HomeMy WebLinkAbout02-28-2011_Council Workshop Packet
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coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO FINAL ACTION WILL BE TAKEN
1. (10 min) Stormwater Wetland Phase II – Bid Results ATTACHMENT A
2. (5 min) Arlington WWTP Upgrade and Expansion Project ATTACHMENT B
Letter of Significant Completion
3. (10 min) AMC 13.36 – Pre-treatment (Ordinance) ATTACHMENT C
4. (5 min)2011 Comp Plan Docket (resolution) ATTACHMENT D
5. (15 min) Economic Development Update ATTACHMENT E
6. (10 min) Arlington Valley Land BLA ATTACHMENT F
7. (5 min) Road Closure – Carvers event in August ATTACHMENT G
8. (10 min) 2011 Goals (resolution) ATTACHMENT H
9. (10 min) Public Defender Contract ATTACHMENT I
10. TPA Interlocal Discussion
11. Miscellaneous Council items
EXECUTIVE SESSION
-Discussion of pending or potential litigation [RCW 42.30.110(1)(i)]
ADJOURNMENT
Arlington City Council Workshop
February 28, 2011 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT A
COUNCIL WORKSHOP DATE:
February 28, 2011
SUBJECT: Stormwater Wetland Bid Results DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• None at this time – a Bid Tab will be handed out at the March 7, 2011 council meeting
EXPENDITURES REQUESTED: No Expenditure
BUDGET CATEGORY: Stormwater Capital Fund 409
LEGAL REVIEW: City Attorney will review bid tab
DESCRIPTION: Bid Tabulation showing all received bids for the Stormwater wetland, these
bids have not yet been qualified and are being presented for informational purposes only.
HISTORY: In 2000, the City purchased a 27 acre parcel, with over 1,400-feet of Stillaguamish
River frontage, for the creation Stormwater Wetland. Soon after acquiring the property, the
City began presenting this idea to the Department of Ecology and Snohomish Conservation
District. Both have agreed with the conceptual plan, and are in support of the City’s efforts.
With design and permitting now completed, this project is now ready to enter the construction
phase. The City has bid the Stormwater Wetland Project, and bids are due on March 4, 2011.
Staff will have final bid results and recommendation of award at the March 7, 2011 council
meeting.
ALTERNATIVES:
- Update for Council - Discussion only
RECOMMENDED ACTION:
Discussion only – no action is being requested at this time. At the next Council Meeting staff
will provide a recommendation as to whom the contract should be awarded.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT B
COUNCIL WORKSHOP DATE:
February 28, 2011
SUBJECT: IMCO General Contractors – Letter
of Substantial Completion on WWTP Upgrade
and Expansion Project
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Handout at Council Workshop
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: WWTP Project (Fund 408)
LEGAL REVIEW: Pending final approval by City Attorney
DESCRIPTION This is a letter stating that IMCO General Contractors have completed sufficient
construction of the WWTP Upgrade and Expansion Project to the satisfaction of the City, and
that they have achieved “substantial completion” as defined by the contract documents.
HISTORY: In 2005 the City began actively preparing for the upgrade and expansion of the
wastewater treatment plant (WWTP) to meet new clean water requirements and prepare for
future growth. After design was completed and approved by the Department of Ecology, the
City conducted a public bid for construction of the required upgrades and expansion. IMCO
General Contractors, Inc. were the low bidder and were awarded the contract, a notice to
proceed was issued in April 2009.
IMCO has completed all of the project construction requirements, except for site paving and
minor Punch List Items and has met the contractual requirements for “Substantial Completion”
as stated in the attached letter of substantial completion.
ALTERNATIVES:
Do not issue a Letter of Substantial Completion
RECOMMENDED ACTION:
No action is being requested at this time. At the next Council Meeting the
recommendation will be a motion acknowledging that IMCO General Contractors have
achieved “Substantial Completion” on construction of the WWTP Upgrade and Expansion
Project and authorizing the mayor to sign a Letter of Substantial Completion to that effect.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT C
COUNCIL MEETING DATE:
February 28, 2011
SUBJECT:
New AMC Chapter 13.36 – Pre-treatment
DEPARTMENT OF ORIGIN:
Executive / Public Works
Contact: Kristin Banfield, 360-403-3444
James Kelly, 360-403-3505
ATTACHMENTS:
- AMC Chapter 13.36
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Complete. All comments and edits proposed
by the City Attorney have been incorporated.
DESCRIPTION:
Staff is proposing a new addition to the Arlington Municipal Code which addresses the
prevention of the introduction of pollutants or inadequately treated pollutants into the publicly
owned treatment works for the City of Arlington. This chapter sets forth uniform requirements
for users of the publicly owned treatment works (POTW) for the city of Arlington, and enables
the city to comply with all applicable state and federal laws, including the Clean Water Act (33
U.S.C. 1251 et seq.).
HISTORY:
The City has been updating the Arlington Municipal Code over the course of the past year. The
project should be complete and the AMC completely updated in a searchable format on the
internet.
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time.
Title 13
Chapter 13.36
WASTEWATER PRETREATMENT CODE
Sections:
13.36.010 Purpose and policy.
13.36.020 Administration.
13.36.030 Definitions.
13.36.040 Abbreviations.
13.36.050 Prohibited discharge standards.
13.36.060 Federal categorical pretreatment standards.
13.36.070 State requirements.
13.36.080 Local discharge limitations.
13.36.090 City’s right of revision.
13.36.100 Special agreement.
13.36.110 Dilution.
13.36.120 General pretreatment facilities.
13.36.130 Deadline for compliance with applicable pretreatment requirements.
13.36.140 Pretreatment facilities for fats, oils and grease (FOG).
13.36.150 Additional pretreatment measures.
13.36.160 Accidental spill prevention program/slug load control plan.
13.36.170 Septic tank wastes.
13.36.180 Monitoring of wastewater discharges.
13.36.190 Garbage disposal/garbage grinders.
13.36.200 Dangerous waste regulations.
13.36.210 Required.
13.36.220 Existing SIU.
13.36.230 New source and “new user.”
13.36.240 Application contents.
13.36.250 Signatory and certification requirement.
13.36.260 Decisions.
13.36.270 Contents.
13.36.280 Appeals.
13.36.290 Duration.
13.36.300 Modification.
13.36.310 Transfer.
13.36.320 Revocation.
13.36.330 Reissuance.
13.36.340 State waste discharge authorization.
13.36.350 Baseline monitoring reports.
13.36.360 Final compliance report (initial compliance report).
13.36.370 Periodic compliance report (monthly report).
13.36.380 Compliance schedules for meeting applicable pretreatment standards.
13.36.390 Notification of significant production changes.
13.36.400 Hazardous waste notification.
13.36.410 Notice of potential problems, including accidental spills, slug loadings.
13.36.420 Noncompliance reporting.
13.36.430 Notification of changed discharge.
13.36.440 Total Toxic Organics reporting.
13.36.450 Reports from users not required to secure discharge authorization
documents.
13.36.460 Record keeping.
13.36.470 Timing.
13.36.480 Sampling requirements for users.
13.36.490 Analytical requirements.
13.36.500 City monitoring of user’s wastewater.
13.36.510 Inspection and sampling.
13.36.520 Monitoring facilities.
13.36.530 Search warrants.
13.36.540 Vandalism.
13.36.550 Trade secrets.
13.36.560 Notice of Violation, NOV.
13.36.570 Consent orders.
13.36.580 Show cause hearing.
13.36.590 Compliance orders.
13.36.600 Cease and desist orders.
13.36.610 Administrative fines.
13.36.620 Emergency suspensions.
13.36.630 Termination of discharge (nonemergency).
13.36.640 Appeal.
13.36.650 Injunctive relief.
13.36.660 Civil penalties.
13.36.670 Criminal prosecution.
13.36.680 Remedies nonexclusive.
13.36.690 Assurance device.
13.36.700 Water supply severance.
13.36.710 Public nuisances.
13.36.720 Contractor listing.
13.36.730 Publication of violations and/or enforcement actions.
13.36.740 Upset.
13.36.750 Prohibited discharge standards.
13.36.760 Bypass.
13.36.770 Pretreatment charges and fees.
13.36.780 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 resulting from the program established herein.
13.36.020 Administration.
Except as otherwise provided herein, the director shall administer, implement,
and enforce the provisions of this chapter. Any powers granted to or duties imposed
upon the director may be delegated by the director to other City of Arlington personnel.
13.36.030 Definitions.
Unless a provision explicitly states otherwise, the following terms and
phrases, as used in this chapter, shall have the meanings hereinafter designated.
(a) “Act” or “the Act” means the Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
(b) “Administrative penalty (fine)” means a punitive monetary charge unrelated to
treatment cost, which is assessed by the director rather than a court.
(c) “Applicable pretreatment standards,” for any specified pollutant, means
Arlington prohibitive standards, Arlington specific pretreatment standards (local
limits), state of Washington pretreatment standards, or EPA’s categorical
pretreatment standards (when effective), whichever standard is appropriate and
most stringent.
(d) “Approval authority” means the state of Washington Department of Ecology.
(e) “Authorized representative of the user” means:
(1) If the user is a corporation:
(A) The president, secretary, treasurer, or a vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for the
corporation; or
(B) The manager of one or more manufacturing, production, or operation
facilities if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures;
(2) If the user is a limited liability company, partnership or sole
proprietorship: a member, general partner or proprietor, respectively;
(3) If the user is a federal, state, or local governmental facility: a director or
highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or their authorized
designee;
(4) The individuals described in subsections (5)(a) through (c) may
designate another authorized representative if the authorization is in writing,
the authorization specifies the individual or position responsible for the
overall operation of the facility from which the discharge originates or having
overall responsibility for environmental matters for the company, and the
written authorization is submitted to the city.
(f) “Best management practices (BMPs)” means schedules of activities,
prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce the pollution of waters of the United States. BMPs
also include treatment requirements, operating procedures, and practices to
control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw material storage.
(g) “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory
procedures for 5 calendar days at 20 degrees centigrade, usually expressed as a
concentration (milligrams per liter (mg/l)).
(h) “Categorical pretreatment standard” or “categorical standard” means any
regulation containing pollutant discharge limits promulgated by the U.S. EPA in
accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply
to a specific category of users and which appear in 40 CFR Chapter I,
Subchapter N, Parts 405 – 471.
(i) “Categorical user” means a user covered by one of EPA’s categorical
pretreatment standards.
(j) “Chemical oxygen demand (COD)” means a measure of the oxygen
consuming capacity of inorganic and organic matter present in wastewater. COD
is expressed as the amount of oxygen consumed from a chemical oxidant in mg/l
during a specific test.
(k) “City” means the City of Arlington, Washington.
(l) “Cooling water/noncontact cooling water” means water used for cooling
which does not come into direct contact with any raw material, intermediate
product, waste product, or finished product. Cooling water may be generated
from any use, such as air conditioning, heat exchangers, cooling or refrigeration
to which the only pollutant added is heat.
(m) “Color” means the optical density at the visual wave length of maximum
absorption, relative to distilled water. One hundred percent transmittance is
equivalent to zero (0.0) optical density.
(n) “Composite sample” means the sample resulting from the combination of
individual wastewater samples taken at selected intervals based on an increment
of either flow or time.
(o) “Department of Ecology” (DOE is a Washington state agency with authority
delegated by the U.S. Environmental Protection Agency (EPA) to regulate and
permit the discharge of pollutants into the state's surface waters through National
Pollutant Discharge Elimination System (NPDES) and is also responsible for
implementing and enforcing the requirements of Washington state’s Water
Pollution Control policy as stipulated in RCW 90.48.
(p) “Director” means the director of the City of Arlington Public Works
Department, or their designee.
(q) “Discharge Agreement” means an agreement or equivalent control document
issued by the city to users discharging wastewater to the POTW. The agreement
may contain appropriate pretreatment standards and requirements as set forth in
this chapter.
(r) “Domestic user (residential user)” means any person who contributes,
causes, or allows the contribution of wastewater into the city POTW that is of a
similar volume and/or chemical make-up as that of a residential dwelling unit.
Discharges from a residential dwelling unit typically include up to 100 gallons per
capita per day at 250 mg/l of BOD and TSS.
(s) “Environmental Protection Agency (EPA)” means the U.S. Environmental
Protection Agency or, where appropriate, the Regional Water Management
Division Director, or other duly authorized official of said agency.
(t) “Existing source,” for a categorical industrial user, is any source of discharge,
the construction or operation of which commenced prior to the publication by
EPA of proposed categorical pretreatment standards, which will be applicable to
such source if the standard is thereafter promulgated in accordance with Section
307 of the Act.
(u) “Existing user,” for non-categorical users, is defined as any user which is
discharging wastewater prior to the effective date of the ordinance codified in this
chapter.
(v) “Fats, oils and grease (FOG)” means those components of wastewater
amenable to measurement by the methods described in Standard Methods for
the Examination of Water and Wastewater, 19th Edition, 1992, Section 5520.
The term “fats, oils and grease” shall include polar and nonpolar fats, oils, and
grease.
(w) “Grab sample” means a sample which is taken from a wastestream on a one-
time basis without regard to the flow in the wastestream and without
consideration of time.
(x) “High strength waste” means any waters or wastewater having a
concentration of BOD or total suspended solids in excess of 250 mg/l.
(y) “Indirect discharge” or “discharge” means the introduction of pollutants into
the POTW from any nondomestic source regulated under Section 307(b), (c), or
(d) of the Act. The discharge into the POTW is normally by means of pipes,
conduits, pumping stations, force mains, constructed drainage ditches, surface
water intercepting ditches, and all constructed devices and appliances
appurtenant thereto.
(z) “Interference” means a discharge which alone or in conjunction with a
discharge or discharges from other sources either: (1) inhibits or disrupts the
POTW, its treatment processes or operations; (2) inhibits or disrupts its biosolids
(sludge) processes, use or disposal; or (3) is a cause of a violation of the city’s
NPDES authorization or of the prevention of sewage sludge use or disposal in
compliance with any of the following statutory/regulatory provisions or
authorizations issued there under: Section 405 of the Clean Water Act; the Solid
Waste Disposal Act (SWDA), including Title II commonly referred to as the
Resource Conservation and Recovery Act (RCRA); any state regulations
contained in any state sludge management plan prepared pursuant to Subtitle D
of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the
Marine Protection, Research, and Sanctuaries Act.
(aa) “Local discharge limitations” means enforceable local standards developed
by the City of Arlington. The standards are expressed in units of concentration as
milligrams of pollutant per liter of solution.
(bb) “Maximum allowable discharge limit” means the maximum concentration (or
loading) of a pollutant allowed to be discharged at any time.
(cc) “Medical wastes” means isolation wastes, infectious agents, human blood
and blood products, pathological wastes, sharps, body parts, contaminated
bedding, surgical wastes, potentially contaminated laboratory wastes, and
dialysis wastes.
(dd) “New source” means:
(1) Any building, structure, facility, or installation from which there is (or may
be) a discharge of pollutants, the construction of which commenced after the
publication of proposed pretreatment standards under Section 307(c) of the
Act which will be applicable to such source if such standards are thereafter
promulgated in accordance with that section; provided, that:
(A) The building, structure, facility, or installation is constructed at a site
at which no other source is located; or
(B) The building, structure, facility, or installation totally replaces the
process or production equipment that causes the discharge of pollutants
at an existing source; or
(C) The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent of an
existing source at the same site. In determining whether these are
substantially independent factors such as the extent to which the new
facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the
existing source should be considered.
(2) Construction or development on a site at which an existing source is
located that results in a modification of the existing source rather than a new
source, if the construction does not create a new building, structure, facility,
or new process but otherwise alters, replaces, or adds to existing process or
production equipment.
(3) Construction of a new source as defined under this subsection has
commenced if the owner or operator has:
(A) Begun or caused to begin as part of a continuous on-site
construction program:
(i) Any placement, assembly, or installation of facilities or
equipment; or
(ii) Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which is
necessary for the placement, assembly, or installation of new source
facilities or equipment; or
(B) Entered into a binding contractual obligation for the purchase of
facilities or equipment which is intended to be used in its operation within
a reasonable time. Options to purchase or contracts which can be
terminated or modified without substantial loss, and contracts for
feasibility, engineering, and design studies do not constitute a
contractual obligation under this section.
