written opposition from either party. The
City also retains the right to solicit other proposals for the Prosecuting Attorney at anytime.
Termination
. This contract may be terminated by the City or the Prosecuting
Attorney upon ninety (90) days advance written notice in the event that it shall be determined
that the quality of legal services provided by the Prosecuting Attorney and/or the support by the
City does not meet the requirements set forth herein.
VII. COLLECTION COSTS
7.1 In the event a party breaches this agreement, the prevailing party shall be entitled
to recover reasonable attorney’s fees and costs associated with enforcing their rights herein. The
parties acknowledge that venue shall be in the Snohomish County Superior Court.
VIII. INSURANCE AND HOLD HARMLESS
8.1 Liability Insurance
Attorney shall maintain professional liability and malpractice insurance that shall provide
coverage for anyone acting for or on behalf of the Prosecuting Attorney in the performance of
this contract, unless the acting attorney carries his or her own policy consistence with the
Prosecuting Attorney. Such insurance shall be obtained from any insurance company authorized
to do business as such in the State of Washington and shall have minimum policy limits of ONE
MILLION DOLLARS ($1,000.000.00).
. During the life of this contract, the Prosecuting
8.2 Acting Within Scope
8.3
. To the extent provided by law and irrespective of any
insurance required of the Contractor, the Contractor shall defend and indemnify the City from
any and all claims arising out of or in any way relating to this Agreement; provided, however,
requirements of this paragraph shall not apply to that portion of such Claim that reflects the
percentage of negligence of the City compared to the total negligence of all persons, firms, or
corporations that resulted in the Claim.
Conduct of City
8.4
. Nothing herein shall be interpreted to require the Prosecuting
Attorney to indemnify the City, its officers, agents or employees from loss, claim or liability
arising from negligent, wrongful or tortious conduct of the City, its officers, agents or employees.
Conduct of Prosecuting Attorney. So long as the Prosecutor is acting within the scope of
this contract and in accord with its ethical responsibilities under the provisions of the Rules of
Professional Conduct, it shall be entitled to legal defense and representation as an official of the
CONTRACT FOR LEGAL SERVICES - 6
(Prosecuting Attorney for the City of Arlington)
City. Nothing herein shall be interpreted to require the City to indemnify the Prosecuting
Attorney, its officers, agents or employees from loss, claim or liability arising from negligent,
wrongful or tortuous conduct of the Prosecuting Attorney, its officers, agents or employees.
the City to indemnify the Prosecuting Attorney, its officers, agents or employees from loss, claim
or liability arising from negligent, wrongful or tortuous conduct of the Prosecuting Attorney, its
officers, agents or employees.
IX. AFFIRMATIVE ACTION
9.1 Non-Discrimination in Employment
Contract, the Prosecuting Attorney shall comply with the Washington “Law Against
Discrimination” and should any part of the performance contemplated hereunder be financed by
federal funds, the Prosecuting Attorney shall comply with all applicable federal laws against
discrimination in employment. Satisfactory performance of this clause by the Prosecuting
Attorney shall include but not be limited to the following:
. During the performance of this
During the performance of this contract, Prosecuting Attorney
shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin,
creed, marital status, age or the presence of any sensory, mental
or physical handicap. Performance shall include, but not be
limited to: employment, upgrading, demotion or transfer,
recruitment advertising, layoff or termination, rates of pay or
other form of compensation, and programs for training including
apprenticeships, unless such distinctions are based upon a bona
fide occupational qualification.
X. NOTICES
10.1 Notices
contract, such shall be deemed given if such is sent in writing by certified mail to his/her office,
in the case of the Prosecuting Attorney, or to the Office of the Mayor, in the case of the City.
. That if any notice is required or desired to be given under this
10.2 Entire Contract
may be changed only by an agreement in writing signed by the party against whom enforcement
of any waiver, change or modification, extension or discharge is sought.
This contract contains the entire understanding of the parties. It
IN WITNESS WHEREOF the parties have executed this Agreement on the ____ day
of __________, 2010007.
THE CITY OF ARLINGTON, a Washington Municipality
CONTRACT FOR LEGAL SERVICES - 7
(Prosecuting Attorney for the City of Arlington)
_______________________________________________
Margaret Larson, Mayor
ZACHOR & THOMAS, Inc., P.S.
_______________________________________________
H. James Zachor, Jr., President
ATTEST/AUTHENTICATED:
__________________________________
City Clerk,
Content read, noted and approved:
__________________________________
Steven J. Peiffle, WSBA#14704
Attorney for the City of Arlington