Chapter 13.06 SANITARY SEWER SYSTEM

The Director shall have free access at proper hours to all buildings and premises served by the sewerage system for the purpose of inspecting pipes and fixtures, and the manner in which the provisions of this chapter are being complied with. (Ord. C-381, 1997)

Article II. Definitions

13.06.050 Definitions generally.

These definitions apply to the entire chapter unless otherwise stated or clearly indicated from the context. (Ord. C-381, 1997)

13.06.060 Abbreviations.

The following abbreviations have the designated meanings:


AHMC	–	Airway Heights Municipal Code
BOD	–	biochemical oxygen demand
CFR	–	Code of Federal Regulations
COD	–	chemical oxygen demand
EPA	–	U.S. Environmental Protection Agency
ERU	–	equivalent residential unit
GFC	–	general facility charge
GPD	–	gallons per day
IU	–	industrial user
l	–	liter
LEL	–	lower explosive limit
Mg	–	milligrams
mg/l	–	milligrams per liter
NPDES	–	National Pollutant Discharge Elimination System
O&M	–	operations and maintenance
POTW	–	publicly owned treatment works
RCRA	–	Resource Conservation and Recovery Act
SCC	–	Spokane County Code
SCF	–	sewer connection fee
SIC	–	standard industrial classification
SIU	–	significant industrial user
SWDA	–	Solid Waste Disposal Act (42 USC 6901, et seq.)
TRC	–	technical review criteria
TSS	–	total suspended solids
ULID	–	utility local improvement district
USC	–	United States Code

(Ord. C-405, 1998; Ord. C-381, 1997)

13.06.070 Act.

The “Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended (33 USC 1251, et seq.) (Ord. C-381, 1997)

13.06.080 Applicable pretreatment standard or applicable standard.

The “applicable pretreatment standard” or “applicable standard,” for any specified pollutant, is the most stringent of the standards reflected in:

A. The prohibited discharge standards, general or specific prohibitions (AHMC 13.06.930 and 13.06.940);

B. Local limits (AHMC 13.06.990 or imposed by the Director);

C. Applicable state standards; or

D. Categorical pretreatment standards (AHMC 13.06.970). (Ord. C-381, 1997)

13.06.090 Approval authority.

“Approval authority” means the Director of the Washington State Department of Ecology. (Ord. C-381, 1997)

13.06.100 Authorized representative of the user.

“Authorized representative of the user” means:

A. If the user is a corporation:

1. 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

2. 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.

B. If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.

C. 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 his/her designee.

D. The individuals described in subsections (A) through (C) of this section 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 Director. (Ord. C-381, 1997)

13.06.110 BOD.

“BOD,” denoting biochemical oxygen demand, is the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in parts per million by weight or as a concentration (e.g., mg/l). (Ord. C-381, 1997)

13.06.120 Building drain.

“Building drain” is that part of the lower piping of a drainage system which receives the discharge from piping inside the walls of a structure or building to a point two feet outside the outer face of a structure, wall or foundation and conveys it to the sewer or an on-site sewage disposal system. (Ord. C-381, 1997)

13.06.130 Categorical pretreatment standard or categorical standard.

“Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471. (Cross-references: AHMC 13.06.970 and 13.06.1180(A).) (Ord. C-381, 1997)

13.06.140 Categorical user.

“Categorical user” means a user subject to regulation under a categorical standard. (Cross-references: AHMC 13.06.1020 and 13.06.1080(F)(4).) (Ord. C-381, 1997)

13.06.150 City.

“City” means the City of Airway Heights. (Ord. C-381, 1997)

13.06.160 Combined sewer.

“Combined sewer” is a sewer which conveys any category of wastewater, as permitted by the Director, and performs the functions of both a sanitary and a storm sewer. (Ord. C-381, 1997)

13.06.170 Commercial unit.

“Commercial unit” is any commercial establishment not classified, or used, as a residential dwelling unit. (Ord. C-381, 1997)

13.06.180 Composite sample.

“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. (Ord. C-381, 1997)

13.06.190 Day(s).

“Day(s)” means working day(s) unless otherwise noted. (Ord. C-381, 1997)

13.06.200 Director or PW Director.

“Director” or “PW Director” means the Public Works Director for the City of Airway Heights, or his/her designee. (Cross-reference: AHMC 13.06.1310.) (Ord. C-571 § 3, 2004; Ord. C-381, 1997)

13.06.210 Discharge – Direct, indirect.

A. “Discharge” or “indirect discharge” are identical for purposes of this chapter. Unless otherwise apparent from the context, the term means a release of wastewater, sewage or effluent into the POTW. For purposes of Article IV of this chapter, the term does not include releases of wastewater defined as sanitary or domestic sewage in AHMC 13.06.220.