(ee) “New User.” A “new user” is a user that applies to the city for a new
building permit or any person who occupies an existing building and plans to
discharge wastewater to the city’s collection system after the effective date of the
ordinance codified in this chapter; provided that any person that buys an existing
facility that is discharging nondomestic wastewater will be considered an
“existing user” if no significant changes are made in the operation. A “new user”
is not a “new source”.
(ff) “Notice of Violation.” A written notification issued to an individual or business
entity that is connected to the City’s Sanitary Sewer System, or has been issued
a Wastewater Discharge Agreement, and informs them they have violated, or are
continuing to violate, any provision of this chapter or any other chapter of the City
municipal code.
(gg) “Pass through” means a discharge which exits the POTW into waters of the
United States in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of the city’s NPDES authorization (including an increase in the
magnitude or duration of a violation).
(hh) “Person” means any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental entity,
or any other legal entity, or their legal representatives, agents, or assigns. This
definition includes all federal, state, or local governmental entities.
(ii) “pH” means a measure of the acidity or alkalinity of a substance, expressed
in standard units.
(jj) “Pollutant” means any dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discharged
equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the
characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color,
BOD, chemical oxygen demand (COD), toxicity, or odor).
(kk) “Pretreatment” means the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant properties in
wastewater prior to (or in lieu of) introducing such pollutants into the POTW. This
reduction or alteration can be obtained by physical, chemical, or biological
processes; by process changes; or by other means (except by diluting the
concentration of the pollutants unless allowed by an applicable pretreatment
standard).
(ll) “Pretreatment requirements” means any substantive or procedural
requirement related to pretreatment imposed on a user, other than a
pretreatment standard.
(mm) “Pretreatment standards” or “standards” means prohibited discharge
standards, categorical pretreatment standards, and local limits established by the
city (POTW).
(nn) “Prohibited discharge standards” or “prohibited discharges” means absolute
prohibitions against the discharge of certain substances; these prohibitions
appear in AMC 13.36.050.
(oo) “Publicly owned treatment works (POTW)” means a “treatment works,” as
defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the city.
This definition includes all devices, facilities, or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial wastes of a
liquid nature and any conveyances which convey wastewater to a treatment
plant. The term also means the City of Arlington Wastewater Treatment Plant.
(pp) “Recreational vehicle waste (RV waste)” means any domestic and/or
residential wastes from holding tanks on private recreational vehicles, including
travel trailers, pickup truck mounted campers and mobile domestic single-family
recreational vehicles. This category does not include tour buses and public
transportation vehicles. This category does not include wastes from vehicles
which collect wastewater from holding tanks.
(qq) “Septic tank waste” means any domestic and/or residential sewage from
holding tanks such as vessels, chemical toilets, and septic tanks.
(rr) “Sewage” means human excrement and gray water (household showers,
dishwashing operations, etc.).
(ss) “Sewer” means any pipe, conduit ditch, or other device used to collect and
transport sewage from the generating source.
(tt) Shall, May. “Shall” is mandatory, “may” is permissive.
(uu) “Significant industrial user (SIU)” means:
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(A) Discharges an average of 25,000 gpd or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling and
boiler blowdown wastewater); or
(B) Contributes a process wastestream which makes up 5 percent or
more of the average dry weather hydraulic or organic capacity of the
POTW treatment plant; or
(C) Is designated as such by the city on the basis that it has a
reasonable potential for adversely affecting the POTW’s operation or for
violating any pretreatment standard or requirement;
(3) Upon a finding that a user meeting the criteria as stated herein has no
reasonable potential for adversely affecting the POTW’s operation or for
violating any applicable pretreatment standard or requirement, the city may
at any time, on its own initiative or in response to a petition received from a
user, determine that such user should not be considered a significant
industrial user.
(vv) “Slug load” means any discharge at a flow rate or concentration which could
cause a violation of the discharge standards in AMC 13.36.050 through
13.36.080 or any discharge of a non-routine, episodic nature, including but not
limited to an accidental spill or a non-customary batch discharge, or any
discharge greater than or equal to five times the amount or concentration allowed
by authorization or this chapter.
(ww) “Standard Industrial Classification (SIC) code” means a classification
pursuant to the Standard Industrial Classification Manual issued by the United
States Office of Management and Budget.
(xx) “State” means the state of Washington.
(yy) “Storm water” means any flow occurring during or following any form of
natural precipitation, and resulting from such precipitation, including snowmelt.
(zz) “Total suspended solids” means the total suspended matter that floats on the
surface of, or is suspended in, water, wastewater, or other liquid, and which is
removable by laboratory filtering.
(aaa) “Toxic pollutant” means one of the pollutants, or combination of those
pollutants, listed as toxic in regulations promulgated by EPA under Section 307
(33 U.S.C. 1317) of the Act, or other pollutants as may be promulgated.
(bbb) “Treatment plant effluent” means the discharge from the POTW into
waters of the United States.
(ccc) Treatment Works. See “Publicly owned treatment works (POTW).”
(ddd) “User” or “industrial user” means a source of indirect discharge. The
source shall not include “domestic user” as defined herein.
(eee) “Wastewater” means liquid and water-carried industrial wastes and
sewage from residential dwellings, commercial buildings, industrial and
manufacturing facilities, and institutions, whether treated or untreated, which are
contributed to the POTW.
(fff) “Wastewater Discharge Agreement” see Discharge Agreement.
(ggg) “Wastewater treatment plant” or “treatment plant” means that portion of
the POTW which is designed to provide treatment of municipal sewage and
authorized industrial waste.
(hhh) The use of the singular shall be construed to include the plural and the
plural shall include the singular as indicated by the context of its use.
13.36.040 Abbreviations.
The following abbreviations shall have the designated meanings:
a. AKART All known available and reasonable technology
b. ASPP Accidental spill prevention plan
c. BMPs Best management practices
d. BOD Biochemical oxygen demand
e. CFR Code of Federal Regulations
f. COD Chemical oxygen demand
g. DA Discharge Agreement
h. EPA U.S. Environmental Protection Agency
i. FOG Fats, oils, and grease gpd gallons per day
j. mg/l Milligrams per liter
k. LEL Lower explosive limit
l. NPDES National Pollutant Discharge Elimination System
m. O and M Operation and maintenance
n. POTW Publicly owned treatment works
o. RCRA Resource Conservation and Recovery Act
p. SIU Significant Industrial User
q. SIC Standard Industrial Classifications
r. SWDA Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
s. TTO Total toxic organics
t. TSS Total suspended solids U.S.C. United States Code
13.36.050 Prohibited discharge standards.
(a) General Prohibitions. No user shall introduce or cause to be introduced into
the POTW any pollutant or wastewater which causes pass through or
interference. These general prohibitions apply to all users of the POTW whether
or not they are subject to categorical pretreatment standards or any other
national, state, or local pretreatment standards or requirements.
(b) Specific Prohibitions. No user shall introduce or cause to be introduced into
the POTW the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, wastestreams with a closed-cup flashpoint of
less than 140 degrees Fahrenheit (60 degrees centigrade) using the test
methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 5.5 or more than 8.0, or otherwise
causing corrosive structural damage to the POTW or equipment;
(3) Solid or viscous substances in amounts which will cause obstruction of
the flow in the POTW resulting in interference but in no case solids greater
than one-quarter inch;
(4) Pollutants, including oxygen-demanding pollutants (BOD, COD, etc.),
released in a discharge at a flow rate and/or pollutant concentration which,
either singly or by interaction with other pollutants, will cause interference
with the POTW;
(5) Wastewater having a temperature which will inhibit biological activity in
the treatment plant resulting in interference, but in no case wastewater which
causes the temperature at the introduction into the treatment plant to exceed
104 degrees Fahrenheit (40 degrees centigrade) unless the director, upon
the request of the user, approves alternate temperature limits. In no case
shall wastewater having a temperature greater than 150 degrees Fahrenheit
be discharged to the collection system;
(6) Petroleum oil, non-biodegradable cutting oil, solvents, or products of
mineral oil origin, in amounts that will cause interference or pass through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes
within the POTW in a quantity that may cause acute worker health and safety
problems;
(8) Trucked or hauled pollutants, including sanitary wastes and grease
wastes, unless authorized by the director;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which,
either singly or by interaction with other wastes, are sufficient to create a
public nuisance or a hazard to life, or to prevent entry into the sewers for
maintenance or repair;
(10) Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment plant’s
effluent, thereby violating the city’s NPDES authorization. Color (in
combination with turbidity) shall not cause the treatment plant effluent to
reduce the depth of the compensation point for photosynthetic activity by
more than 10 percent from the seasonably established norm for aquatic life;
(11) Wastewater containing any radioactive wastes or isotopes except as
specifically approved by the director in compliance with applicable state or
federal regulations;
(12) Storm water, surface water, ground water, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate, deionized
water, noncontact cooling water, and unpolluted wastewater, unless
specifically authorized by the director;
(13) Any sludges, screenings, or other residues from the pretreatment of
industrial or commercial wastes or from industrial or commercial processes,
except as authorized by the director;
(14) Medical wastes, except as specifically authorized by the director;
(15) Wastewater causing, alone or in conjunction with other sources, the
treatment plant’s effluent to fail a toxicity test;
(16) Detergents, surface-active agents, or other substances which may
cause excessive foaming in the POTW;
(17) Any liquid, solids, or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction with other substances
to cause fire or explosion or be injurious in any other way to the POTW or to
the operation of the POTW. At no time shall two successive readings on an
explosion meter, at the point of discharge into the system (or at any point in
the system), be more than 5 percent nor any single reading over 10 percent
of the lower explosive limit (LEL) of the meter;
(18) Animal intestines or tissues, paunch manure, bones, hair, hides or
fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, waste paper, styrofoam, wood, plastics, gas, tar
asphalt residues, residues from refining or processing of fuel or lubricating
oil, mud, or glass grinding or polishing wastes;
(19) Any substance which will cause the POTW to violate its NPDES and/or
other disposal system permits;
(20) Any wastewater, which in the opinion of the director can cause harm
either to the sewers, sewage treatment process, or equipment; have an
adverse effect on the receiving stream; or can otherwise endanger life, limb,
public property, or constitute a nuisance, unless allowed under special
agreement by the director (except that no special waiver shall be given from
categorical pretreatment standards);
(21) The contents of any tank or other vessel owned or used by any person
in the business of collecting or pumping sewage, effluent, septage, or other
wastewater;
(22) Any hazardous or dangerous wastes as defined in rules published by
the state of Washington (Chapter 173-303 WAC) and/or in EPA rules 40 CFR
Part 261;
(23) Persistent pesticides and/or pesticides regulated by the Federal
Insecticide Fungicide Rodenticide Act (FIFRA);
(24) Any slug load;
(25) Any substance which may cause the POTW’s effluent or treatment
residues, sludges, or scums to be unsuitable for reclamation and reuse, or to
interfere with the reclamation process;
(26) Fats, oils and grease in amounts that may cause obstructions or
maintenance problems in the collection/conveyance system, or interference
in the POTW;
(27) Waste antifreeze (ethylene glycol, etc.);
(28) Flow from an individual industrial facility in excess of 120,000 gpd
without written permission of the director;
(29) BOD or TSS from an individual industrial or commercial facility in
excess of 750 mg/l measured at the point of connection with the city
system.
(c) Pollutants, substances, or wastewater prohibited by this section shall not be
processed or stored in such a manner that they could be discharged to the
POTW.
13.36.060 Federal categorical pretreatment standards.
The national categorical pretreatment standards found at 40 CFR Chapter I,
Subchapter N, Parts 405 – 471 are incorporated herein by reference as if set forth in full
in this chapter.
13.36.070 State requirements.
State requirements and limitations on discharges to the POTW shall be met by all
users which are subject to such standards in any instance in which they are more
stringent than federal requirements and limitations, or those in this chapter or other
applicable ordinances.
13.36.080 Local discharge limitations.
(a) The following discharge limitations are established to prevent site-specific
treatment plant and environmental problems. The local discharge limitations
under this section are in force for all nondomestic users of the city’s wastewater
treatment plant. Local discharge limitations for the city are established using the
allowable headworks loading method in accordance with the following EPA
documents:
(1) Guidance Manual on the Development and Implementation of Local
Discharge Limitations under the Pretreatment Program (1987);
(2) Supplemental Manual on the Development and Implementation of Local
Discharge Limitations Under the Pretreatment Program (1991);
(3) PRELIM Version 4.0 Users Guide (1991).
(b) The following local discharge limitations are based on a technical analysis of
the total loading of pollutants to the river watershed and the requirements of the
Washington State Water Quality Standards (Chapter 173-201A WAC) and the
Biosolids protection criteria in accordance with 40 CFR Part 503 final rule signed
November 25, 1993.
(c) Wastewater containing total recoverable metals in concentrations exceeding
these local discharge limitations shall not be discharged to the city’s collection
system or treatment works:
TBD = to be determined upon completion of testing and analysis.
(d) Local discharge limitations apply at the point where wastewater is discharged
to the collection system for all users. Local discharge limitations are in force at all
monitoring facilities required under AMC 13.36.520. 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
LOCAL DISCHARGE LIMITATIONS
Organics as Grab Sample
100 mg/l FOGs 1000 mg/l Chlorine
750 mg/l BOD TBD mg/l Cyanide
750 mg/l TSS
Metals as 24-Hour Flow Proportional Composite Sample
100 mg/l FOGs0.71 mg/l Arsenic 0.10 mg/l Mercury
0.70 mg/l Cadmium 1.48 mg/l Nickel
1.47 mg/l Chromium 0.47 mg/l Silver
0.50 mg/l Copper 1.67 mg/l Zinc
0.52 mg/l Lead
facility.
(e) Local discharge limitations are expressed in units of milligrams of
contaminant per liter of solution. The total mass or concentration of the
constituent ion shall be limited under these maximum allowable discharge
limitations without regard to oxidation state or chelation status. Where the user is
subject to a categorical pretreatment standard or a specific discharge limitation
under a state waste discharge agreement, the more stringent limit or
pretreatment standard shall apply.
13.36.090 City’s right of revision.
The city reserves the right to establish, by ordinance or in an amended
Wastewater Discharge Agreement, more stringent standards or requirements on
discharges to the POTW.
13.36.100 Special Discharge Agreement.
(a) The city may enter into Wastewater Discharge Agreements with significant
industrial users to accept conventional pollutants compatible with the treatment
system at concentrations greater than those typical of domestic wastewater.
Users with BOD or TSS levels higher than 250 mg/l must have a written
agreement with the city before commencing discharge. Within such agreements,
the city may establish terms of the user’s discharge to the POTW, including
maximum flow rates. The city may also establish fees, in addition to those
established in AMC 13.12, to recover costs associated with treating such wastes
and the cost of monitoring to verify operation in accordance with agreements.
(b) The adoption of fees shall be in accordance with AMC 13.36.770. In no case
shall the discharge of conventional pollutants be allowed where the strength of
such pollutants exceeds 750 mg/l BOD or 750 mg/l TSS.
(c) Nondomestic users may be assigned to user groups in accordance with the
determination of the director. These nondomestic users may discharge
wastewater to the treatment works without a written agreement. However, the
user fees applicable to the assigned user group classification must be paid in
accordance with the current rate structure adopted by the city. In no case shall
the conventional waste strength of any user group classification exceed 750 mg/l
BOD or 750 mg/l TSS.
(d) Users discharging or intending to discharge pollutants other than BOD and
TSS, and claiming compatibility, must prove to the satisfaction of the director that
such pollutants are compatible with the POTW. These cases will be handled on a
case-by-case basis by the director. Written approval is required prior to
introducing such wastes into the treatment works. Appropriate fees may apply in
accordance with the determination of the director.
(e) In no case will a special Wastewater Discharge Agreement waive compliance
with state or federal pretreatment requirements or standards, including
categorical standards.
13.36.110 Dilution.
A user shall not increase the use of process water, or in any way attempt to dilute
a discharge, as a partial or complete substitute for adequate treatment to achieve
compliance with an applicable pretreatment standard or requirement unless expressly
authorized by an applicable pretreatment standard or requirement. The director may
impose mass limitations on users which he/she believes may be using dilution to meet
applicable pretreatment standards or requirements or in other cases when the
imposition of mass limitations is appropriate.
