HomeMy WebLinkAbout2011-008 ORDINANCE NO. 2011-008
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING A NEW
ARLINGTON MUNICIPAL CODE CHAPTER 13.36 RELATING TO WASTEWATER
PRETREATMENT
WHEREAS,the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
the City's wastewater regulations;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. A new Chapter 13.36 is hereby added to the Arlington Municipal Code, as
follows:
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.
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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.
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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 Non-liability.
13.36.010 Purpose and policy.
(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 Wastewater 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
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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
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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/1)).
(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.
0) "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.
(1) "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
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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.
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(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
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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
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standard units.
Oj) "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).
(11) "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
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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
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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/1 Milligrams per liter
k. LEL Lower explosive limit
1. NPDES National Pollutant Discharge Elimination System
in. O and M Operation and maintenance
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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;
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(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
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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/1 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.
ORDINANCE NO. 2011-008 14
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:
LOCAL DISCHARGE LIMITATIONS
Organics as Grab Sample
100 mg/1 FOGs 1000 mg/l Chlorine
750 mg/1 BOD TBD mg/l Cyanide
750 mg/1 TSS
TBD =to be determined upon completion of testing and analysis.
ORDINANCE NO. 2011-008 15
Metals as 24-Hour Flow Proportional Composite Sample
100 mg/1 FOGs0.71 mg/1 Arsenic 0.10 mg/1 Mercury
0.70 mg/1 Cadmium 1.48 mg/1 Nickel
1.47 mg/1 Chromium 0.47 mg/1 Silver
0.50 mg/1 Copper 1.67 mg/1 Zinc
0.52 mg/1 Lead
(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. 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 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/1 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. In no case shall
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the discharge of conventional pollutants be allowed where the strength of such pollutants
exceeds 750 mg/1 BOD or 750 mg/1 TSS.
(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/1 BOD or 750 mg/1 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
ORDINANCE NO. 2011-008 17
i
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 for compliance schedule requirements.
(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.
(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 Wastewater 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
ORDINANCE NO. 2011-008 18
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
ORDINANCE NO. 2011-008 19
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
ORDINANCE NO. 2011-008 20
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
ORDINANCE NO. 2011-008 21
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
ORDINANCE NO. 2011-008 22
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 0) 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
ORDINANCE NO. 2011-008 23
period is January 1 st through December 31 st 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 1/z" x 1 I" paper on which
the required data is entered. The following format shall be used for each log
entry:
ORDINANCE NO. 2011-008 24
TYPE I FORMAT GREASE INTERCEPTOR MAINTENANCE LOG
PREPARED FOR THE CITY OF ARLINGTON, WA
GENERATOR Name Type facility name
INFORMATION Address Type facility address
Date Hand written entry
Volume pumped Hand written entry
TRANSPORTER Name Type business name
INFORMATION of transporter
Address Type 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 Hand written entry
condition of the grease interceptor.
Driver name Hand written entry
Driver signature Signature
TYPE II GREASE INTERCEPTOR MAINTENANCE LOG
FORMAT PREPARED FOR THE CITY OF ARLINGTON,WA
GENERATOR Name Type facility name
INFORMATION Address Type facility address
Date Hand written entry
Volume pumped Hand written entry
TRANSPORTER Name Type business name
INFORMATION 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 Hand written entry
condition of the grease interceptor
Driver name Hand written entry
Driver signature Signature
ORDINANCE NO. 2011-008 25
RECEIVING Facility name Type facility name
FACILITY INFORMATION Address Type facility address
Facility permit number Type Department ofHealth 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 Hand written entry
discharge
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.
(1) 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
ORDINANCE NO. 2011-008 26
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 Wastewater 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
ORDINANCE NO. 2011-008 27
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, and
(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
(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
ORDINANCE NO. 2011-008 28
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. Results of monitoring shall be
forwarded to the director in accordance with the director's specifications.