B. “Direct discharge” refers to any release of wastewater, sewage or effluent into the outside environment or natural outlet. (Ord. C-381, 1997)

13.06.220 Domestic wastewater.

“Domestic wastewater” is wastewater of similar volume or chemical composition which is typically generated by residential dwelling units. Such wastewater typically includes 0.2 pounds of BOD, and 0.17 pounds of TSS, per 100 gallons, all measured per capita, per day. The term is contrasted with “industrial process wastewater” or “process wastewater” described in AHMC 13.06.270, sometimes also referenced as “nondomestic wastewater,” and is also distinguished from other categories of wastewater identified in AHMC 13.06.760(A). (Ord. C-381, 1997)

13.06.230 Double plumbing dry side sewer.

“Double plumbing dry side sewer” is a sewer installed at the time of on-site sewage disposal system construction, which will connect the structure’s wastewater system to a public sewer when the public sewer becomes available. (Ord. C-381, 1997)

13.06.240 Dry line sewer.

“Dry line sewer” is a public or private sewer lateral that is intended for future use when authorized by the Director. (Ord. C-381, 1997)

13.06.245 Equivalent residential unit.

“Equivalent residential unit” is the unit used to calculate sewer consumption. One equivalent residential unit equals approximately 245 gallons of water consumed per day or as determined by the most recently adopted Comprehensive Sewer Plan of the City. (Ord. C-571 § 4, 2004; Ord. C-405, 1998)

13.06.250 Grab sample.

“Grab sample” means a sample which is taken from wastewater or a waste stream on a one-time basis without regard to the flow in the wastewater or waste stream and without consideration of time. (Ord. C-381, 1997)

13.06.260 Health Officer.

“Health Officer” means the Spokane County Health District Health Officer, or his/her designee. (Ord. C-381, 1997)

13.06.270 Industrial process wastewater or process wastewater.

A. “Industrial process wastewater” or “process wastewater” is that category of water-carried waste which, during a manufacturing or commercial processing activity, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. (Source: 40 CFR 401.11(q).) The term is contrasted with “domestic wastewater,” described in AHMC 13.06.220, and also distinguished from other categories of wastewater identified in AHMC 13.06.760.

B. The term includes two subcategories:

1. “Manufacturing process wastewater,” which is wastewater of a nature, concentration, or constituency traditionally originating from industrial or manufacturing customers. This generally includes sewage from one or more heavy industrial or manufacturing process sources or industrial cleanup procedures. It includes one process discharge or several commingled process discharges.

2. “Nonmanufacturing process wastewater,” which includes all other process wastewater. This generally includes wastewater from business, institutional or commercial customers which generate nondomestic wastewater components derived from a business or commercial process other than manufacturing or heavy industry. Examples of included sources are wastewater from commercial laundries, radiator shops and photo finishers, as well as wastewater from vehicles used for storage or transportation of wastewater, such as septic tank pumpers or haulers. (Ord. C-381, 1997)

13.06.280 Interference.

“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources:

A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal;

B. Which causes or contributes to a violation of the city of Spokane’s NPDES permit or prevents sludge use or disposal in compliance with any of the following laws: Section 405 of the Clean Water Act; the Federal Solid Waste Disposal Act (SWDA), including Title II thereof, commonly referred to as the Federal Resource Recovery and Conservation Act (RCRA); any state regulations contained in any state sludge plan prepared pursuant to Subtitle D of the SWDA, the Federal Clean Air Act; the Federal Toxic Substances and Control Act; the Federal Marine Protection, Research, and Sanctuaries Act; or any more stringent state or local law; or

C. Which would be designated as or would cause POTW sludge to be designated as “dangerous waste” under Chapter 173-303 WAC (Washington State Dangerous Waste Regulations). (Ord. C-381, 1997)

13.06.290 Lateral or lateral sewer.

“Lateral” or “lateral sewer” is a sewer to which side or private sewers may be connected from adjacent or vicinity properties. The service area for a lateral is determined by the Director, based upon generally accepted engineering practices and subject to the practice of the Department of Public Works. (Ord. C-381, 1997)

13.06.300 Local limits.

“Local limits” are provided for in AHMC 13.06.990(B). They are specific to the city of Spokane’s POTW. (Ord. C-381, 1997)

13.06.310 Lower explosive limit.

“Lower explosive limit” is the lowest concentration of a gas-in-air mixture at which a gas can ignite. (Ord. C-381, 1997)

13.06.320 Medical waste.

See Chapter 14, Laws of the State of Washington, 1992 Regular Session. (Ord. C-381, 1997)

13.06.330 National pretreatment standard.

See AHMC 13.06.970. (Ord. C-381, 1997)

13.06.340 Natural outlet.

“Natural outlet” is any outlet into a watercourse, pond, ditch, lake or other body of surface water or ground water. It does not include connections to the City’s collection system, authorized on-site sewage or storm water disposal systems, or other authorized sewage disposal mechanisms or systems. (Ord. C-381, 1997)

13.06.350 New source – Existing source.

A. “New source” is any person who is or may be a categorical user who has commenced operations or construction of a building, structure, facility or installation after the date of publication of proposed categorical pretreatment standards under Section 307(c) of the Act, which standards will be applicable to such user if thereafter promulgated in accordance with Section 307(c); provided, that:

1. The building, structure, facility or installation is constructed as a site at which no other user is located;

2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

3. 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.

B. For purposes of its definition, a person may be a categorical user where, because of the nature of its business or industrial activities, statements or other objective basis, said person appears to become a categorical user. The Director may identify persons subject to this provision.

C. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (A)(2) or (A)(3) of this section but otherwise alters, replaces or adds to existing process or production equipment.