13.36.120 General pretreatment facilities.
(a) User(s) shall provide all known, available, and reasonable methods of
prevention, control, and treatment (AKART) as required to comply with this
chapter and shall achieve compliance with all applicable pretreatment standards
and requirements set out in this chapter within the time limitations specified by
the EPA, the state, or the director, whichever is more stringent.
(b) Any facilities required to pretreat wastewater to a level acceptable to the city
shall be provided, operated, and maintained at the user’s expense.
(c) In addition, the director may establish best management practices (BMPs) for
particular groups of users. These BMPs may include, but are not limited to, types
or methods of pretreatment technology to be used, methods of source control,
minimum maintenance requirements, delay prevention practices, good
housekeeping, spill prevention practices, or other requirements as deemed
necessary.
(d) When required by the director, an engineering report, including detailed plans
showing the pretreatment facilities and operating procedures, shall be submitted
to the city for review, and shall be acceptable to the city before construction of
the facility. The review of such plans and operating procedures will in no way
relieve the user from the responsibility of modifying the facility as necessary to
produce an acceptable discharge to the city under the provisions of this chapter.
(e) Within 90 calendar days after the completion of the wastewater pretreatment
facility, the discharger shall furnish as built drawings and its operations and
maintenance procedures. Any subsequent significant changes in the
pretreatment facility or method of operation shall be reported to and approved by
the director prior to the initiation of the changes.
(f) New sources, and new users determined to be significant industrial users
(SIUs) must have pretreatment facilities installed and operating prior to
discharge, if required.
13.36.130 Deadline for compliance with applicable pretreatment requirements.
(a) See AMC 13.36.370 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 shortest time feasible. A compliance schedule may be
included in the subject user’s Wastewater Discharge Agreement. In no case shall
compliance with the city’s local discharge limitation exceed two (2) years from the
date of adoption of said limit by the city.
(f) All existing commercial and industrial users not determined by the director to
be significant industrial users (SIUs) shall have one (1) year to comply with the
requirements of this chapter. Users not considered as significant industrial users
may request in writing an extension of the requirement for compliance. Such
extensions will be authorized by the director only for good cause. An extension of
the compliance deadline is valid only upon receiving written agreement from the
director.
(g) A specific compliance schedule for pretreatment facilities for sources of fats,
oils and grease is included in AMC 13.36.140.
(h) Wastewater Discharge Agreements or contracts between the City of
Arlington and any user or sewer utility customer that are in existence on the
effective date of the ordinance codified in this chapter shall remain in full force
and effect until the termination date of such Wastewater Discharge Agreement or
contract. Each section and subsection of this chapter that is not in direct conflict
with an existing Wastewater Discharge Agreement or contract shall become in
effect immediately upon the effective date of the ordinance codified in this
chapter. Application and enforcement of any section or subsection that is in direct
conflict with existing Wastewater Discharge Agreement or contract shall be
deferred for the duration of the existing Wastewater Discharge Agreement or
contract. Where specific requirements of this chapter are not specifically
prohibited or addressed under the requirements of an existing Wastewater
Discharge Agreement or contract, the presumption shall be that an existing
Wastewater Discharge Agreement or contract allows imposition and enforcement
of the specific requirements of this chapter. Where an existing Wastewater
Discharge Agreement or contract is in conflict with any state or federal regulation
or standard, the subject Wastewater Discharge Agreement or contract shall be
renegotiated so that compliance with the state and federal requirements is
achieved. Wastewater Discharge Agreements or contracts not in conformance
with this chapter or any state or federal regulation or standard shall not be
renewed without modifications to bring such contracts into compliance therewith.
13.36.140 Pretreatment facilities for fats, oils and grease (FOG).
(a) General requirements.
(1) It shall be unlawful for any food service establishment or other person to
discharge, or cause to be discharged, processing wastewater to the
collection system or POTW which contains oils, greases, solids, or liquids
sufficient to cause obstruction or otherwise interfere with the proper
operations of the POTW or collection system.
(2) It shall also be unlawful for any food service establishment or other
person to dispose of any grease waste or processing waste containing oils,
greases, solids, or liquids and discharge said waste into any drainage piping,
public or private sanitary sewer, storm drainage system, sufficient to interfere
with the proper operation of that system, or to discharge said waste to any
land, street, public way, river, stream, or other waterway.
(3) It shall further be unlawful for any person to allow liquid waste to
accumulate on his property or in his possession which is injurious to public
health or emits offensive odors.
(4) It shall be unlawful for any person to utilize any chemical emulsifying
agent for the purpose of hindering or eliminating the interception of fats or
grease prior to entering the city’s wastewater collection system.
(5) Food service establishments and other facilities described in subsection
(d) of this section discharging wastewater shall install, operate, clean, and
maintain a sufficiently sized oil and grease, water and solids separator
(herein called grease interceptor) necessary to achieve compliance with
requirements set forth under this provision.
(6) Oil or grease of petroleum or mineral origin shall not be discharged to the
city’s sewer system at a concentration in excess of 100 mg/l.
(7) Fats, oil or grease of animal or vegetable origin shall not be discharged
to the city’s sewer system at a concentration in excess of 100 mg/l.
(8) The concentration of oils and grease shall be measured in samples
taken from the sampling chamber following pretreatment in an approved
grease interceptor in accordance with the requirements of this section. Oil
and grease concentration shall be measured using the partition-gravimetric
method or the partition-infrared method outlined in the latest edition of
Standard Methods for the Examination of Water and Wastewater, published
by the American Public Health Association.
(b) Waste Discharge Requirements.
(1) Waste discharge from fixtures and equipment in establishments that may
contain grease, including but not limited to scullery sinks, pot and pan sinks,
vent hood drains, dishwashing machines, soup kettles and floor drains
located in areas where grease containing materials may exist, may be
drained into the sanitary sewer system only after such discharges are
pretreated in an approved grease waste interceptor in accordance with this
section.
(2) No sanitary wastes from toilets, urinals, or other similar fixtures may be
discharged through any grease waste interceptor. All wastes shall enter the
interceptor through the inlet pipe only. The wholesale shredding of food
wastes into any fixture which discharges to a grease waste interceptor is
prohibited.
(c) Location.
(1) Each grease interceptor shall be so installed and connected that it shall
be at all times easily accessible for inspection, cleaning, and the removal of
the intercepted grease. Location of the interceptor shall meet the approval of
the director.
(2) Interceptors shall be placed as close as practical to the fixture(s) they
serve.
(3) Each business establishment for which a grease interceptor is required
shall have an interceptor which shall serve only that establishment.
(d) Pretreatment Required.
(1) Dischargers who operate newly constructed or remodeled restaurants,
meat cutting facilities, cafes, lunch counters, bakeries, cafeterias, bars, or
clubs; or hotel, hospital, sanitarium, factory or school kitchens; or other
establishments that serve or prepare food where FOG may be introduced to
the sanitary sewer system shall have pretreatment facilities to prevent the
discharge of FOG.
(2) Dischargers who operate automatic and coin-operated laundries, car
washes, filling stations, commercial garages or similar businesses having
any type of washing facilities (including pressure washing and steam
cleaning) or any other dischargers producing grit, sand, oils, lint, or other
materials which have the potential of causing partial or complete obstruction
of the building site sewer or other areas in the POTW shall install approved
interceptors, oil/water separators, or tanks in accordance with specifications
adopted by the City of Arlington such that excessive amounts of oil, sand and
inert solids are effectively prevented from entering the POTW.
(e) Design.
(1) Grease interceptors shall be multiple compartment flotation chambers
where grease floats to the water surface and is retained while the clear water
underneath is discharged. The clear water discharged is subject to the
discharge prohibitions of subsection (a)(1) of this section.
(2) The grease interceptor shall be followed by a sampling compartment to
allow for monitoring of discharges from the pretreatment unit. The geometry
of the sampling compartment shall be in accordance with City of Arlington
standard plan for grease interceptors available at the Utility Department.
Interceptors shall have fittings designed for grease retention.
(3) There shall be an adequate number of manholes to provide access for
cleaning and maintenance of all areas of the interceptors; a minimum of 1
manhole per 10 feet of interceptor length. Manhole covers shall be gas-tight
in construction, and have a minimum opening dimension of 20 inches.
(f) Sizing Criteria.
(1) Sizing Formula. The size of the grease interceptor shall be determined
by using the following formula: seating capacity or the number of meals
served per peak hour, whichever is greater, x 6.0 gallons x 2.5 hours x
storage factor = interceptor size in gallons.
(2) Storage factor shall be as follows: Facilities open less than 16 hours = 1;
Facilities open for 16 hours or more = 2; Facilities open for 24 hours = 3.
(3) In cases of certain fast food restaurants or establishments with the
potential to discharge large quantities of oils, grease, solids or wastewaters,
larger capacities of grease interceptors may be required. Prepackaged or
manufactured grease interceptors may be approved by the director with
proper engineering and application review.
(g) Source Control. All food establishments which deep fry, pan fry or otherwise
generate liquid or semisolid restaurant grease shall maintain a container on-site
for containment of liquid and semisolid grease wastes. This liquid or semisolid
grease shall be transported to an approved rendering plant. In no case shall free
liquid grease be disposed of directly into fixtures which are connected to the
sanitary sewer system. Unused butter, margarine, or other solid grease products
shall not be discharged to the sanitary sewer system through garbage disposals
or other means. No exceptions to the prohibitions of this subsection are allowed
for fixtures which discharge to the sanitary sewer system through an approved
grease interceptor. Hauling and recycling of restaurant grease shall be
accomplished at a facility holding a state rendering permit.
(h) Additives. The use of any additive, such as enzymes, chemicals, or bacteria,
as a substitute for grease interceptors or the maintenance of grease interceptors
is prohibited. The use of additives as a supplement to grease interceptors may
be authorized by the director. The director will provide a specific written protocol
for testing of additives proposed for use as supplements for grease interceptor or
sewer line maintenance. Completion of the testing protocol to the satisfaction of
the director at the expense of the grease generator is required prior to use of any
additive. Written agreement from the director shall be obtained after completion
of the testing protocol to verify that no objection is taken to the use of the
proposed additive. In no case shall any additive which emulsifies fats, oils or
grease be used. The city will provide a written test procedure for determination of
emulsifying agents.
(i) Grease Interceptor Maintenance.
(1) Each facility required to install and maintain a grease waste interceptor
under this chapter shall provide regular maintenance of said interceptor to
the satisfaction of the director in accordance with the requirements set forth
in this chapter.
(2) Each person who removes grease waste from the grease interceptor
shall, to the extent technically and mechanically possible, remove the entire
content of the grease interceptor.
(A) Pumping. All grease interceptors shall be maintained by the user at
the user’s expense. Maintenance shall include the complete removal of
all contents including floating materials, wastewater, and bottom sludges
and solids. Decanting or discharging of removed waste back into the
interceptor from which the waste was removed or any other grease
interceptor for the purpose of reducing the volume to be hauled is
prohibited.
(B) Grease Removal and Grease Interceptor Pumping Frequency. All
grease interceptors must be pumped out completely once every 3
months, or more frequently, as required by the director. Exception to this
minimum frequency of pumping may be made with special written
approval from the director for generators of small quantities of grease
wastes. In no case shall the frequency of pumping be less than once
every 6 months.
(C) Disposal of Grease Interceptor Pumpage. All waste removed from
each grease interceptor must be disposed of at a facility permitted by the
health department in the county in which the disposal facility is located.
Under no circumstances shall the pumpage be returned to the City of
Arlington POTW or sewer.
(D) Maintenance Requirements. Each person who engages in grease
waste handling shall maintain all vehicles, hoses, pumps, tanks, tools,
and equipment associated with grease waste handling in good repair,
free of leaks, and in a clean and sanitary condition. All hoses and valves
on grease waste handling vehicles or tanks shall be tightly capped or
plugged after each use to prevent leakage, dripping, spilling or other
discharge of grease wastes and any public or private property.
(E) Maintenance Records. A log indicating each pumping and servicing
of an interceptor for the previous 12 months shall be maintained on site
by each food service establishment. This log shall include date, time,
amount pumped, hauler’s business name and disposal site and shall be
kept in a conspicuous location for inspection by health department or
Arlington Sanitary Sewer Utility personnel. The maintenance record log
shall be recorded in the format of the sample log included in subsection
(j) of this section.
(F) Maintenance Reporting. The information required in the
maintenance log shall be submitted to the Arlington Sanitary Sewer
Utility annually, or more frequent as stipulated in the Wastewater
Discharge Agreement. The reporting period is January 1st through
December 31st of each year. The report shall be submitted within 30
calendar days after the end of the reporting period.
(j) Maintenance Log Format. All pumpage collected by haulers from grease
interceptors shall be verified by a maintenance log which confirms pumping,
hauling and disposal of waste. Maintenance records and maintenance reporting
requirements are specified in subsections (i)(2)(E) and (F) of this section. Each
person who engages in grease waste hauling shall complete the log each time
such person services a grease interceptor. Such person shall provide a copy of
the log to the generator of the grease waste. The log format shall be one of two
types.
(1) Type I Maintenance Log Format. The Type I format shall be used when
the transporter of the pumpage maintains and operates a grease waste
treatment facility where such facility is permitted by the local department of
Health in the county in which the facility is located. The local health
department permit shall specifically cover activities associated with grease
waste recycling and/or disposal activities. The director will maintain a list of
approved permitted grease waste receiving facilities. A permitted grease
waste facility may be added to the director’s list of approved facilities upon
submittal of a proper department of health permit for the county in which the
receiving facility is located. The Type I grease waste maintenance log format
shall be used only by transporters on the director’s list of approved permitted
grease waste receiving facilities.
(2) Type II Maintenance Log Format. The Type II grease waste interceptor
maintenance log format shall be used when the transporter of the pumpage
does not maintain and operate a permitted grease waste treatment facility.
The Type II format shall be used by all transporters not on the list of
permitted and approved grease waste receiving facilities maintained by the
director. Any transporter on the approved list who does not dispose of the
hauled grease waste at its own permitted treatment facility shall use the Type
II format.
(3) Each log entry shall consist of a single sheet of 8 ½” x 11” paper on
which the required data is entered. The following format shall be used for
each log entry:
TYPE I FORMAT GREASE INTERCEPTOR MAINTENANCE LOG
PREPARED FOR THE CITY OF ARLINGTON, WA
GENERATOR
INFORMATION Name Type facility name
Address Type facility address
Date Hand written entry
Volume pumped Hand written entry
TRANSPORTER
INFORMATION Name Type business name 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
condition of the grease interceptor.
Hand written entry
Driver name Hand written entry
Driver signature Signature
TYPE II FORMAT GREASE INTERCEPTOR MAINTENANCE LOG
PREPARED FOR THE CITY OF ARLINGTON, WA
GENERATOR
INFORMATION Name Type facility name
Address Type facility address
Date Hand written entry
Volume pumped Hand written entry
TRANSPORTER
INFORMATION Name Type business name of
transporter
Address Type transporter
address
Vehicle description and capacity Hand written entry
Estimated thickness of floating grease Hand written entry
Estimated depth of bottom solids Hand written entry
COMMENTS Provide four lines the full width of the page to
allow driver to enter observations on the
condition of the grease interceptor
Hand written entry
Driver name Hand written entry
Driver signature Signature
RECEIVING
FACILITY
INFORMATION
Facility name Type facility name
Address Type facility address
Facility permit number Type Department of
Health permit number
Date Hand written entry
Volume of waste Hand written entry
Classification of waste Hand written entry
Name of receiving facility employee
authorized to document waste
discharge
Hand written entry
Signature Signature of above
employee
(k) Inspection and Entry.
(1) Any and all premises serviced by a grease interceptor and any and all
records pertaining thereto shall be subject to inspection by the director for the
purpose of determining compliance with this chapter.
(2) Any and all premises and vehicles used by any person performing
grease waste handling any and all records of such person which relate to
such person’s grease waste handling activities shall be subject to inspection
by the director for the purpose of determining compliance with this chapter.
(l) Existing Dischargers of Grease Wastes.
(1) All existing restaurants, cafes, bakeries, lunch counters, cafeterias, meat
cutting facilities, bars, or clubs, or hotel, hospital, sanitarium, factory or
school kitchens; or other establishments that serve or prepare food where
grease may be introduced to the sanitary sewer system which do not have
grease interceptors, or do not have adequately sized interceptors at the time
of adoption of the ordinance codified in this chapter shall meet the
requirement for interception of grease, oils and fats by installing an approved
grease interceptor.