(b) Recreational Vehicle (RV) Wastewater.
(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
ORDINANCE NO. 2011-008 29
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. 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
ORDINANCE NO. 2011-008 30
i
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, 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.
13.36.230 New source and "new user."
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
ORDINANCE NO. 2011-008 31
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(d)
and (e).
13.36.240 Application contents.
All users required to obtain a Wastewater 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
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(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
ORDINANCE NO. 2011-008 33
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, 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.
(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 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 Wastewater 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
ORDINANCE NO. 2011-008 34
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;
ORDINANCE NO. 2011-008 35
(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)
ORDINANCE NO. 2011-008 36
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 Wastewater 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;
ORDINANCE NO. 2011-008 37
(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.
ORDINANCE NO. 2011-008 38
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. All Wastewater Discharge Agreements issued to a
particular user are void upon the issuance of a new Wastewater Discharge Agreement to
that user.
13.36.330 Reissuance.
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, a minimum of ninety (90) calendar days prior
to the expiration of the user's existing Wastewater Discharge Agreement. A user, whose existing
ORDINANCE NO. 2011-008 39
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.
13.36.340 State waste discharge authorization.
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
ORDINANCE NO. 2011-008 40
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(d)
through(f).
(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.
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(b).
(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.
(e) Flows shall be reported on the basis of actual measurement; provided, however, that
ORDINANCE NO. 2011-008 41
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.
ORDINANCE NO. 2011-008 42
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.
ORDINANCE NO. 2011-008 43
(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. 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.
13.36.420 Noncompliance reporting.
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);
ORDINANCE NO. 2011-008 44
(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
ORDINANCE NO. 2011-008 45
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.
ORDINANCE NO. 2011-008 46
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
ORDINANCE NO. 2011-008 47
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
ORDINANCE NO. 2011-008 48
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.
ORDINANCE NO. 2011-008 49
(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 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.
13.36.580 Show cause hearing.
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
ORDINANCE NO. 2011-008 50
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
ORDINANCE NO. 2011-008 51
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 are initiated
against the user.
(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 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.
ORDINANCE NO. 2011-008 52
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,
ORDINANCE NO. 2011-008 53
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
ORDINANCE NO. 2011-008 54
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
ORDINANCE NO. 2011-008 55
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
ORDINANCE NO. 2011-008 56
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:
ORDINANCE NO. 2011-008 57
(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) 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:
(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
(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.
ORDINANCE NO. 2011-008 58
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,
ORDINANCE NO. 2011-008 59
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
ORDINANCE NO. 2011-008 60
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.
Section 2. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 3. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this day of -CA ofZCU-CAk 2011.
CITY OF ARLINGTON
171 rd-u.,.._.
Margar arson, Mayor
ATTEST:
Kristin anfield, City Clerk
ORDINANCE NO. 2011-008 61
APPROVED AS TO FORM:
Steven . eiffle,Vity Xtlorney
ORDINANCE NO. 2011-008 62
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
#2011-008 was approved at the March 7, 2011 City Council meeting.
ORDINANCE #2011-008
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
ADOPTING A NEW ARLINGTON MUNICIPAL CODE
CHAPTER 13.36 RELATING TO WASTEWATER
PRETREATMENT"
A true and correct copy of the original ordinance is attached.
Dated this 8th day of March 2011.
Kristi Barfield
City Clerk for the City of Arlington
SUMMARY OF ORDINANCE ADOPTION
You are hereby notified that on March 7, 2011, the City Council of the City of
Arlington, Washington, did adopt Ordinance No. 2011-008 entitled,
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
ADOPTING A NEW ARLINGTON MUNICIPAL CODE
CHAPTER 13.36 RELATING TO WASTEWATER
PRETREATMENT"
This ordinance is effective five days from its passage and publication.
The full text of the ordinance is available to interested persons and will be mailed
upon request.
CU, SQL
Kristi Banfield
City Clerk
City of Arlington