D. Construction of a new source as defined under this section is commenced at the earliest time a person has:

1. Begun, or caused to begin as part of a continuous on-site construction program:

a. Any placement, assembly or installation of facilities or equipment;

b. 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

2. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this section.

E. “Existing source” means any categorical user other than a new source. This includes a person who becomes a categorical user subsequent to promulgation of an applicable categorical pretreatment standard, unless such user meets the entire definition of a “new source.” (Source: 4 CFR 403.3(k).) (Cross-reference: AHMC 13.06.350 (A).) (Ord. C-381, 1997)

13.06.360 New user – Existing user.

A. “New user” means a noncategorical user that applies for a City building permit or who newly occupies any premises and seeks to discharge wastewater into the City’s collection system after the effective date of the ordinance codified in this chapter or applicable amendments thereto, the same being 30 days after enactment. Any person that buys an existing premises already engaged in discharging industrial process wastewater as opposed to domestic wastewater will be considered an “existing user” if the Director determines no significant changes have been made in the user’s operations.

B. “Existing user” means a noncategorical user other than a new user. (Cross-reference: AHMC 13.06.630.) (Ord. C-381, 1997)

13.06.370 Noncontact cooling water.

“Noncontact cooling water” is that category of wastewater consisting of water used for cooling, generally in an industrial or manufacturing process, which does not come into direct contact with any raw material, intermediate product, waste product or finished product. The term excludes other categories of wastewater identified in AHMC 13.06.760(A). (Ord. C-381, 1997)

13.06.380 Nonstandard strength sewage.

“Nonstandard strength sewage” is wastewater accepted for discharge into the collection system but which does not meet the criteria for acceptance as standard strength sewage, whether because of special characteristics, special treatment requirements, special monitoring, or additional handling as a condition of acceptance. Specific criteria defining this class of wastewater are determined by the Director, in the exercise of sound discretion, considering the purposes set forth in this chapter, the public health, safety and welfare, and cost and expense of the collection system. The Director may further consider average concentrations of total suspended solids, BOD and phosphorus or other factors, and may include any wastewater determined by the Director to have any of the following characteristics:

A. Containing more than 215 milligrams per liter of total suspended solids (TSS);

B. Containing more than 260 milligrams per liter of biochemical oxygen demand (BOD); or

C. Any other nonstandard strength sewage, as defined by statute, ordinance, regulation, resolution, or by Director’s order. (Cross-references: AHMC 13.06.760(B), 13.06.830, 13.06.880(B).) (Ord. C-381, 1997)

13.06.390 NPDES.

“NPDES” refers to the National Pollutant Discharge Elimination System permit program administered by the Washington State Department of Ecology. (Ord. C-381, 1997)

13.06.400 On-site sewage disposal system.

“On-site sewage disposal system” is any system or combination of piping, treatment, or other facilities that stores, treats, and/or disposes of sewage and effluent on the property where it originates, or on adjacent or nearby property under the ownership of the user of the system or in which the user has a recorded interest for the purpose of maintaining the system on such other property. In general, these include, but are not limited to, septic tank disposal systems. (Ord. C-381, 1997)

13.06.410 Pass-through.

“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 POTW’s NPDES permit (including an increase in the magnitude or duration of a violation). (Source: 40 CFR 403.3(n).) (Ord. C-381, 1997)

13.06.420 Person.

“Person” is an all inclusive reference to any individual or group, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity. (Ord. C-381, 1997)

13.06.430 pH.

“pH” is the negative logarithm of the hydrogen ion concentration. (Ord. C-381, 1997)

13.06.440 Pollutant.

“Pollutant” is any substance proscribed or limited with respect to its introduction into the City’s collection system by federal or state pretreatment regulatory requirements, or by requirements adopted pursuant to this chapter reflecting the City’s wastewater pretreatment program. (Ord. C-381, 1997)

13.06.450 POTW.

“POTW” means a treatment works as defined by Section 212 of the Act, which is owned by a state or municipality (as defined by Section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal wastewater or industrial wastes of a liquid nature. It also includes public sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term may also refer to the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the discharges to and from such a treatment works. For purposes of any enforcement work performed by the City under the city of Spokane authorization, the term includes the sewage collection system of the City as well as the city of Spokane. (Source: 40 CFR 403.3(o).) (Ord. C-381, 1997)

13.06.460 Pretreatment.

“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 discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6(d) and this chapter, including AHMC 13.06.930(F). (Source: 40 CFR 403.3(q).) (Ord. C-381, 1997)

13.06.470 Pretreatment program.

“Pretreatment program” or “wastewater pretreatment program” is that set of City requirements, principally embodied in these definitions and Article IV of this chapter, together with regulations, policies, orders and individual permit requirements, and applicable provisions of the Act and Title 40 CFR relating to pretreatment, monitoring, sampling and conditioning of wastewater prior to discharge into the POTW. (Ord. C-381, 1997)

13.06.480 Pretreatment requirements.

“Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. (Ord. C-381, 1997)

13.06.490 Pretreatment standard or standard.

A. “Pretreatment standard,” “national pretreatment standard” or “standard” means any regulation containing pollutant discharge limits, promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to users. This term includes prohibited discharge limits established pursuant to 40 CFR 403.5, categorical pretreatment standards, and federal standards as identified in this chapter. (Source: 40 CFR 403.3(j).)