(2) Approved grease interceptors shall be installed within six (6) months of
the adoption of the ordinance codified in this chapter for existing facilities
identified by the director as having a history of causing problems in the city’s
collection system. Facilities which must install approved grease interceptors
within six (6) months of ordinance adoption will be notified in writing by the
director.
(3) Existing facilities which are not so notified by the director shall have
eighteen (18) months from the time of adoption of the ordinance codified in
this chapter to install approved grease interceptors in accordance with this
chapter. Existing facilities which currently have grease interceptors of
adequate size to meet the requirements of this chapter shall submit drawings
of the existing installation along with calculations to demonstrate the
adequacy of the existing installation. If the director determines that the
existing grease interceptor meets the requirements of this chapter, the facility
will be required to install only the sampling chamber as shown on the
standard plan for grease interceptors.
13.36.150 Additional pretreatment measures.
(a) Whenever deemed necessary, the director may require users to restrict their
discharge during peak flow periods, designate that certain wastewater be
discharged only into specific sewers, relocate and/or consolidate points of
discharge, separate sewage wastestreams from industrial wastestreams, and
such other conditions as may be necessary to protect the POTW and determine
the user’s compliance with the requirements of this chapter.
(b) When determined necessary by the director, each user discharging into the
POTW shall install and maintain, on the user’s property and at their expense, a
suitable storage and flow-control facility to insure equalization of flow. The
director may require the facility to be equipped with alarms and a rate of
discharge controller, the regulation of which shall be determined by the director.
A 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 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 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 time of adoption of the ordinance codified in this chapter
shall make themselves known to the director within 3 months of adoption of
the ordinance codified in this chapter and request permission to continue
operation.
(3) The city may establish such fees as are deemed necessary for operation
of approved RV wastewater sites.
13.36.190 Garbage disposal/garbage grinders.
The use of garbage disposal units or garbage grinders for the wholesale disposal
of garbage, paper products or Styrofoam products to the sanitary sewer system is
prohibited. The installation or use of garbage grinders/garbage disposal units with rated
motor power greater than three-quarter horsepower is prohibited. All garbage
grinder/garbage disposal units with motors greater than three-quarter horsepower at the
time of adoption of the ordinance codified in this chapter shall be removed within six (6)
months of adoption of the ordinance codified in this chapter. More than one (1)
grinder/disposal unit per commercial/industrial connection shall require the approval of
the director.
13.36.200 Dangerous waste regulations.
(a) Permit Requirements for Dangerous Waste Constituents. Users discharging
a wastestream containing dangerous wastes as defined in Chapter 173-303
WAC (listed, characteristic, or criteria wastes) are required to comply with the
following permit provisions:
(1) Obtain a written agreement to discharge the waste from the director, and
either obtain specific authorization to discharge the waste in a state waste
discharge permit issued by the Department of Ecology, or accurately
describe the wastestream in a temporary permit obtained pursuant to RCW
90.48.165. The description shall include at least:
(A) The name of the dangerous waste as set forth in Chapter 173-303
WAC, and the dangerous waste number;
(B) The mass of each constituent expected to be discharged;
(C) The type of discharge (continuous, batch, or other).
(2) Compliance shall be obtained on the following schedule:
(A) Before discharge for new users;
(B) Within 30 calendar days after becoming aware of a discharge of
dangerous wastes to the POTW for existing users; and
(C) Within 90 calendar days after final rules identifying additional
dangerous wastes or new characteristics or criteria of dangerous waste
are published for users discharging a newly listed dangerous waste.
(b) Requirements for Participation in Local Hazardous Waste Management
Program. All commercial users of the treatment works owned and operated by
the City of Arlington shall participate in the local hazardous waste management
program for Snohomish County. All reasonable efforts shall be made to reduce
and recycle waste liquids and small quantity wastes generated in the business
environment. Disposal of small quantities of hazardous wastes to the sanitary
sewer system and treatment works is prohibited. Small quantity generators
(SQGs), as defined in Chapter 173-303 WAC, shall ensure delivery of all
dangerous wastes to a permitted waste management facility, legitimate recycler,
facility that beneficially uses or reuses it, a permitted municipal or industrial solid
waste facility (with prior consent of operator) or in accordance with local
moderate risk waste plans developed by Snohomish County.
13.36.210 Required.
(a) No significant industrial user (SIU) shall discharge wastewater into the
POTW without first obtaining a Wastewater Discharge Agreement from the
director. Any violation of the terms and conditions of a Wastewater Discharge
Agreement shall be deemed a violation of this chapter and subjects the
agreement to the sanctions set out in this chapter. Obtaining a Wastewater
Discharge Agreement does not relieve a user of its obligation to comply with all
federal and state pretreatment standards or requirements or with any other
requirements of federal, state, and local law. The director at his/her sole
discretion will determine which discharger is a significant industrial user.
(b) The director may require other users to obtain Wastewater Discharge
Agreements (as necessary) to carry out the purposes of this chapter.
13.36.220 Existing SIU.
Any SIU that was discharging wastewater into the POTW prior to the effective
date of the ordinance codified in this chapter and that wishes to continue such
discharges in the future shall, within 60 calendar days after notification by the director,
submit a Wastewater Discharge Agreement Application to the city in accordance with
AMC 13.36.240, 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 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
(B) Other streams as necessary to allow use of the combined
wastestream formula of 40 CFR 403.6(e).
(2) Non-categorical User. The user shall submit information showing the
measured average daily and maximum daily flow, in gallons per day, to the
POTW from each of the following:
(C) Total process flow, wastewater treatment plant flow, total plant flow
or individual manufacturing process flow as required by the director.
(D) The city may allow for verifiable estimates of these flows where
considerations are justified by cost or feasibility.
(e) Measurements of Pollutants.
(1) Categorical User.
(A) The user shall identify the applicable pretreatment standards for
each regulated or manufacturing process.
(B) In addition, the user shall submit the results of sampling and analysis
identifying the nature and concentration (or mass) where required by the
categorical pretreatment standard or as required by the city of regulated
pollutants in the discharge from each regulated or manufacturing
process. Both daily maximum and average concentration (or mass,
where required) shall be reported. The sample shall be representative of
daily operations and shall conform to sampling and analytical procedures
outlined in AMC 13.36.480 and 13.36.490.
(C) The user shall take a minimum of 3 representative samples to
compile that data necessary to comply with the requirements of this
section.
(D) Where an alternate concentration or mass limit has been calculated
in accordance with 40 CFR 403.6(e) for a categorical user covered by a
categorical pretreatment standard this adjusted limit along with
supporting data shall be submitted as part of the application.
(2) Non-categorical User.
(A) The user shall identify the applicable pretreatment standards for its
wastewater discharge.
(B) In addition, the user shall submit the results of sampling and analysis
identifying the nature and concentration (or mass where required by the
city) of regulated pollutants contained in AMC 13.36.050 through
13.36.080, as appropriate in the discharge. Both daily maximum and
average concentration (or mass, where required) shall be reported. The
sample shall be representative of daily operations and shall conform to
sampling and analytical procedures outlined AMC 13.36.480 and
13.36.490.
(C) The user shall take a minimum of 3 representative samples to
compile that data necessary to comply with the requirements of this
section.
(D) Where the director developed alternate concentration or mass limits
because of dilution this adjusted limit along with supporting data shall be
submitted as part of the application.
(f) Certification. A statement, reviewed by an authorized representative of the
user and certified by a qualified professional as outlined in AMC 13.36.250,
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 document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is to
the best of my knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.”
13.36.260 Decisions.
The director will evaluate the data furnished by the user and may require
additional information. Within 90 calendar days of receipt of a complete
Wastewater Discharge Agreement Application, the director will determine whether
or not to issue a Wastewater Discharge Agreement. The agreement shall be
issued within 30 calendar days of full evaluation and acceptance of the data
furnished. The director may deny any application for a Wastewater Discharge
Agreement.
3.36.270 Contents.
A Wastewater Discharge Agreement shall include such conditions as are
reasonably deemed necessary by the director to prevent pass through or interference,
protect the quality of the water body receiving the treatment plant’s effluent, protect
worker health and safety, facilitate sludge management and disposal, and protect
against damage to the POTW.
(a) Wastewater Discharge Agreements must contain the following conditions:
(1) A statement that indicates Wastewater Discharge Agreement duration,
which in no event shall exceed 5 years;
(2) A statement that the Wastewater Discharge Agreement is
nontransferable without prior notification to and approval from the city, and
provisions for furnishing the new owner or operator with a copy of the
existing Wastewater Discharge Agreement;
(3) Applicable pretreatment standards and requirements, including any
special requirements;
(4) Self monitoring, sampling, reporting, notification, submittal of technical
reports, compliance schedules, and recordkeeping requirements. These
requirements shall include an identification of pollutants to be monitored,
sampling location, sampling frequency, and sample type based on federal,
state, and local law;
(5) Requirement for immediate notification to the city where self-monitoring
results indicate noncompliance;
(6) Requirement to report a bypass or upset of a pretreatment facility;
(7) Requirement for the SIU who reports noncompliance to repeat the
sampling and analysis and submit results to the city within 30 calendar days
after becoming aware of the violation;
(8) A reference to this chapter concerning applicable civil, criminal, and
administrative penalties for violation of pretreatment standards and
requirements, and any applicable compliance schedule.
(b) Wastewater Discharge Agreements may contain, but need not be limited to,
the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of
discharge, and/or requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of pollutants into the treatment
works;
(3) Requirements for the development and implementation of spill control
plans or other special conditions including management practices necessary
to adequately prevent accidental, unanticipated, or routine discharges;
(4) Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and
sampling facilities and equipment;
(7) A statement that compliance with the Wastewater Discharge Agreement
does not relieve the applicant of responsibility for compliance with all
applicable federal and state pretreatment standards, including those which
become effective during the term of the Wastewater Discharge Agreement;
(8) Any special agreements the director chooses to continue or develop
between the city and user;
(9) Other conditions as deemed appropriate by the director to ensure
compliance with this chapter, and state and federal laws, rules, and
regulations.
13.36.280 Appeals.
Any person, including the user, may petition the City to reconsider the terms of a
Wastewater Discharge Agreement or other determination under this chapter within thirty
(30) calendar days of its issuance.
(a) Failure to submit a timely petition for review shall be deemed to be a waiver
of the administrative appeal.
(b) In its petition, the appealing party must indicate the 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;
(5) Violation of any terms or conditions of the Wastewater Discharge
Agreement;
(6) Misrepresentations or failure to fully disclose all relevant facts in the
Wastewater Discharge Agreement application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8) To correct typographical or other errors in the Wastewater Discharge
Agreement; or
(9) To reflect a transfer of the facility ownership and/or operation to a new
owner/operator.
(b) Such modifications of Wastewater Discharge Agreements shall occur at the
time of renewal of said agreement except in unusual circumstances related to
actions or regulations imposed by the Department of Ecology or other regulatory
authorities. Treatment plant system upsets or other treatment plant operational
problems shall also be grounds for modification of Wastewater Discharge
Agreement documents prior to the date of renewal. No vested right shall be
created by the issuance of a Wastewater Discharge Agreement under this
chapter.
13.36.310 Transfer.
(a) Wastewater Discharge Agreements may be reassigned or transferred to a
new owner and/or operator only if the current owner gives at least ninety (90)
calendar days’ advance notice to the director and the director approves the
Wastewater Discharge Agreement transfer. The notice to the director must
include a written certification by the new owner and/or operator which:
(1) States that the new owner and/or operator has no immediate intent to
change the facility’s operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing
Wastewater Discharge Agreement.
(b) Provided that the above occurs and that there were no significant changes to
the manufacturing operation or wastewater discharge, the new owner will be
considered an existing user and be covered by the existing limits and
requirements in the previous owner’s agreement. Failure to provide advance
notice of a transfer renders the Wastewater Discharge Agreement voidable as of
the date of facility transfer.
13.36.320 Revocation.
(a) Wastewater Discharge Agreements may be revoked for, but not limited to,
the following reasons:
(1) Failure to notify the city of significant changes to the wastewater prior to
the changed discharge;
(2) Failure to provide prior notification to the city of changed conditions;
(3) Misrepresentation or failure to fully disclose all relevant facts in the
Wastewater Discharge Agreement Application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the city timely access to the facility premises and
records;
(7) Failure to meet discharge limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete the Wastewater Discharge Agreement Application;
(12) Failure to provide advance notice of the transfer of an authorized facility;
(13) If the city has to invoke its emergency provision as cited in AMC
13.36.620;
(14) Violation of any pretreatment standard or requirement, or any terms of
the Wastewater Discharge Agreement or this chapter;
(15) Failure to comply with all requirements of a written accidental spill
prevention/slug loading plan.
(b) Wastewater Discharge Agreements shall be voidable upon cessation of
operations or transfer of business ownership, unless the Discharge Agreement is
transferred in accordance with AMC 13.36.310. 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 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 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 the city may accept reports of average and maximum flows
estimated by verifiable techniques if the city determines that an actual
measurement is not feasible.
(f) Sampling shall be representative of the user’s daily operations and shall be
taken in accordance with the requirements specified herein (see AMC 13.36.480
through 13.36.520).
(g) The city may require reporting by users that are not required to have an
industrial Wastewater Discharge Agreement if information or data is needed to
establish a sewer charge, determine the treatability of the effluent or determine
any other factor which is related to the operation and maintenance of the sanitary
sewer system.
(h) The city may require self-monitoring by the user or perform the periodic
compliance monitoring needed to prepare a periodic compliance report required
under this section. If the city performs such periodic compliance monitoring, it will
charge the user for such monitoring, based upon the costs incurred by the city for
the sampling and analyses. Any such charges shall be added to the normal
sewer charge and shall be payable as part of the utility bills. The city is under no
obligation to perform periodic compliance monitoring for a user.
13.36.380 Compliance schedules for meeting applicable pretreatment
standards.
Where required by the director, SIUs shall develop and submit a compliance
schedule which brings the user into compliance with the requirements of its Wastewater
Discharge Agreement.
(a) The schedule shall contain increments of progress in the form of dates for
the commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the user to meet the
applicable pretreatment standards (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing contract for major
components, commencing construction, completing construction, etc.).
(b) No increment referred to in subsection (1) of this section shall exceed nine
(9) months.
(c) Not later than fourteen (14) calendar days following each date in the
schedule and the final date for compliance, the user shall submit a progress
report to the city including, at a minimum, whether or not it complied with the
increment of progress to be met on such date and, if not, the date on which it
expects to comply with this increment of progress, the reason for delay, and the
steps being taken by the user to return the construction to the schedule
established. In no event shall more than nine months elapse between such
progress reports.
13.36.390 Notification of significant production changes.
Any user operating under a Wastewater Discharge Agreement incorporating
equivalent mass or concentration limits shall notify the city within two (2) business days
after the user has a reasonable basis to know that the production level will significantly
change within the next calendar month. Any user not providing a notice of such
anticipated change will be required to comply with the existing limits contained in its
Wastewater Discharge Agreement.
13.36.400 Hazardous waste notification.
(a) Any user that is discharging fifteen (15) kilograms of hazardous wastes as
defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month or
any facility discharging any amount of acutely hazardous wastes as specified in
40 CFR 261.30(d) and 261.33(e) is required to provide a one-time notification in
writing to the city, EPA Regional Waste Management Division Director, and the
Hazardous Waste Division of the NWRO of the Washington State Department of
Ecology. Any existing user exempt from this notification shall comply with the
requirements contained herein within thirty (30) calendar days of becoming
aware of a discharge of fifteen (15) or more kilograms of hazardous wastes in a
calendar month or the discharge of acutely hazardous wastes to the city sanitary
sewer system.
(b) Such notification shall include:
(1) The name of the hazardous waste as set forth in 40 CFR Part 261;
(2) The EPA hazardous waste number;
(3) The type of discharge (continuous, batch, or other);
(4) If an industrial user discharges more than 100 kilograms of such waste
per calendar month to the sanitary sewer system, the notification shall also
contain the following information to the extent it is known or readily available
to the industrial user:
(A) An identification of the hazardous constituents contained in the
wastes,
(B) An estimation of the mass and concentration of such constituents in
the wastestreams discharged during that calendar month, and
(C) An estimation of the mass of constituents in the wastestreams
expected to be discharged during the following twelve (12) months.