B. Sources of pretreatment standards include prohibited discharge standards, categorical pretreatment standards, and local limits, all as may be more specifically set forth in Article IV or in rules or regulations promulgated as a part of the City’s pretreatment program. (See AHMC 13.06.390.) (Cross-reference: AHMC 13.06.970.) (Ord. C-381, 1997)

13.06.500 Private pump station.

“Private pump station” is an appurtenance of a side sewer, private sewer, or on-site sewage disposal system which, alone or in conjunction with the side sewer or private sewer, conveys standard strength sewage or effluent by lifting or pumping to another sewer. (Ord. C-381, 1997)

13.06.510 Private sewer.

“Private sewer” is a sewer not owned or maintained by the City. (Ord. C-381, 1997)

13.06.520 Private storm sewer.

“Private storm sewer” is a storm sewer not owned or maintained by a public authority and connected to a public sewer or discharged into a natural outlet. (Ord. C-381, 1997)

13.06.530 Prohibited discharge standards or prohibited discharges.

“Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances. For purposes of this chapter, these prohibitions appear in AHMC 13.06.930 and 13.06.940. (Ord. C-381, 1997)

13.06.540 Public sewer.

“Public sewer” is a sewer owned or controlled and maintained by a public authority. The term includes any publicly controlled and maintained sanitary or other, storm or combined sewers. It does not include side sewers, side sewer stubs after connection to the sewer collection system, or private sewers. (Cross-reference: AHMC 13.06.570.) (Ord. C-381, 1997)

13.06.550 Residential dwellings.

“Residential dwellings” are units that are considered as, but not limited to, single-family residences, duplexes, triplexes, hotels, motels, apartments, condominiums or mobile homes located on a single tax parcel. (Ord. C-381, 1997)

13.06.560 Sanitary sewage.

“Sanitary sewage” is redefined as “domestic wastewater” in AHMC 13.06.220. (Ord. C-381, 1997)

13.06.570 Sanitary sewer.

“Sanitary sewer” is a sewer which conveys sanitary sewage. Additionally, the term is also applied to any public sewer except a storm sewer. (Ord. C-381, 1997)

13.06.580 Sewage.

“Sewage” is a combination of the water-carried wastes from domestic, business, commercial, industrial, or manufacturing sources, including residences, business buildings, institutions, and industrial establishments. Sewage also includes surface water and storm water when discharged into a sewer. (Ord. C-381, 1997)

13.06.590 Sewer.

“Sewer” is a pipe, conduit, structure, or appurtenance for conveying sewage. These definitions further identify this term according to who owns or maintains the sewer: private sewer, private storm sewer, side sewer, or special side sewer, as opposed to public sewers. In general, public sewers are also subdivided according to what they convey: sanitary sewer, storm sewer, and combined sewer. The term “sewer” also includes any dry line sewer. (Ord. C-381, 1997)

13.06.600 Sewer Standards Handbook.

“Sewer Standards Handbook” refers to the Airway Heights Public Works Standards Manual which details proper controls for design, inspection and construction of sewer systems in conformance with this chapter. The standards may contain specifications relative to materials, design, construction, procedure, policy, inspection, backfilling and responsibilities in sewer installations. (Cross-reference: AHMC 13.06.1460.) (Ord. C-381, 1997)

13.06.610 Side sewer.

“Side sewer” is a sewer not directly controlled or maintained by a public authority, which begins two feet outside the outer face of a structure wall or foundation, conveying wastewater from the building(s) drain(s) to a public sewer or private sewer. The term “side sewer” also includes any double plumbing dry side sewer and temporary sewer connections. (Ord. C-381, 1997)

13.06.620 Side sewer stub.

“Side sewer stub” is that portion of a side sewer located between the public sewer line and a point near the property line of the premises to be served. After connection has been made to the premises, the side sewer stub shall become part of a side sewer and shall be maintained by the property owner to the point of entry into the public sewer. (Ord. C-381, 1997)

13.06.630 Significant industrial user.

“Significant industrial user” means:

A. All users subject to categorical pretreatment standards, also referenced as a “categorical user”;

B. Any other user, also referenced as a “noncategorical user,” that:

1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW, excluding sanitary sewage, noncontact cooling water and boiler blowdown wastewater. As used here, “boiler blowdown wastewater” means specially treated water to render it suitable for use inside high pressure boilers,

2. Contributes process wastewater which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or

3. Is designed as such by the Director on the basis that the user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement (in accordance with this chapter or 40 CFR 403.8(f)(6)), and

4. Any user so designated by this chapter, or by regulation or order of the Director, considering pollutant characteristics, the concentration or mass loading limits established by federal or state standards or by standards locally developed to address POTW or environmental conditions (Source: 40 CFR 403.3(t)); and/or

C. A user may be both a categorical and a noncategorical user, and shall comply with any respective provisions, as may apply. For purposes of definition, “categorical users” are further broken down into classifications of “new source” or “existing source,” as defined in AHMC 13.06.350. “Noncategorical users” are broken down into classifications of “new user” or “existing user” as defined in AHMC 13.06.360. (Source: 40 CFR 403.3(t).) (Ord. C-381, 1997)

13.06.640 Slug load.

“Slug load” means:

A. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in this chapter; or

B. Any discharge not of a routine, regular, or episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge. (Ord. C-381, 1997)

13.06.650 Special side sewer.

“Special side sewer” is a side sewer connected to a lateral or other public or private sewer which is outside the normal service area of said sewer as determined by the Director. Unless otherwise indicated or required by the context, all side sewer requirements shall apply to special side sewers. (Ord. C-381, 1997)

13.06.660 Standard strength sewage.

“Standard strength sewage” is wastewater which complies with specifications designated by the Director, City resolution, or this chapter as not requiring special treatment, monitoring or additional handling prior to acceptance by the POTW, considering chemical, physical, and organic content, including but not limited to BOD, suspended solids and phosphorus. The definition of “standard strength sewage” may be adjusted by City resolution. (Cross-reference: AHMC 13.06.760(B).) (Ord. C-381, 1997)

13.06.670 Storm water.

“Storm water” is that category of wastewater consisting of flows occurring during or following any form of natural precipitation, and resulting from such precipitation, including snow melt. This includes but is not limited to flows discharged from roof, yard, footing, springs, pools and storm drains of any type. The term is distinguished from other categories of wastewater identified in AHMC 13.06.760(A). (Ord. C-381, 1997)

13.06.680 Storm sewer or storm drain.

“Storm sewer” or “storm drain” is a sewer which conveys storm water. (Ord. C-381, 1997)

13.06.690 Suspended solids.

“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. (Ord. C-381, 1997)

13.06.700 System of sewerage.

“System of sewerage” is the system of sewers, outfalls, works, plants and facilities for wastewater collection, treatment and disposal, or any and all such facilities of the City of Airway Heights or the city of Spokane used or dedicated to provide public sewer service. (Ord. C-381, 1997)

13.06.710 Temporary sewer connections.

“Temporary sewer connections” are sewer connections for structures such as temporary offices at a construction site. (Cross-reference: AHMC 13.06.1510.) (Ord. C-381, 1997)

13.06.720 Total solids.

“Total solids” are all matter that can be removed by total evaporation as contained in the Manual of Standard Methods, under total residue. (Ord. C-381, 1997)

13.06.730 Twenty-four-hour flow proportional composite sample.

“Twenty-four-hour flow proportional composite sample” is a composite sample, taken over a period of 24 hours, in which the size and numbers of the individual samples in the composite reflect the discharge rate at the time each individual sample is taken. (Ord. C-381, 1997)

13.06.740 Upset.

“Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical 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. (Ord. C-381, 1997)

13.06.750 User or industrial user.

A. “User” or “industrial user” means any person who is a source of discharge, also sometimes referenced as indirect discharge.

B. “Categorical user” and “noncategorical user” are subgroups within the definition of “significant industrial user” in AHMC 13.06.630. (40 CFR 403.3(b) and (h).) (Cross-references: AHMC 13.06.210, 13.06.250, 13.06.260.) (Ord. C-381, 1997)

13.06.760 Wastewater.

A. “Wastewater” includes anything released into the POTW and generally includes water-carried wastes from domestic, business, commercial, manufacturing or industrial sources. For purposes of reference, four categories of wastewater, based on its generic source, are identified in usage:

1. “Sanitary sewage,” defined in AHMC 13.06.560 as redefined under “domestic wastewater” in AHMC 13.06.220;

2. “Storm water,” defined in AHMC 13.06.670;

3. “Industrial process wastewater” or “process wastewater,” defined in AHMC 13.06.270;

4. “Noncontact cooling water,” defined in AHMC 13.06.370.

B. Additionally, “wastewater” is divided into two general classes for purposes of rates and treatment requirements:

1. “Standard strength sewage,” defined in AHMC 13.06.660; and

2. “Nonstandard strength sewage,” defined in AHMC 13.06.380.

C. “Domestic wastewater” is identified in AHMC 13.06.220. (Ord. C-381, 1997)

Article III. General Requirements

13.06.770 Mandatory sewer service – No rights created.

A. No wastewater, except storm water, shall be directly discharged into a natural outlet within the City. All wastewater, sewage, wastes and waters generated in the City, except storm water, must be discharged into the collection system of the City and the POTW of the city of Spokane and/or into authorized on-site sewage disposal systems. This obligation applies to the owner of the premises and to persons in possession, charge, or control of the premises where prohibited discharges either originate or occur. (Cross-reference: AHMC 13.06.840.)

B. This chapter shall not create rights for any individual or group to require construction of public sewers, connection thereto, or otherwise to receive sewer service from the City. The City reserves all rights to deny, limit, or curtail service. (Ord. C-381, 1997)

13.06.780 On-site sewage disposal systems – Policy to limit.

A. It is the policy and intent of the City, Spokane County, the city of Spokane, the Spokane County Health District and various other agencies of the state and federal governments that on-site sewage disposal be limited and discouraged, and, except where specifically authorized by permit regulations, prohibited in all areas and that all sewage be discharged into the collection system and into the POTW.

B. No on-site sewage disposal system requiring a permit from the Spokane County Health District may be constructed, altered, used or maintained without a written permit from the Health Officer certifying that it meets the requirements of the Health District. On-site sewage disposal systems must also meet the requirement of the Director and this chapter.