These notification requirements do not apply to pollutants already
reported under the self-monitoring requirements. Whenever the EPA
publishes final rules identifying additional hazardous wastes or new
characteristics of hazardous waste, a user shall notify the city of the
discharge of such a substance within ninety (90) calendar days of the
effective date of such regulations.
(c) In the case of any notification made under this section, an industrial
user shall certify that it has a program in place to reduce the volume and
toxicity of hazardous wastes generated to the degree it has determined to
be economically practical. Discharging hazardous waste to the sewer
system is prohibited as per AMC 13.36.050.
13.36.410 Notice of potential problems, including accidental spills, slug loadings.
Any user shall notify the city immediately of all discharges that could cause
problems to the POTW, including any slug loadings, as defined in AMC 13.36.030. 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);
(b) May submit a statement that no TTOs are used at the facility and/or develop
a solvent management plan in lieu of continuously monitoring for TTO, if
authorized by the director. If allowed to submit a statement or develop a solvent
management plan, the user must routinely submit a certification statement as
part of its self-monitoring report that there has been no dumping of concentrated
toxic organic waste into the wastewater and that it is implementing a solvent
management plan as approved by the city. The director may require the
development and implementation of a solvent management plan in addition to
monitoring for TTO.
13.36.450 Reports from users not required to secure Wastewater Discharge
Agreements.
All users not required to obtain a Wastewater Discharge Agreement shall provide
appropriate reports to the city as the director may require.
13.36.460 Record keeping.
Users subject to the reporting requirements of this chapter shall retain, and make
available for inspection and copying, all records of information obtained pursuant to any
monitoring activities required by this chapter and any additional records of information
obtained pursuant to monitoring activities undertaken by the user independent of such
requirements. Records shall include the date, exact place, method, and time of
sampling and the name of the person(s) taking the samples; the dates analyses were
performed; who performed the analyses; the analytical techniques or methods used;
and the results of such analyses. These records shall remain available for a period of at
least 3 years. This period shall be automatically extended for the duration of any
litigation concerning the user or POTW, or where the user has been specifically notified
of a longer retention period by the director.
13.36.470 Timing.
Written reports will be deemed to have been submitted on the date postmarked.
For reports which are not mailed, postage prepaid, into a mail facility serviced by the
United States Postal Service, the date of receipt of the report shall govern.
13.36.480 Sampling requirements for users.
(a) A minimum of 4 grab samples must be used for pH, cyanide, total phenols,
sulfide, and volatile organics. The director will determine on a case-by-case basis
whether the user will be able to composite the individual grab samples. For all
other pollutants, 24-hour composite samples must be obtained through flow-
proportional composite sampling techniques where feasible. The city may waive
flow-proportional composite sampling for any user that demonstrates that flow-
proportional sampling is not feasible. In such cases, samples may be obtained
through time-proportional composite sampling techniques or through a minimum
of three (3) grab samples where the user demonstrates that this will provide a
representative sample of the effluent being discharged.
(b) Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated or
manufacturing process if no pretreatment exists or as determined by the city
and/or contained in the user’s Wastewater Discharge Agreement. For categorical
users, if other wastewaters are mixed with the regulated wastewater prior to
pretreatment the user shall measure the flows and concentrations necessary to
allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to
evaluate compliance with the applicable categorical pretreatment standards. For
other SIUs, for which the city has adjusted its local limits to factor out dilution
flows, the user shall measure the flows and concentrations necessary to evaluate
compliance with the adjusted pretreatment standard(s).
(c) All sample results shall indicate the time, date and place of sampling, and
methods of analysis, and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant discharges from the
user. If a user sampled and analyzed more frequently than what was required in
its Wastewater Discharge Agreement, using methodologies in 40 CFR Part 136,
it must submit all results of sampling and analysis of the discharge as part of its
self monitoring report.
(d) Preserve samples in accordance with the specifications of Standard Methods
for the Examination of Water and Wastewater, latest edition.
(e) Chain of custody documentation may be required by the director for any
samples taken pursuant to this chapter.
13.36.490 Analytical requirements.
(a) All pollutant analyses, including sampling techniques, shall be performed in
accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise
specified in an applicable categorical pretreatment standard. If 40 CFR Part 136
does not contain sampling or analytical techniques for the pollutant in question,
sampling and analyses must be performed in accordance with procedures
approved by the EPA.
(b) All analyses performed to establish compliance and used in compliance
reporting shall be performed by a laboratory accredited by the Washington State
Department of Ecology, Quality Assurance Division in accordance with Chapter
173-50 WAC. Laboratories must be accredited for the analyses for which they
are performing.
13.36.500 City monitoring of user’s wastewater.
The city will follow the same procedures as outlined in AMC 13.36.480 and 13.36.490.
13.36.510 Inspection and sampling.
Continued connection and use of the city’s sewer system shall be contingent on
the right of the city to inspect and sample all discharges into the system. The city shall
have the right to enter the facilities of any user for the purpose of the enforcement of
this chapter and to determine that any Wastewater Discharge Agreement or order
issued hereunder is being met and whether the user is complying with all requirements
thereof. Users shall allow the director ready access to all parts of the premises for the
purposes of inspection, sampling, records examination and copying, and the
performance of any additional duties.
(a) Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user shall make
necessary arrangements with its security guards so that, upon presentation of
suitable identification, the director will be permitted to enter without delay for the
purposes of performing specific responsibilities.
(b) The director shall have the right to set up on the user’s property or require
installation of such devices as are necessary to conduct sampling and/or
metering of the user’s operations.
(c) Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the user at
the written or verbal request of the director and shall not be replaced. The costs
of clearing such access shall be borne by the user.
(d) Unreasonable delays in allowing the director access to the user’s premises
shall be a violation of this chapter.
13.36.520 Monitoring facilities.
(a) Each significant industrial user (SIU) shall provide and operate at its own
expense a monitoring facility to allow inspection, sampling, and flow
measurements of each sewer discharge to the city. Each monitoring facility shall
be situated on the user’s premises, except where such a location would be
impractical or cause undue hardship on the user, the city may concur with the
facility being constructed in the public street or sidewalk area; provided, that the
facility is located so that it will not be obstructed by landscaping or parked
vehicles. The director, whenever applicable, may require the construction and
maintenance of sampling facilities at other locations (for example, at the end of a
manufacturing line, wastewater treatment system).
(b) A monitoring facility shall consist of a manhole or other structure in which a
prefabricated palmer-bowlus or parshall flume shall be installed. The flume shall
be of standard dimension and shall be manufactured of corrosion resistant
materials.
(c) The flume shall be installed such that free-flowing conditions occur
downstream of the throat of the flume structure. A permanent, digital, recording,
totalizing, open channel flowmeter shall be permanently installed in a
weatherproof enclosure. The flowmeter installation shall include an appropriate
automatic system to measure the water level through the flume at the appropriate
control point so that flow rate can be automatically calculated at selected
intervals. Measured liquid level readings shall be converted into corresponding
flow rates using internal conversion algorithms.
(d) The flowmeter shall be capable of initiating the operation of an attached
sampler. The flowmeter signal shall be a five to 15 volt DC pulse or isolated
contact closure of at least 25 milliseconds duration. Sample interval frequency
shall be user selected.
(e) The monitoring facility shall be approved by the director in writing prior to
construction. Existing monitoring facilities may be approved in lieu of new
construction if approval of the installation, in writing, is provided by the director.
Monitoring facilities shall include a secure area for placement of a portable
sampler owned by the city.
(f) There shall be ample room in or near such sampling facility to allow accurate
sampling, flow measurement and preparation of samples for analysis. The
facility, sampling, and measuring equipment shall be maintained at all times in a
safe and proper operating condition at the expense of the user. All monitoring
facilities shall be constructed and maintained in accordance with all applicable
local construction standards and specifications.
(g) The director may require the user to install monitoring equipment as
necessary. All devices used to measure wastewater flow and quality shall be
calibrated to ensure their accuracy. Such monitoring equipment and activities
shall be provided at the expense of the user.
(h) The requirements of this section shall apply to each significant industrial
user. A monitoring facility shall also be installed by any nondomestic user at the
direction of the director. Compliance with this section shall be in accordance with
the requirements of AMC 13.36.140.
13.36.530 Search warrants.
If the director has been refused access to a building, structure or property, or any
part thereof, and is able to demonstrate probable cause to believe that there may be a
violation of this chapter, or that there is a need to inspect as part of a routine inspection
program of the city designed to verify compliance with this chapter or any Wastewater
Discharge Agreement or order issued hereunder, or to protect the overall public health,
safety and welfare of the community, then the director shall seek issuance of a search
and/or seizure warrant from the municipal court, the district court, or the Snohomish
County Superior Court. Such warrant shall be served at reasonable hours by the
director and may be accomplished in the company of a uniformed police officer of the
city.
13.36.540 Vandalism.
No person shall willfully or negligently damage, destroy, uncover, deface, tamper
with, or prevent access to any structure, appurtenance or equipment, or other part of the
POTW. Any person found in violation of this requirement shall be subject to the
sanctions set out in this chapter.
13.36.550 Trade secrets.
(a) Information and data on a user obtained from reports, surveys, Wastewater
Discharge Agreement Applications, and monitoring programs, and from city
inspection and sampling activities shall be available to the public without
restriction, unless the user specifically requests and is able to demonstrate to the
satisfaction of the City’s Public Information Officer, that the release of such
information would divulge information, processes or methods of production
entitled to protection as trade secrets under applicable state law.
(b) When requested and demonstrated by the user furnishing a report that such
information should be held confidential, the city shall make reasonable efforts to
assist the user in protecting the portions of a report which might disclose trade
secrets or secret processes from inspection by the public, but the same shall be
made available immediately upon request to governmental agencies for uses
related to the NPDES program or pretreatment program, and in enforcement
proceedings involving the person furnishing the report.
(c) Wastewater constituents and characteristics and other “effluent data” as
defined by 40 CFR 2.302 will not be recognized as confidential information and
will be available to the public without restriction.
13.36.560 Notice of Violation, (NOV).
(a) When the director finds that a user has violated or continues to violate any
provision of this chapter, a Wastewater Discharge Agreement or order issued
hereunder, or any other pretreatment standard or requirement, the director may
serve upon that user a written Notice of Violation. The director may select any
means of service which is reasonable under the circumstances.
(b) Within seven (7) calendar days of the receipt of this notice, an explanation of
the violation and a plan for the satisfactory correction and prevention thereof, to
include specific required actions, shall be submitted by the user to the director.
Submission of this plan in no way relieves the user of liability for any violations
occurring before or after receipt of the Notice of Violation. Nothing in this section
shall limit the authority of the city to take any action, including emergency actions
or any other enforcement action, without first issuing a Notice of Violation.
13.36.570 Consent orders.
The director may enter into consent orders, assurances of voluntary compliance,
or other similar documents establishing an agreement with any user responsible for
noncompliance. Such documents will include specific action to be taken by the user to
correct the noncompliance within a time period specified by the document. Such
documents shall have the same force and effect as the administrative orders issued
pursuant to AMC 13.36.590 and 13.36.600 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 come into
compliance within the time specified in the order, sewer service may be discontinued.
Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking
any other action against the user.
13.36.600 Cease and desist orders.
(a) When the director finds that a user has violated or continues to violate any
provision of this chapter, a Wastewater Discharge Agreement or order issued
hereunder, or any other pretreatment standard or requirement, or that the user’s
past violations are likely to recur, the director may issue an order to the user
directing it to cease and desist all such violations and directing the user to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
(b) Issuance of a cease and desist order shall not be a bar against, or a
prerequisite for, taking any other action against the user.
13.36.610 Administrative fines.
(a) When the director finds that a user has violated or continues to violate any
provision of this chapter, a Wastewater Discharge Agreement or order issued
hereunder, or any other pretreatment standard or requirement, the director, upon
approval from the City Administrator, may fine such user in an amount not less
than $250.00 and not to exceed $10,000.00. Such fines shall be assessed on a
per violation, per day basis. In the case of monthly or other long-term average
discharge limits, fines shall be assessed for each day during the period of
violation. Said administrative fines shall constitute a sewer service surcharge,
and upon assessment, shall be subject to collection in the same manner as all
other sewer utility rates, charges and penalties.
(b) Unless other arrangements have been made with, and authorized by the
director, unpaid charges, fines, and penalties shall accrue thereafter at a rate of
one percent per month. After ninety (90) calendar days, if charges, fines, and
penalties have not been paid, the city may revoke the user’s Wastewater
Discharge Agreement.
(c) Users desiring to appeal and dispute such fines must file a written request for
the director and City Administrator to reconsider the fine along with full payment
of the fine amount within 10 business days of being notified of the fine. Where a
request has merit, the director shall convene a hearing, or meeting, on the matter
within 7 business days of receiving the request from the user. In the event the
user’s appeal is successful, any payments made on said fines shall be returned
to the user. Affirmance or modification of an administrative fine by the director
shall relate back to the original date of assessment. The city shall recover the
costs of preparing administrative enforcement actions, such as notices and
orders, including the cost of additional inspections, sampling and analysis, and
may add them to the fine.
(d) Issuance of an administrative fine shall not be a bar against, or a prerequisite
for, taking any other action against the user.
(e) Users seeking judicial review of administrative fines must do so by filing a
petition for review in the Snohomish County Superior Court within thirty (30)
calendar days of the decision of the director.
13.36.620 Emergency suspensions.
(a) The director may immediately suspend a user’s discharge (after informal
notice to the user) whenever such suspension is necessary to stop an actual or
threatened discharge which reasonably appears to present or cause an imminent
or substantial endangerment to the health or welfare of persons.
(b) The director may also immediately suspend a user’s discharge (after informal
notice and opportunity to respond) that threatens to interfere with the operation of
the POTW, or which presents or may present an endangerment to the
environment.
(1) Any user notified of a suspension of its discharge shall immediately stop
or eliminate its contribution. In the event of a user’s failure to immediately
comply voluntarily with the suspension order, the director shall take such
steps as deemed necessary, including immediate severance of the sewer
connection, to prevent or minimize damage to the POTW, its receiving
stream, or endangerment to any individuals. The director shall allow the user
to recommence its discharge when the user has demonstrated to the
satisfaction of the city that the period of endangerment has passed, unless
the termination proceedings in AMC 13.36.630 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.
13.36.630 Termination of discharge (non-emergency).
(a) In addition herein, any user that violates the following conditions is subject to
discharge termination:
(1) Violation of Wastewater Discharge Agreement conditions;
(2) Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3) Failure to report significant changes in operations or wastewater volume,
constituents and characteristics prior to discharge;
(4) Refusal of reasonable access to the user’s premises for the purpose of
inspection, monitoring or sampling; or
(5) Violation of the pretreatment standards described in this chapter.
(b) Such user will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under AMC 13.36.670 why the proposed
action should not be taken. Exercise of this option by the city shall not be a bar
to, or a prerequisite for, taking any other action against the user.
13.36.640 Appeal procedures.
(a) Appeals.
(1) Any user seeking to dispute a notice of violation, order, fine, or other
action of the director may file an appeal.
(2) The appeal must be received by the director, in writing, within ten (10)
calendar days of the receipt of the disputed action. If the notice of appeal is
not received by the director within the ten (10) calendar day period, the right
to an appeal is waived. The notice of appeal shall state with particularity the
basis upon which the appellant is disputing the action taken.
(3) Upon receipt of a timely appeal, the director shall set a date and time for
an appeal hearing, but in no case shall the hearing be set more than thirty
(30) calendar days from the receipt of the timely notice of appeal. The
appellant shall be notified in writing of the date, time, and place for the
appeal hearing. The City Administrator or their designee shall serve as the
hearing examiner.
(b) Appeal Hearing.
(1) The hearing examiner may admit and give probative effect to evidence
which possesses probative value commonly accepted by reasonably prudent
men in the conduct of their affairs. The hearing examiner shall give effect to
the rules of privilege recognized by law. The hearing examiner may exclude
incompetent, irrelevant, immaterial and unduly repetitious evidence. Factual
issues shall be resolved by a preponderance of evidence.
(2) Documentary evidence may be received in the form of copies or excerpts
or by incorporation by reference.
(3) Every party shall have the right to cross examine witnesses who testify
and shall have the right to submit rebuttal evidence; provided that the hearing
examiner may control the manner and extent of the cross examinations and
rebuttal.
(4) The hearing examiner may take notice of judicially cognizable facts.
(c) Appeal Conclusion. At the conclusion of the hearing, the hearing examiner
shall determine if the disputed action was proper, and shall approve, modify, or
rescind the disputed action. The final determination of the hearing examiner shall
be in writing, and all parties shall be provided a copy of the final determination.
(d) Judicial Review of Appeal.
(1) Any party, including the city, the Washington State Department of
Ecology, the United States Environmental Protection Agency, or the
user/appellant, is entitled to review of the final determination of the hearing
examiner in the Snohomish County Superior Court; provided, that any
petition for review shall be filed no later than thirty (30) calendar days after
date of the final determination.
(2) Copies of the petition for review shall be served as in all civil actions.
(3) The filing of the petition shall not stay enforcement of the final
determination except by order of the superior court and on posting of a bond
to be determined by the court naming the city as beneficiary.
(4) The review shall be conducted by the court without a jury. The record
shall be satisfied by a narrative report certified by the hearing examiner and
no verbatim record of proceedings before the hearing examiner shall be
required to be presented to the superior court.
(5) The court may affirm the final determination or remand the matter for
further proceedings before the hearing examiner; or the court may reverse
the final determination if the substantial rights of the petitioners may have
been prejudiced because the final determination was:
(A) In violation of constitutional provisions; or
(B) In excess of the authority or jurisdiction of the hearing examiner.
13.36.650 Injunctive relief.
(a) When the director finds that a user has violated or continues to violate any
provision of this chapter, a Wastewater Discharge Agreement, or order issued
hereunder, or any other pretreatment standard or requirement, the director may
petition the Snohomish County Superior Court through the city’s attorney for the
issuance of a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the Wastewater Discharge Agreement,
order, or other requirement imposed by this chapter on activities of the user.
(b) The city may also seek such other action as is appropriate for legal and/or
equitable relief, including a requirement for the user to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a
prerequisite for, taking any other action against a user. Injunctive relief shall be
nonexclusive to other remedies available to the city.
13.36.660 Civil penalties.
(a) A user which has violated or continues to violate any provision of this
chapter, a Wastewater Discharge Agreement, or order issued hereunder, or any
other pretreatment standard or requirement shall be liable to the city for a
maximum civil penalty of $10,000.00 per violation, per day. In the case of a
monthly or other long-term average discharge limit, penalties shall accrue for
each day during the period of the violation.
(b) The city may recover reasonable attorneys’ fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the city.
(c) In determining the amount of civil liability, the court shall take into account all
relevant circumstances, including, but not limited to, the extent of harm caused
by the violation, the magnitude and duration, any economic benefit gained
through the user’s violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for
taking any other action against a user.
13.36.670 Criminal prosecution.
(a) A user who has violated any provision of this chapter, a Wastewater
Discharge Agreement, or order issued hereunder, or any other pretreatment
standard or requirement shall, upon conviction, be guilty of a misdemeanor,
punishable by a fine of $1,000 .
(b) A user which has introduced any substance into the POTW which causes
personal injury or property damage shall, upon conviction, be guilty of a
misdemeanor and be subject to a penalty of $1,000. This penalty shall be in
addition to any other cause of action for personal injury or property damage
available under state law.
(c) A user who knowingly made any false statements, representations, or
certifications in any application, record, report, plan, or other documentation filed,
or required to be maintained, pursuant to this chapter, Wastewater Discharge
Agreement, or order issued hereunder, or who falsified, tampered with, or
knowingly rendered inaccurate any monitoring device or method required under
this chapter shall, upon conviction, be guilty of a misdemeanor, and punished by
a fine of $1,000.
(d) In addition, the user shall be subject to:
(1) The provisions of 18 U.S.C. Section 1001 relating to fraud and false
statements;
(2) The provisions of Section 309(c)(4) of the Clean Water Act, as amended,
governing false statements, representation, or certification; and
(3) The provisions of Section 309(c)(6) of the Clean Water Act, regarding
responsible corporate officers.
13.36.680 Remedies nonexclusive.
The provisions herein are not exclusive remedies. The city reserves the right to
take any, all, or any combination of these actions against a noncompliant user.
Enforcement of pretreatment violations will generally be in accordance with the city’s
enforcement response plan. However, the city reserves the right to take other action
against any user when the circumstances warrant. Further, the city is empowered to
take more than one enforcement action against any non-compliant user. These actions
may be taken concurrently.
13.36.690 Assurance Device.
The director may decline to issue or reissue a Wastewater Discharge Agreement
to any user which has failed to comply with any provision of this chapter, a previous
Wastewater Discharge Agreement or order issued hereunder, or any other pretreatment
standard or requirement unless such user first files a satisfactory bond, (see AMC
12.40.200(c)), payable to the city, in a sum not to exceed a value determined by the
director to be necessary to achieve consistent compliance, or submits proof that it has
obtained financial assurances sufficient to meet pretreatment requirements and/or
restore or repair damage to the POTW caused by its discharge.
13.36.700 Water supply severance.
Whenever a user has violated or continues to violate any provision of this
chapter, a Wastewater Discharge Agreement or order issued hereunder, or any other
pretreatment standard or requirement, water service to the user may be severed.
Service will only recommence, at the user’s expense, after it has satisfactorily
demonstrated its ability to comply.
13.36.710 Public nuisances.
A violation of any provision of this chapter, Wastewater Discharge Agreement, or
order issued hereunder, or any other pretreatment standard or requirement, is hereby
declared a public nuisance and shall be corrected or abated as directed by the director.
13.36.720 Contractor listing.
Users which have not achieved compliance with applicable pretreatment
standards and requirements are not eligible to receive a contractual award for the sale
of goods or services to the city. Existing contracts for the sale of goods or services to
the city held by a user found to be in significant noncompliance with pretreatment
standards or requirements may be terminated at the discretion of the city.
13.36.730 Publication of violations and/or enforcement actions.
The director may publish violations and/or enforcement actions at any time
where monetary fines may be inappropriate in gaining compliance, or in addition to
monetary fines. Violations and/or enforcement actions may also be published when
the director feels that public notice should be made or at other appropriate times. The
cost of such publications will be recovered from the user.
13.36.740 Upset.
(a) For the purposes of this section, “upset” means an exceptional incident in
which there is unintentional and temporary noncompliance with applicable
pretreatment standards because of factors beyond the reasonable control of the
user. An upset does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper operation.
(b) An upset shall constitute an affirmative defense to an action brought for
noncompliance with applicable pretreatment standards if the requirements of
subsection (c) of this section are met.
(c) A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or other
relevant evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workman-
like manner and in compliance with applicable operation and maintenance
procedures; and
(3) The user has submitted the following information to the POTW and
treatment plant operator within 24 hours of becoming aware of the upset (if
this information is provided orally, a written submission must be provided
within five (5) calendar days):
(A) A description of the indirect discharge and cause of noncompliance;
(B) The period of noncompliance, including exact dates and times or, if
not corrected, the anticipated time the noncompliance is expected to
continue; and
(C) Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(d) In any enforcement proceeding, the user seeking to establish the occurrence
of an upset shall have the burden of proof.
(e) Users will have the opportunity for a judicial determination on any claim of
upset only in an enforcement action brought for noncompliance with applicable
pretreatment standards.
(f) Users shall control production of all discharges to the extent necessary to
maintain compliance with applicable pretreatment standards upon reduction,
loss, or failure of its treatment facility until the facility is restored or an alternative
method of treatment is provided. This requirement applies in the situation where,
among other things, the primary source of power of the treatment facility is
reduced, lost, or fails.
13.36.750 Prohibited discharge standards.
A user shall have an affirmative defense to an enforcement action brought
against it for noncompliance with the prohibitions in AMC 13.36.050 (a) 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.
13.36.760 Bypass.
(a) For the purposes of this section:
(1) “Bypass” means the intentional diversion of wastestreams from any
portion of a user’s treatment facility.
(2) “Severe property damage” means substantial physical damage to
property, damage to the treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in
production.
(b) A user may allow any bypass to occur which does not cause applicable
pretreatment standards or requirements to be violated, but only if it also is for
essential maintenance to assure efficient operation. These bypasses are not
subject to the provision of subsections (3) and (4) of this section.
(c) If a user knows in advance of the need for a bypass, it shall submit prior
notice to the POTW at least ten (10) calendar days before the date of the bypass,
if possible.
(d) A user shall submit oral notice to the city of an unanticipated bypass that
exceeds applicable pretreatment standards within twenty-four (24) hours from the
time it becomes aware of the bypass. A written submission shall also be provided
within five (5) calendar days of the time the user becomes aware of the bypass.
The written submission shall contain a description of the bypass and its cause;
the duration of the bypass, including exact dates and times, and, if the bypass
has not been corrected, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.
The POTW may waive the written report on a case-by-case basis if the oral
report has been received within twenty-four (24) hours.
(e) Bypass is prohibited, and the POTW may take an enforcement action against
a user for a bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
(2) There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or maintenance
during normal periods of equipment downtime. This condition is not satisfied
if adequate back-up equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
(3) The user submitted notices as required under subsection (c) of this
section.
(f) The POTW may approve an anticipated bypass, after considering its adverse
effects, if the POTW determines that it will meet the three conditions listed in
subsection (e) of this section.
13.36.770 Pretreatment charges and fees.
(a) The director may develop, for City Council adoption, reasonable fees for
reimbursement of costs of setting up and operating the city’s pretreatment
program.
(b) These fees relate solely to the matters covered by this chapter and are
separate from all other rates or charges for sewer service; provided, that the city
shall collect said charges in the same manner as other sewer utility rates are
collected, including but not limited to the sewer lien procedures provided under
Chapter 35.67 RCW.
(c) Fees may include:
(1) Fees for Wastewater Discharge Agreements, including the cost of
processing the authorization applications, public noticing, issuing and
administering the authorization, and reviewing monitoring reports submitted
by users;
(2) Fees for modifying or transferring authorizations;
(3) Fees for monitoring, inspection, surveillance and enforcement
procedures including the cost of collection and analyzing a user’s discharge;
(4) Fees for reviewing and responding to accidental discharge procedures
and construction;
(5) Fees for preparing and executing enforcement action;
(6) Fees for filing appeals;
(7) Fees for high strength waste and industrial process flow; and
(8) Other fees as the city may deem necessary to carry out the requirements
contained herein.
(d) All fees or charges will be collected by direct billing. Unless the director has
been made aware of extenuating circumstances that would prevent prompt
payment, all fees are payable within thirty (30) calendar days of the billing. Fees
past due will be considered a violation of this chapter. Users not paying fees
within sixty (60) calendar days of the billing period will be subject to termination
of service.
13.36.780 Non-liability.
(a) It is the express purpose of the city of Arlington to establish an industrial
pretreatment program in order to provide for and promote the health, safety and
welfare of the general public. It is not the intent of this chapter to create or
otherwise establish or designate any particular class or group of persons who will
or should be especially protected or benefited by the terms or requirements of
this chapter.
(b) It is the specific intent of this chapter to place the obligation of complying with
these regulations upon the applicant or discharger and no provision nor any term
used in this chapter is intended to impose any duty whatsoever upon the city or
any of its officers, employees or agents, except as provided under the Act or
other related statutes of the United States or the state of Washington.
(c) Nothing contained in this chapter is intended to be nor shall be construed to
create or form the basis for any tort liability on the part of the city or its officer,
employees or agents for any injury or damage resulting from the failure of an
applicant or discharger to comply with the provisions of this chapter, or by reason
or in consequence of any inspection, notice, order, certificate, permission or
approval authorized or issued or done in connection with the implementation or
enforcement of this chapter, or inaction on the part of the city related in any
manner to the implementation or the enforcement of this chapter by its officer,
employees or agent.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT D
COUNCIL MEETING DATE:
February 28, 2011
SUBJECT:
2011 Comprehensive Plan Amendments
Docket (PLN20110011)
DEPARTMENT OF ORIGIN:
Community Development – David Kuhl, Todd Hall
ATTACHMENTS:
1. City Council Workshop Memo.
2. Designation Criteria for Manufacturing/Industrial Centers.
3. Regional Growth & Manufacturing/Industrial Centers Map.
4. Star Comprehensive Plan Amendment and Concurrent Rezone – Proposed Land Use and
Zoning Maps.
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
N/A
DESCRIPTION:
Planning staff has compiled a docket of city-initiated and private proposals that were submitted
for Comprehensive Plan Amendments. Each year, the City and/or private parties have the
opportunity to submit applications to amend the City’s Comprehensive Plan. A list, or
“docket”, is created and the Planning Staff reviews the docket to ensure that each proposal
meets the criteria listed in Chapter 20.96 of the Land Use Code. Planning Commission and City
Council have the opportunity to review the docket and determine whether each proposal shall
be on the final docket and then ultimately approved. Council adopts the docket and each
proposal will be processed over the course of the year.
HISTORY: Planning Commission will hold a public hearing on March 1, 2011. They will either
make a motion to recommend to the City Council adoption of the docket, as presented, at the
March 7, 2011 meeting; or remove any proposals from the docket for consideration.
ALTERNATIVES: 1. Remove any project from the list that Council feels is not in the public’s
interest, per AMC 20.96.070.
RECOMMENDED MOTION:
None at this time. The final docket will be considered for adoption by City Council at the March
7, 2011 meeting.
City Council Workshop Memo
Date: February 28, 2011
To: City Council
From: David Kuhl, AICP, Community Development Director
Todd Hall, Associate Planner
Re: 2011 Comprehensive Plan Amendments Preliminary Docket (PLN20110011)
The following is the 2011 Comprehensive Plan Amendments Preliminary Docket, which is a list of
proposals that been submitted by both the City and private parties for consideration by the
Planning Commission and City Council.
General Plan Amendments (not site specific)
Shoreline Master Program Comprehensive Plan Amendment (PLN20110002)
The City is required to update its current shoreline master program in order to comply with
current State regulations. This newly updated document will include goals and policies that
address best available science regarding development, conservation and protection of the
City’s shoreline areas. It will become a part of the City’s Comprehensive Plan.
Critical Area Ordinance Update – Chapter 20.88 (PLN20110005)
The City is required to update Chapter 20.88 of the Land Use Code to include language
which addresses best available science, including any changes to text in the City’s
Comprehensive Plan. The new updates will support the adoption of the Shoreline Master
Program Update (Item 2).
Airport Master Plan Update (PLN20110006)
The Airport Master Plan Update addresses the future development of the airport,
identifying both short term and long term needs including safety, noise, capital
improvements, land use compatibility, financial and economic conditions, public interest
and investment and community recognition and awareness. This Plan will be adopted by
reference in the City’s Comprehensive Plan.
Community Development
Planning Division
February 28, 2011 City Council Workshop
Arlington School District Capital Facilities Plan (PLN20110008)
Biennial update of the school district’s capital facilities plan. This Plan will be adopted by
reference in the City’s Comprehensive Plan.
Lakewood School District Capital Facilities Plan (PLN20110009)
Biennial update of the school district’s capital facilities plan. This Plan will be adopted by
reference in the City’s Comprehensive Plan.
Manufacturing/Industrial Center (MIC) (PLN20110007)
Designating industrial areas (GI & LI) within the City limits as a “manufacturing/industrial
center” (MIC) and collaborating with the City of Marysville in attracting funding from Puget
Sound Regional Council (PSRC) for transportation funding support to the MIC’s that both
cities have established.
Site Specific Amendments
Star Comprehensive Plan Amendment (PLN20110010) and Concurrent Rezone
(PLN20110012)
Amendment by private parties to change land use designation of the eastern portion of
Parcel #31052500200100 (9010 172nd St. NE) from Residential High Density (RHD) to
General Commercial (GC), and changing the western half of Parcel # 31052500201800
(17020 91st Ave. NE) from GC to RHD. The applicant will also request a rezone of each
property with the same designations as listed.
Next Steps: The docket will be forwarded to the Planning Commission for review and public
comment at a hearing scheduled for March 1, 2011. The City Council will review the final docket
and consider adoption at their next meeting scheduled for March 7, 2011. Placement on the final
docket does not mean the application will be approved. It only means there will be further analysis
by city staff and will be considered for adoption by the City Council. Only items placed on the final
docket may be considered for adoption.