C. An on-site sewage disposal system is not permitted when:

1. Public sewer service is available, as defined in subsection (D) of this section;

2. For any premises occupied by a significant industrial user; or

3. The public health or safety would be adversely affected.

D. For purposes of this section, public sewer service is deemed “available” when determined by the Director and:

1. A street, highway, alley or easement in which a public sewer is located runs within any point 200 feet or less from the boundaries of the premises concerned and the Director determines that such connection is feasible; or

2. A street, highway, alley or easement in which a public sewer is located runs within a distance greater than 200 feet from the boundaries of the premises, the anticipated sewage flow from the premises is greater than 1,000 gallons per day and the Director determines that such connection is feasible.

E. Every owner, agent or occupant of any property constructing, using or maintaining an on-site sewage disposal system after public sewer service becomes available shall discontinue use of the on-site facility and connect to the collection system and the POTW, through the City’s collection system and in the manner specified in AHMC 13.06.790, upon the earlier of:

1. The time the on-site system fails, or requires a second pumping from the time sewer is made available, repair or replacement; or

2. Within one year after public sewer service became available. The Director may extend the one-year time frame for good cause. (Cross-reference: AHMC 13.06.790(A).)

F. “Public sewer,” as used in this section, means a sewer comprising part of the Airway Heights collection system and the Spokane sewerage system and not an interim public sewer.

G. No private sewer facility, septic tank, sump or the like shall be used or remain on any property if the property can be served by the City sewer, and any existing private sewer facility, septic tank, sump or the like shall be filled with soil, rock or other suitable material and abandoned by the owner or occupier of the property. The Clerk-Treasurer or his/her designee is authorized to issue a loan for the cost of the sewer connection fee for private commercial and residential sewer facilities over a period not to exceed 360 months plus a fixed interest rate of 2.5 percent per annum. A one-time charge of $15.00 shall be added to the aforementioned charges to cover administrative and clerical costs. City staff are hereby further authorized to limit said installment contracts to said general facility charge as approved by City Council resolution. The loan balance under such installment contracts shall be a lien upon the described property as provided in RCW 35.67.200, enforceable in accordance with RCW 35.67.220 through 35.67.280, and as an additional or concurrent method of enforcement, water service to the property may be terminated in accordance with RCW 35.67.290 until the delinquent payments have been paid. The loan balance including principal and interest and penalties, if any, shall be paid in full at the time of property ownership transfer. Upon full payment of the contract, the Clerk-Treasurer or his/her designee shall execute and mail to such property owner a release of any lien related to the installment contract. (Ord. C-777 § 1, 2012; Ord. C-571 § 5, 2004; Ord. C-423, 1999; Ord. C-399, 1998; Ord. C-381, 1997)

13.06.790 Proper connection of all premises.

A. No person shall use or occupy any building within the City, except a garage or storage building when used exclusively for those purposes, unless such building has sanitary toilet facilities connected to the City sewer system, provided the requirement to connect to the City sewer shall not apply if no City sewer line exists within 200 feet of the property. Connection to the City sewer shall be accomplished at the expense of the owner or occupier of the building.

B. Every owner, agent, or occupant of any structure or premises used for human occupancy, employment, recreation, or other purposes requiring sanitary facilities, or when the Director or Health Officer so orders, shall construct or cause to be constructed all necessary sanitary facilities and a proper and sufficient sewer for connection to the public sewer, in accord with Airway Heights requirements, unless specifically exempted therefrom in writing by the Director or Health Officer.

C. A separate and independent side sewer shall be provided for each parcel of land, except as authorized by the Director.

D. The side sewer provided shall connect said building, structure or property, and all toilets, commercial grease interceptors, oil/water separators, sand traps, pipes and fixtures therein used as a receptacle of or conductor of wastewater, to the public sewer. Except for existing commercial grease interceptors, oil/water separators and sand traps, all connections to drywells, cesspools, septic tanks or other on-site sewage disposal facilities shall be removed or bypassed, and said facilities shall be abandoned according to the Spokane County Health District and the City of Airway Heights regulations and/or standards. (Cross-reference: AHMC 13.06.1460.)

E. All excavations for building sewer installations shall be properly safeguarded with lights and barricades so that the same may not be a menace to public safety. All streets, sidewalks, alleys, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

F. Upon discovery of a violation of this section, a notice of noncompliance may be given to the owner, agent or person in possession, charge, or control of the premises and may allow up to 30 days for compliance; provided, a longer or shorter time may be set by the Director or Health Officer as may be deemed necessary to protect the public health and safety; provided further, in no event shall this extend the requirements of AHMC 13.06.780(E)(2). No notice is required prior to or as a condition of taking any enforcement action. (Ord. C-381, 1997)

13.06.800 Private sewer to serve only one parcel – Easements.

A. As an additional condition of allowing connection of a private sewer, the property owner may be required to execute and record at her/his expense an easement appurtenant to and for the benefit of premises crossed by a private sewer on a form supplied by the Director. Said easement shall be in a form approved by the City Attorney. It shall run with the land and allow perpetual access to said private sewer through all premises crossed. Grantors of property crossed by a private sewer shall mutually covenant to maintain said sewer for the use and enjoyment of all premises crossed or affected, as determined by the Director.