Attachments:
Designation Criteria for Manufacturing/Industrial Centers
Note: PSRC is in the process of updating its procedures for the designation of new regional
centers, which will reflect the provisions in VISION 2040. They will be posted on PSRC’s
website in March after review by the Regional Staff Committee. www.psrc.org
Regional Growth & Manufacturing /Industrial Centers Map
Star Comprehensive Plan Amendment and Concurrent Rezone – Proposed Land Use and
Zoning Maps
Puget Sound Regional Council 1 6/26/2003
Regional Growth and
Manufacturing Industrial Centers Criteria
Designation Criteria for
Regional Growth and Manufacturing Industrial Centers
Adopted by the Puget Sound Regional Council Executive Board
June 26, 2003
THE ISSUE
In October 2002, the Growth Management Policy Board approved the Central Puget Sound
Regional Growth Centers - 2002 monitoring report. In its action, the Board recommended
addressing a range of issues related to regional growth and manufacturing industrial centers.
Among the recommendations was direction for staff to prepare new designation and evaluation
criteria for regional growth and manufacturing industrial centers for Board consideration.
DISCUSSION
The Regional Council’s present adopted policies and guidance, contained in the 1995 VISION
2020 Update, do not clearly define the characteristics and roles of regional growth and
manufacturing industrial centers. The region lacks a consistent terminology for its different types
of centers, as well as a consistent method of measuring and evaluating activity levels within them.
The region lacks any detailed guidance at all for the desirable characteristics of
manufacturing/industrial centers.
The 1995 VISION 2020 Update conveyed the expectation that the identification of centers would
occur through countywide planning processes, in consultation with affected interests such as
transit and regional agencies in a manner compatible with VISION 2020. It did not describe,
however, how these designations could be coordinated in a manner that ensured that they were
consistent with one another and with the objectives of the regional plan.
Upon review of the centers designation processes that have been developed by countywide
organizations, and the resulting centers, elected officials and community representatives have
recognized that the present methods of identifying and designating regional growth and
manufacturing/industrial centers are inconsistent among the four counties. Each county has a
different process, which has resulted in a wide range of different types of centers. It is unclear
how some of the current regional growth centers were identified and formally designated. Some
manufacturing/industrial centers appear to have a preliminary designation that must be
formalized. The lack of clarity was apparent when the Regional Council began to apply its
decision to allocate federal transportation funds to regional growth centers and
manufacturing/industrial centers.
Puget Sound Regional Council 2 6/26/2003
Regional Growth and
Manufacturing Industrial Centers Criteria
The 1995 VISION 2020 Update describes two types of regional centers: “Urban Centers” and
“Manufacturing Industrial Centers.” “Urban Centers” are further broken down into a hierarchy of
regional urban centers, consisting of “Regional Centers,” “Metropolitan Centers,” and “Urban
Centers.” Since the adoption of the plan, the Regional Council has made no practical distinction
between different types of regional urban centers, and has treated them all as one type. The
following criteria continue that approach, and defer discussion of the composition and purpose of
a hierarchy of regional centers to the update of VISION 2020. In these criteria, “Urban Centers”
will be referred to as “regional growth centers” to distinguish them from locally or sub-regionally
designated urban centers.
NEW CRITERIA
The Growth Management Policy Board has recommended that the Executive Board adopt a clear
position that in the future the Policy and Executive Boards should have roles in reviewing and
approving the final designation of regional growth and manufacturing industrial centers. The
following evaluation and designation criteria will only apply to proposed new regional growth
and manufacturing industrial centers. Although there has been discussion that the reevaluation of
existing centers could occur as part of a comprehensive VISION 2020 update in a process that
will be determined by the Growth Management Policy Board, existing regional growth and
manufacturing industrial centers are not subject to these criteria at this time.
It is the expectation that candidate centers will on the whole conform to the designation criteria.
If not, jurisdictions should explain why a proposed center does not meet a particular criterion.
The data and background information that are identified and requested in the criteria are designed
to provide the Regional Council Growth Management Policy and Executive Boards with adequate
information with which to make an informed judgment about whether a regional designation is
appropriate. The final regional designation will be made at the discretion of the Executive Board
after considering the recommendation of the Growth Management Policy Board.
The attached draft criteria clarify the intent of centers policies and guidance adopted in the 1995
VISION 2020 Update by specifying thresholds, standards, and regionally consistent designation
processes for regional growth and manufacturing industrial centers.
Puget Sound Regional Council 6 6/26/2003
Regional Growth and
Manufacturing Industrial Centers Criteria
Designation Criteria for
Manufacturing/Industrial Centers
PART 1. Eligibility and Designation.
a. To be eligible for consideration as a designated “manufacturing industrial
center,” (MIC or “center”) the jurisdiction must:
i. Demonstrate that the proposed center is located within an urban growth
area.
ii. Establish it as a “candidate” by having it recognized as appropriate for a
regional manufacturing industrial center designation in its county’s
countywide planning policies. Although preferred, it is not required that
proposed manufacturing industrial centers be located in incorporated
areas.
iii. Identify the center as a candidate for a regional manufacturing industrial
center designation in the local jurisdiction’s comprehensive plan.
iv. Adopt an ordinance or other action requesting the Regional Council to
designate it as a regional manufacturing industrial center and authorizing
the staff of the jurisdiction to submit an application on behalf of the
Council and city administration.
b. Designation of Manufacturing/Industrial growth centers will be made by the
Executive Board based on the recommendation of the Growth Management
Policy Board, and a report prepared by Regional Council staff.
PART 2. Purpose and Objective.
The Manufacturing/Industrial centers designation criteria and process are designed to:
a. Document that the candidate center has the desire and development potential to
play a regional role in attracting employment growth.
b. Limit the number and geographic distribution of manufacturing industrial
centers. The region needs to maintain a reasonable number and distribution in
order for manufacturing industrial centers to:
i. Serve as an organizing framework for the Freight and Goods component
of the region’s Metropolitan Transportation System.
ii. Serve as the primary concentrations of industrial and manufacturing
related jobs that are important to the region.
Puget Sound Regional Council 7 6/26/2003
Regional Growth and
Manufacturing Industrial Centers Criteria
iii. Have the potential to generate sufficient market demand to make centers
successful.
c. Provide regional consistency regarding the type, location, distribution, and
development potential of new manufacturing industrial centers.
PART 3. Background Information.
The jurisdiction must provide the following background information to the Growth
Management Policy Board:
a. Documentation of eligibility as described in Part 1.
b. The jurisdiction’s vision for the proposed center.
c. A brief history of the development of the center.
d. Existing conditions and characteristics – Primary functions of the center, current
land use, transportation system, population, employment, recent development
activity. Description of any environmental cleanup, remediation projects, or
other issues that might affect the potential for development or redevelopment
e. Current status of planning efforts and implementation tools in the center.
f. A general description of adjacent land uses within ½ mile of the proposed center
boundaries, and their relationship to the center.
g. The relationship of the proposed center to the regional transportation network,
and in particular to the Freight and Goods component of the Metropolitan
Transportation System.
h. The likely travel origins of manufacturing industrial center employees.
PART 4. Designation Criteria.
Candidate manufacturing industrial centers must demonstrate and document the
following:
a. Compatibility with VISION 2020. Jurisdictions must provide a description of how
the candidate manufacturing industrial center reinforces the centers concept within
VISION 2020, including the role of the center in the region’s economy.
Puget Sound Regional Council 8 6/26/2003
Regional Growth and
Manufacturing Industrial Centers Criteria
b. Required Activity Levels - Employment Thresholds. Jurisdictions must
demonstrate that proposed manufacturing industrial centers:
i. Have a minimum existing employment level of 10,000 jobs.
iii. Have a minimum employment of target of at least 20,000 jobs.
c. Commitment to Preservation of an Urban Industrial Land Base. As
described in VISION 2020, manufacturing industrial centers are major, existing
regional employment areas of intensive, concentrated urban manufacturing and
industrial land uses that cannot be easily mixed at higher densities with other
uses. Jurisdictions should demonstrate their commitment to preserving land
within the urban area for manufacturing, industry and related uses.
To address this issue, the jurisdiction nominating the center must submit
materials that demonstrate and describe:
i. Location. A proposed Manufacturing/Industrial center is within an
Urban Growth Area.
ii. Planned Land Use and Zoning. At least 80% of property within
proposed new manufacturing industrial center boundaries must have
planned future land use and current zoning designations for industrial
and manufacturing uses.
iii. Protection from Incompatible Land Uses. The jurisdiction’s plan for
the center and regulatory authority discourage land uses that are
incompatible with manufacturing, industrial uses, such as large retail
uses, high concentrations of housing, or non-related office uses. The
sizes of office and retail uses should be limited unless as an accessory
use.
iv. Aggregation. Regulations and plans to preserve and encourage the
aggregation of vacant parcels and parcels with non-industrial uses within
the center to create lots of sufficient size for expanded or new
manufacturing and industrial uses. Large parcels and blocks are often
desirable for manufacturing and industrial activity.
v. Size and Shape – Manufacturing industrial centers will assume a variety
of sizes and shapes, based upon their location, the type of manufacturing
or industrial activity they contain, the extent of land parcels zoned for
manufacturing and industrial uses, and the presence of supporting
infrastructure. Although it is not critical that MICs be physically
compact, jurisdictions should explain why particular boundaries or
configurations for a nominated center were selected.
Puget Sound Regional Council 9 6/26/2003
Regional Growth and
Manufacturing Industrial Centers Criteria
vi. Street Network, Sidewalk Network, Trail/Bicycle Network – All
proposed centers must have a plan to identify and address deficiencies in
street, sidewalk, and trail/bicycle path networks. Jurisdictions should
describe how transportation plans assess the current adequacy and
availability of transportation facilities and services necessary to support
industrial and manufacturing uses, and how the jurisdiction plans to
provide adequate capacity to serve planned activity levels.
vii. Urban Design – Urban design standards that are used to mitigate
aesthetic and other impacts of manufacturing and industrial activities
both within the center and on adjacent areas.
d. Mobility. Transportation networks within manufacturing industrial centers
should provide for the needs of freight movement and employees by ensuring a
variety of transportation modes such as transit, rail, trucking facilities, or
waterway, as appropriate.
e. Local Commitment to Improvements. Document the jurisdiction’s plans and
capital program for the provision of infrastructure, services and amenities to
support planned growth within the center.
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Downtown Burien
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PuyallupSouth Hill
Lakewood
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DowntownBremerton
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Silverdale
Seattle
Tacoma
Kent
Everett
Bellevue
Auburn
Renton
Lakewood
Bremerton
Federal Way
Bothell
Bainbridge Island
Redmond
Fife
Sammamish
Puyallup
SeaTac
Issaquah
Marysville
Shoreline
Kirkland
Tukwila
Burien
Edmonds
Sumner
Arlington
Edgewood
DuPont
Lynnwood
Monroe
Mukilteo
Kenmore
Covington
Poulsbo
Snoqualmie
University Place
Buckley
Sultan
Woodinville
Mill Creek
Newcastle
Brier
Milton
Pacific
Enumclaw
Duvall
Lake Stevens
Des Moines
Bonney Lake
Maple Valley
Mercer Island
Gig Harbor
Black Diamond
Orting
Snohomish
Port Orchard
North Bend
Mountlake Terrace
Lake Forest Park
Fircrest
Steilacoom
Medina
Algona
Eatonville
Normandy Park
Granite Falls
Roy
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Regional Growth & Manufacturing/Industrial Centers
Regional Growth Centers
Manufacturing / Industrial Centers
Urban Growth Area
Cities
Pedestrian Improvement Zones
January 25, 2008
Highways of Statewide Significance
Other Highways / Arterials
Parks / Open Space / Forest Resource Lands
Agricultural Resource Lands
NOTE: If you are using a newer version of Adobe Acrobat
Reader to view this map, a new feature is available to help
make maps more visible when zoomed in closely.
The line weights feature is available by finding the
pentagon-shaped button below, or through the toolbar
at [View]-[Line Weights]
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0 3 6 9 121.5
Miles
UV9
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53
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47
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PIONEER HWY E
186TH ST NE
204TH ST NE
67TH
AVE
NE
188TH ST NE
SR 531
CEMETERY RD
59
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TVEIT RD
TVEIT
RD
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North Fork
Stillaguamish River
Stillaguamish River North Fork Stillaguamish River
Olson Lake
City of Arlington
Cartographer:
File Name:
UGALandUseAmend_24x36_11(Star).mxd
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitabilityfor a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracyor correctness of the data, or the use of the data presented in the maps.
Proposed Land Use MapAmendments
Date:
Stream courses, waterbodies (2009) Snohomish County Dept of Information Systems GIS dataset.
Parcels downloaded from Snohomish County Assessor's FTPsite 2010.
Legend
SR
9 172ND ST NESR 531
GC
RLMD
P/SP
GC
RHD
RHD
SR
SR
T4-NG
Current City and UGA Land Use
Amend land use designation of eastern portion of Parcel 1 from RHD to GC and western portion of Parcel 2 from GC to RHD. SR = Surburban Residential
RLMD = Low to Moderate Density Residential
RMD = Moderate Density Residential
RHD = High Density Residential
OTRD = Old Town Residential District
NC = Neighborhood Commercial
! ! ! ! !
! ! ! ! !
! ! ! ! !OTBD - 1 = Old Town Business District 1
OTBD - 2 = Old Town Business District 2
D D D D D
D D D D D
D D D D D
D D D D D OTBD - 3 = Old Town Business District 3
GC = General Commercial
HC = Highway Commercial
BP = Business Park
LI = Light Industrial
GI = General Industrial
P/SP = Public/Semi-Public
MS = Medical Services
AF = Aviation Flightline
Boundaries & Transportation
Arlington_polygon
State Highway
State Route
Arterial
Collector
Arlington UGA
th
2/14/11
Area of Interest
Parcel 1
RHD to GC
GC to RHD
Parcel 2
UV9
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?Ô
SR
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S
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SR 530
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L
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M
P
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211TH PL NE E HIGHLAND DR
47
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PIONEER HWY E
186TH ST NE
204TH ST NE
67TH
AVE
NE
188TH ST NE
SR 531
CEMETERY RD
59
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MC
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SR
9
SR
9
TVEIT RD
TVEIT
RD
BURN RD
North Fork
Stillaguamish River
Stillaguamish River North Fork Stillaguamish River
Olson Lake
City of Arlington
Cartographer:
File Name:
UGAZoningAmend_24x36_11(Star).mxd
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitabilityfor a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracyor correctness of the data, or the use of the data presented in the maps.
Proposed StarPreZoningAmendments
Date:
Stream courses, waterbodies (2009) Snohomish County Dept of Information Systems GIS dataset.
Parcels downloaded from Snohomish County Assessor's FTPsite 2010.
Legend
SR
9 172ND ST NESR 531
GC
RLMD
P/SP
GC
RHD
RHD
SR
SR
T4-NG
Current City and UGA Zoning
Amend prezoning designation of eastern portion of Parcel 1 from RHD to GC and western portion of Parcel 2 from GC to RHD. SR = Surburban Residential
RLMD = Low to Moderate Density Residential
RMD = Moderate Density Residential
RHD = High Density Residential
OTRD = Old Town Residential District
NC = Neighborhood Commercial
! ! ! ! !
! ! ! ! !
! ! ! ! !OTBD - 1 = Old Town Business District 1
OTBD - 2 = Old Town Business District 2
D D D D D
D D D D D
D D D D D
D D D D D OTBD - 3 = Old Town Business District 3
GC = General Commercial
HC = Highway Commercial
BP = Business Park
LI = Light Industrial
GI = General Industrial
P/SP = Public/Semi-Public
MS = Medical Services
AF = Aviation Flightline
Boundaries & Transportation
Arlington_polygon
State Highway
State Route
Arterial
Collector
Arlington UGA
th
2/14/11
Area of Interest
Parcel 1
Parcel 2
RHD to GC
GC to RHD
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT E
COUNCIL MEETING DATE:
Workshop February 28th 2011
SUBJECT:
Staff Report on Economic Development
Activities
DEPARTMENT OF ORIGIN:
Executive
Contact: Paul Ellis 360-403-4603
ATTACHMENTS:
None
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION:
Staff will give a brief update on recent economic development activities in the city.
HISTORY: In 2004 the city formed an Economic Development Committee tasked with creating
an economic development plan. The plan identified goals and objective to direct the city’s
economic development efforts. In 2010 the Economic Development Committee updated the
plan to better reflect changes in the economy. The Economic Development Committee remains
an active committee guiding the city economic development efforts.
ALTERNATIVES:
RECOMMENDED MOTION:
No Action Required
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Arlington Valley Land BLA
COUNCIL MEETING DATE:
March 7, 2011
SUBJECT:
Quit claim deed 26,000 sq/ft of wetlands to City of
Arlington through a BLA
DEPARTMENT OF ORIGIN:
Community Development
ATTACHMENTS:
1. Letter from Anderson Hunter Law Firm January 13, 2011
2. Map
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW: Steve Peiffle has reviewed
DESCRIPTION:
Anderson Hunter Law firm would like to dedicate an additional 26,000sq/ft of wetlands to the
City of Arlington.
HISTORY:
This dedication is most likely the final dedication of wetlands associated with the Mickey Jarvill
and/or Arlington Valley Land plat. The dedications have been a result of a Department of
Justice decision, and lot 8 was subject to a moratorium until a future inspection could confirm
the presence or absence of wetlands. The wetland and survey completed in 2009 confirmed
the 26,000 sq/ft of wetland, that will be adjusted from lot 8 to lot 9 which is has already been
dedicated to the City.
ALTERNATIVES:
Do not accept the dedication of 26,000sq/ft of wetland
RECOMMENDED ACTION:
Move to authorize the Mayor to sign the Boundary Line adjustment accepting the
dedication of an additional 26,000sq/ft to be added to lot 9 that is already owned by the
City.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT G
COUNCIL MEETING DATE:
February 14, 2011
SUBJECT:
Special Event- Country Carver Show-
Requesting City Sponsorship
DEPARTMENT OF ORIGIN:
Recreation
Contact: Sarah Higgins, 360-403-3448
ATTACHMENTS: Letter from Debbie Anderson requesting that the City sponsor a chainsaw
carving show August 12 & 13.
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION: Special event request- chainsaw carving show Friday & Saturday August 12 &
13. Requesting use of half of City Hall parking lot August 11-14 for event and Legion Park for
auction and entertainment.. Requesting City to co-sponsor event by providing liability
insurance, and garbage and restroom services.
HISTORY:
Country Carvers have had 2 shows in the Local Scoop Café’s parking lot.
ALTERNATIVES:
Deny the entire request, or part of the request.
RECOMMENDED ACTION:
No action at this time.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT H
COUNCIL MEETING DATE:
February 28, 2011
SUBJECT:
Review of the Council’s “Top Goals and
Priorities for 2011”
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- Council’s “Top Goals and Priorities for 2011”
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION:
At the 2011 Council Retreat, the City Council and staff reviewed the 2010 overarching goals and
priorities and briefly discussed directions for 2011. Council is asked to review the attached draft
of 2011 Goals and Priorities.
ALTERNATIVES:
Remand for further revision. If this alternative is selected, staff requests Council provide specific
direction on any revision.
RECOMMENDED MOTION:
Council is requested to direct staff to prepare a resolution for the March 7, 2011 Council meeting
with the “Top Goals and Priorities for 2011”included as an attachment.
City of Arlington 2011 City Council Goals
Develop Plan for Addressing Fire Department Facilities & Equipment Needs
♦ Complete reconstruction of Station 46
♦ Develop, adopt and implement a plan for Fire Department Facilities & Equipment needs
Emergency Management
♦ Continue tri-agency partnership to ensure that we are able to respond to an emergency.
♦ Training of staff at all agencies to ensure that we all know what to do before and during an
emergency situation, and know how recover
Economic Development
♦ “It’s Everyone’s Business”
♦ Airport Business Park
♦ Retail business development
♦ Review Design Guidelines & Land Use Code to make sure it meets our vision; consider
incentives
♦ Promote Arlington to attract visitors
♦ Continue participation in and encouragement of “Buy Local” program
♦ Support efforts to improve signage on state highways
♦ Continue efforts to install additional gateway & wayfinder signs throughout Arlington
Transportation
♦ Airport Boulevard
♦ Secondary transportation grid / cross circulation in Smokey Point
♦ Improve 172nd St NE from 43rd Ave NE to Hwy 9
♦ West Arlington Corridor Improvements – Smokey Point Blvd, Hwy 530, 188th St NE
Outreach
♦ Continue work to form coalition of north county cities (Stilly Valley Mayors)
♦ Increase lobbying of county, state & federal representatives on key issues
♦ Strengthen relationship with Stillaguamish Tribe
♦ Continue efforts to bring “West Arlington” into our community
♦ Retain our small town feel while growing into a big city
♦ Continue increasing our outreach efforts to our residents & businesses
Trails
♦ Support the County’s completion of the Centennial Trail gap from 152nd to 172nd
♦ Complete the Centennial Trail from 204th to Maple
♦ Complete the Salmon Trail from the Hospital to Graafstra-Country Charm Recreation &
Conservation Area
♦ Continue efforts to garner funding for the downtown trailhead at Legion Park with restrooms
Planning
♦ Implement West Arlington Planning
♦ Complete Riverfront planning and begin implementation
♦ Expand UGA west of I-5 from 185th to Hwy 530
♦ Expand UGA north of the Stillaguamish River
City Financial Planning
♦ Continue implementation of the a citywide equipment replacement funding program
♦ Rebuild reserves
♦ Plan for future staffing, with special attention to public safety requirements
TDR Program
♦ Expand City’s receiving area to include West Arlington
♦ Continue efforts to implement the TDR program
♦ Promote sustainable farming
Expand and enhance volunteer opportunities
Plan for future Sports & Recreation needs
♦ Begin development of Graafstra-Country Charm Recreation & Conservation Area
Fire & EMS Services
♦ Pass EMS Levy
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT I
COUNCIL MEETING DATE:
February 28, 20111
SUBJECT:
Contract with Feldman & Lee for public
defender services
DEPARTMENT OF ORIGIN:
Executive / Legal
Contact: Kristin Banfield, 360-403-3444,
Steve Peiffle
ATTACHMENTS:
- Proposed contract with Feldman & Lee for public defender services
EXPENDITURES REQUESTED: $7500 per month
BUDGET CATEGORY: General Fund 012 – Criminal Justice
LEGAL REVIEW: City Attorney has reviewed the agreement.
DESCRIPTION:
The City’s contract with Feldman & Lee for public defender services expired on December 31,
2009. The City and Feldman & Lee recently completed negotiations on a successor agreement,
covering the term from March 1, 2011 through February 28, 2014.
In 2009, Marysville Municipal Court added additional calendars for the public defender,
requiring 12 additional hours in court each month, plus additional preparation time. This has
continued into 2010 and will continue in the years to come.
In addition, the state is expected to require counsel for both the prosecution and the defense to
appear at arraignments starting in 2011, also increasing the amount of time our prosecutors
spend in court.
HISTORY:
The law firm of Feldman & Lee has served as the City’s public defender since 2007.
ALTERNATIVES:
RECOMMENDED ACTION:
No action at this time.
PUBLIC DEFENDER CONTRACT 1
(27-263 SJP/de)
CITY OF ARLINGTON PUBLIC DEFENDER CONTRACT
This contract is entered into by and between the CITY OF ARLINGTON, hereinafter
referred to as "City," and Feldman & Lee, P.S., hereinafter referred to as "Attorneys."
1. DEFINITIONS.
a. Appointment. "Appointment" means the formal referral to the Attorneys
of a case under referral procedures established by the City through the Marysville Municipal
Court.
b. Case. A "case" shall be defined as a criminal citation filed by the City
against an indigent defendant. Multiple counts charging crimes of the same or similar character,
or based on the same conduct or on a series of acts connected together or constituting parts of a
single scheme or plan, shall be considered, for purposes of this contract, to be a single "case" if
they are scheduled for concurrent trials. A case shall commence upon post-arraignment formal
referral of an indigent defendant to the Attorneys by the Marysville Municipal Court, and shall
terminate upon entry of the final appealable order by said Court, plus any original post-trial
sentencing proceedings. A case shall not include post-trial reviews of sentencing or hearings
relating to probation violations. The Attorneys' legal services on occasion shall include, but are
not necessarily limited to, appearance at post-arraignment hearings for pre-trial release from
confinement, interlocutory appeals and writs initiated by the defendant prior to the entry of a
final appealable order by the Marysville Municipal Court, and representation of the defendant at
trial and sentencing.
c. Indigency. "Indigency" means an individual defendant is unable to pay all
or a part of the costs of an Attorneys as determined exclusively by the Marysville Municipal
Court, or such other agency as the City may determine pursuant to guidelines and standards
acceptable to the City; provided, that the Attorneys shall promptly notify the Court or the City
Attorneys’ office in writing of any situation as it becomes known which might foreseeably affect
an indigent defendant's eligibility for the appointment of counsel at public expense or which
might foreseeably affect an indigent defendant's ability to reimburse the City for all or some part
of the Attorneys’ fees under this contract.
d. Special Appearance. "Special appearance" means any legal services not
within the definition of a "case" including, but not necessarily limited to, legal assistance during
investigative stages by the City police or the City Attorneys (i.e. line-ups, interrogations,
interviews by police, and physical examinations in which the suspect participates), jail visits,
post-sentencing appearances not included within a "case," and review hearings on indigent
status.
PUBLIC DEFENDER CONTRACT 2
(27-263 SJP/de)
2. SCOPE OF SERVICES. All indigent criminal defendants charged under
ordinances of the City who qualify for appointed defense counsel shall be referred to the
Attorneys. The Attorneys shall provide legal representation for each of these defendants for the
duration of the case, including appeals to the Superior Court and Court of Appeals, if necessary.
The Attorneys shall further provide legal services within the definition of “special appearance”
and make themselves available telephonically for consultation on special appearance matters.
The Attorneys shall exercise independent professional judgment with respect to representation of
each client and shall perform all legal services in accordance with the professional and ethical
standards of the Washington State Bar Association. The Attorneys shall at all times comply with
the Rules of Professional Conduct (RPC) and all other applicable court rules. The Attorneys
shall maintain the highest standards of conduct and behavior towards the court, the prosecutor,
and all parties. Both parties shall endeavor to comply with the "Washington Defender
Association Standards for Public Defense Services", available at
http://www.defensenet.org/resources/publications-1/wda-standards-for-indigent-defense
http://www.defensenet.org/resources/WDAstand.htm .
3. ASSOCIATE COUNSEL. Any counsel associated with or employed by the
Attorneys shall have the authority to perform the services called for herein, and Attorneys may
employ associate counsel to assist them at Attorneys’ expense. The Attorneys and all associate
counsel or Attorneys hired pursuant to this section shall be admitted to practice pursuant to the
rules of the Supreme Court of the State of Washington. Sufficient counsel shall be provided to
represent defendants during vacation and illnesses, and settings in more than one courtroom. No
legal interns shall be used unless agreed to in advance by the City.
4. TERM OF CONTRACT. This contract shall commence on May 27, 2006
March 1, 2011 and shall continue in effect through December 31, 2009February 28, 2014 unless
earlier terminated by either party. Unless so terminated, or otherwise renegotiated, this contract
shall be renewable automatically for successive calendar year terms to begin January 1 of any
year upon the same terms and conditions. In the event of termination, the Attorneys shall
continue representation of any indigent defendants for which they have received appointments
prior to the termination date and the City shall compensate Attorneys for services so rendered at
a reasonable rate therefor.
5. CONFLICT OF INTEREST. In the case of an appointment for which the
Attorneys cannot provide legal representation due to an ethical conflict, an indigent defendant
shall be referred back to the Marysville Municipal Court at no charge to the City.
4.6. COMPENSATION. The City shall pay the Attorneys the sum of SIX
THOUSAND DOLLARS ($6,000.00)SEVEN THOUSAND FIVE HUNDRED DOLLARS
($7,500) per month. The sums to be paid during the month of May, 2007 shall be prorated to
$967.74. In addition, Attorneys shall be reimbursed for any expert witness fees which have been
approved by the court as necessary in a particular case, for costs for appointment of conflict
public defenders approved by the court, and for interpreter fees approved by the court.
PUBLIC DEFENDER CONTRACT 3
(27-263 SJP/de)
7. BILLING AND PAYMENT. On or before the last day of each month the
Attorneys shall present to the City a billing statement specifying the name and case number of
each defendant who has been referred to him during that month, and the fees which are due. The
City shall pay the Attorneys the fees due under this contract on or before the 25th day of the
following month.
8. DISCOVERY PROVIDED. The City shall provide to the Attorneys, at no cost
to the Attorneys or the defendant, one copy of all discoverable material concerning each assigned
case. Such material shall include, where relevant, a copy of the abstract of the defendant's driving
record.
9. MUNICIPAL CODE PROVIDED. The City shall provide the Attorneys with a
copy of those portions of the Arlington Municipal Code pertaining to traffic and criminal
offenses, and all amendments thereto which are adopted during the term of this contract.
10. AVAILABILITY. The Attorneys shall make themselves available for interviews
of officers and witnesses on reasonable notice. In addition, the Attorneys shall make themselves
available for all necessary and appropriate court appearances on behalf of indigent defendants.
In the event Attorneys are not available for a court appearance without just cause and the CITY
incurs expenses as a result, including, but not limited to, officer overtime, the CITY may deduct
those expenses from the compensation due to Attorneys under paragraph (6), above.
11. NON-ASSIGNABILITY. No assignment or transfer of this contract or any
interest in this contract shall be made by either party. The Attorneys’ duty of representation shall
not be delegated or assigned to any other person, firm, employee or associate without prior
written notice to, and oral or written approval of, the City Administrator of the City. All
employees and associates used by the Attorneys shall at the Attorneys’ sole expense except as
otherwise specified herein.
12. PROFESSIONAL LIABILITY INSURANCE. During the term of this contract
and any extensions hereof the Attorneys shall secure and maintain a policy of comprehensive
professional liability insurance with an insurance company licensed to do business in the State of
Washington. Said policy shall have limits of not less than $1,000,000.00 per claim and
aggregate. Written proof of the insurance policy will be supplied to the City upon request.
13. INDEMNIFICATION. The Attorneys shall indemnify and hold the City, its
elected officials, officers and employees, harmless from any and all claims, losses or liability,
including Attorneys’ fees, whatsoever arising out of the Attorneys’ performance of obligations
pursuant to this contract, including claims arising by reason of accident, injury or death caused to
persons or property of any kind occurring by the fault or neglect of the Attorneys, his agents,
associates or employees, or occurring by the fault or neglect of the Attorneys, his agents,
PUBLIC DEFENDER CONTRACT 4
(27-263 SJP/de)
associates or employees, and occurring without the fault or neglect of the City.
With respect to the performance of this contract and as to claims against the City, its
officers, agents and employees, the Attorneys expressly waives its immunity under Title 51 of
the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and
agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph
extends to any claim brought by or on behalf of any employee of the Attorneys. This waiver is
mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from
the sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph are caused by or resulted from the concurrent negligence of the
City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and
enforceable only to the extent of the negligence of the Attorneys, its officers, agents and
employees.
14. TERMINATION. This contract shall be terminable for good cause, upon one
hundred twenty (120) days advance written notice by either party to the other. Good cause shall
include the failure of the Attorneys to render adequate representation to client(s); the willful
disregard of the rights and best interests of the client(s); and the willful disregard of the standards
set out in this agreement.
15. AMENDMENTS. No modification or amendment of the provisions of this
contract shall be effective unless in writing and signed by authorized representatives of the
parties hereto.
16. ENTIRE AGREEMENT. This contract contains the entire agreement between
the parties and may not be enlarged, modified or altered except in a writing signed by both
parties.
DATED this _______ day of ________, 20072011.
CITY OF ARLINGTON
By: _______________________________
Margaret Larson, Mayor
Approved as to Form:
By: _______________________________
Steven J. Peiffle, City Attorney
PUBLIC DEFENDER CONTRACT 5
(27-263 SJP/de)
Attorneys:
FELDMAN & LEE, P.S.
_________________________________
James Feldman, President