B. Said easement shall not be subject to revocation without the written approval of the Director. The City shall have no maintenance or repair obligations for said private sewer, and shall be held harmless from any liabilities or damages involving the private sewer. (Ord. C-381, 1997)

13.06.810 Multiple dwelling units – Owner-occupant duties.

A. Every owner, agent, and/or person in possession, charge, or control of any hotel, motel, mobile home park, condominium, apartment house, or other multiple dwelling unit arrangement shall furnish adequate means of disposing of wastewater originating from the premises, as are approved by the Director. This section is supplemental to authority which may be exercised by other City officials.

B. In cases of hotels, motels, mobile home parks, condominiums, apartment houses, other multiple dwelling unit arrangements, or any other areas the Director deems to require public sewer service, the Director may require multiple tenants or the property owners to appoint an agent or agents responsible and accountable to the City for making payment for public sewer service whenever multiple billings are deemed unreliable or inconvenient. Failure of an agent to discharge any duty imposed by this section shall not relieve any property owner, tenant, occupant, customer or any other person of any legal obligation imposed herein and the City reserves all rights and remedies at contract and law. (Ord. C-381, 1997)

13.06.820 Disorders on private premises – Prompt repair.

A. When any sewer, pipe, drain or on-site sewage disposal system located on private premises becomes obstructed, broken, out-of-order, or otherwise inoperative, the Health Officer or the Director shall, if the owner of such private facilities or his/her agent fails to correct the problem after two days’ notice to do so, and upon a determination that the public health and safety is or could be endangered thereby, cause such sewer to be removed, reconstructed, repaired, pumped, altered, or cleansed, as he may deem expedient, at the expense of the owner of such private facilities as aforesaid. No notice is necessary in cases of imminent danger to the public health and safety.

B. Said broken, obstructed, out-of-order, or otherwise inoperative sewers, pipes, or on-site sewage disposal systems are declared public nuisances which may be summarily abated at the sole expense of the premises owner and/or responsible persons, notwithstanding any other provision of this chapter. (Ord. C-381, 1997)

13.06.830 Nonstandard strength sewage – Special arrangements.

A. Nonstandard strength sewage shall be made to conform to standard strength sewage, consistent with the requirements of this chapter prior to discharge into the collection system and the POTW, at the generator or source’s sole expense and liability.

B. The Director may, however, by special agreement or arrangement, accept nonstandard strength sewage, subject to additional charges and terms as the Director deems appropriate. (Ord. C-381, 1997)

13.06.840 Duty imposed – Who is responsible.

A. Whenever this chapter imposes a duty on any identified person, party, or permit holder, said duty or obligation is imposed on said person, party or permit holder’s successors in interest, in addition, but not by way of limitation.

B. When this chapter imposes a duty or prohibition upon a customer, user, or other responsible party, said duty or prohibition applies in addition, and not by way of limitation, upon the owner of the realty upon which the wastewater source is located and upon all executive officers, managing agents and other persons in charge of the industrial or other facility generating the discharge. (Ord. C-381, 1997)

13.06.850 Unlawful disposal of sewage.

A. Except as authorized by this chapter, no person may dispose of sewage, water-carried wastes or polluted waters.

B. Sanitary sewage shall be disposed of only into sanitary or combined sewer, with proper payment of all fees or charges therefor, or to an authorized on-site sewage disposal system.

C. Industrial process wastewater and noncontact cooling water shall be disposed of only into a sanitary or combined sewer, or other sewer or place approved by the Director, with proper payment of all fees or charges therefor. (Cross-reference: AHMC 13.06.1600.) (Ord. C-381, 1997)

13.06.860 Prohibited uses of sanitary sewer.

A. No person may discharge or cause to be discharged any storm sewage or storm water into a sanitary sewer. (Cross-reference: AHMC 13.06.1600.)

B. It is unlawful to pump out sewage containers into a sanitary sewer. (Ord. C-381, 1997)

13.06.870 Use of storm sewers – Combined sewers – Natural outlets.

Except as hereafter provided, no person may discharge or cause to be discharged any wastewater, except storm waters, into a storm sewer. Additionally, notwithstanding the foregoing, noncontact cooling water or other wastewater (some unpolluted industrial process wastewater) may be discharged upon approval of the Director and the Eastern Regional Office of the Department of Ecology to a storm sewer, combined sewer, or natural outlet. Any such discharges shall not cross over a public walk or way. (Cross-reference: AHMC 13.06.1600.) (Ord. C-571 § 6, 2004; Ord. C-381, 1997)

13.06.880 Prohibited uses – Public sewers.

Absolute prohibited uses of a public sewer are set forth in AHMC 13.06.930 and 13.06.940. In addition to these requirements, no person shall directly or indirectly discharge or suffer or permit a discharge into any public sewer any of the following without previous written authorization from the Director and payment of all required fees and charges therefor:

A. The contents of any tank or container owned or used by any person in the business of pumping, collecting, transporting or receiving sewage, effluent, seepage, or other waste substances unless said person obtained prior testing and written consent, as required by the Director, and paid all fees assessed for such discharge; or

B. Any nonstandard strength sewage. (Cross-references: AHMC 13.06.380 and 13.06.1600.) (Ord. C-381, 1997)

13.06.890 Obstructing sewer prohibited.

No person may deposit any garbage, rubbish, dead animal or substance having a tendency to obstruct the flow of the sewer, access portal, manhole, lamphole, flush tank or sewer opening. (Cross-reference: AHMC 13.06.1600.) (Ord. C-381, 1997)

13.06.900 Breaking structures – Appurtenance prohibited.

No person may break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the wastewater collection system, including, but not limited to, any portal, manhole, lamphole, catch basin, pump station, power source, supporting structures or substrate, or any part whatsoever of a public sewer. (Cross-reference: AHMC 13.06.1600.) (Ord. C-381, 1997)

13.06.910 Unauthorized connection to public sewers.

No unauthorized person may uncover, make any connection with, open into, use, alter, damage, or disturb any public sewer or appurtenance thereof without first obtaining written permission from the Director, obtaining permits as required by this chapter, and paying fees therefor. (Cross-reference: AHMC 13.06.1600.) (Ord. C-381, 1997)

Article IV. Pretreatment

Part One. General Pretreatment Provisions

13.06.920 Objectives – Application.

A. This chapter establishes a wastewater pretreatment regulatory program for the City, consisting of requirements for collection system users and enables the City, and the city of Spokane, to comply with state and federal laws, including the Clean Water Act (33 USC 1251, et seq.) and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this chapter are to:

1. Prevent the introduction of pollutants into the collection system that will interfere with the operation of the POTW;

2. Prevent the introduction of pollutants into the collection system and the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW;

3. Ensure that the quality of the POTW sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations;

4. Protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public;

5. Improve the opportunity to recycle and reclaim wastewater and sludge from the POTW;

6. Provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW; and

7. Enable the city of Spokane to comply with its NPDES permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject.

B. This chapter applies to all persons, customers or collections systems users and ultimately POTW users, including federal, state or local governmental entities or agencies. It provides for the issuance of wastewater discharge permits; 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. (Ord. C-381, 1997)

13.06.930 Prohibited discharge standards – General prohibitions.

No person shall introduce or cause to be introduced into the collection system or the POTW any substance which:

A. Causes pass-through or interference;

B. Interferes with, inhibits or disrupts safe and efficient functions of the collection system and POTW, including its treatment process and operational safety;

C. Adversely affects the POTW’s physical, biological, chemical or radiological status;

D. Is a cause of any violation of the city of Spokane’s NPDES permit limitations;

E. Prevents or interferes with a City or city of Spokane selected sludge use or disposal program;

F. Consists of or contains dangerous wastes, as defined in Chapter 173-303 WAC, unless excluded pursuant to WAC 173-303-071(3)(a); or

G. Creates, proximately causes or poses a risk of any adverse impact upon the environment or upon human health or safety. (Cross-reference: AHMC 13.06.880.) (Ord. C-381, 1997)

13.06.940 Prohibited discharge standards – Specific prohibitions.

No person shall introduce or cause to be introduced into the collection system or the POTW the following:

A. Any substance which alone or by interaction with another substance, causes or tends to cause a fire, explosion, or physical or chemical injury to the POTW, plant operations or processes or plant personnel. Prohibited substances shall include, but are not limited to, wastestreams with a closed cup flash point of less than 140 degrees Fahrenheit or 60 degrees Celsius using the test methods specified in 40 CFR 261.21. Such substances shall further include, but not be limited to:

1. Alcohol,

2. Aldehyde,

3. Benzene,

4. Bromate,

5. Carbide,

6. Chlorate,

7. Ether,

8. Gasoline,

9. Hydride,

10. Kerosene,

11. Ketone,

12. Perchlorate,

13. Peroxide,

14. Sulfide,

15. Toluene,

16. Xylene, or

17. Any other substance which the City, city of Spokane, the Washington State Department of Ecology, or the EPA has notified the user is a fire hazard or hazard to the collection system or to the POTW;

B. Any substance having corrosive properties capable of causing damage or hazard to structures, equipment, or personnel of the collection system and POTW, but in no case wastewater with a pH lower than 5.0 or greater than 10.0;

C. Substances not adequately shredded or treated sufficiently to allow easy passage of wastewater flows through a public sewer;

D. Any substance, including oxygen demanding materials (BOD, etc.), released in wastewater at a flow rate and/or concentration which will cause interference with the POTW;

E. Wastewater heated to a level which will inhibit biological activity in the POTW resulting in interference, but in no case, wastewater which causes or creates a temperature at the point of entry at the POTW treatment plant exceeding 40 degrees Celsius (104 degrees Fahrenheit);

F. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through;

G. Substances which cause, create or result in the presence of toxic gases, vapors, or fumes within the POTW presenting immediate risk to City, or city of Spokane personnel health and safety;

H. Any trucked or hauled substances, except at discharge points designated by the City and by the POTW;

I. Substances which exceed the local limits, as provided in AHMC 13.06.990, or would be designated as “dangerous waste” under Chapter 173-303 WAC, Washington State Dangerous Waste Regulations;

J. Any substance which, because of a solid or viscous character, amount, or other reasons, may cause or contribute to obstruction of wastewater flows at any point in the POTW or result in interference;

K. Any toxic, noxious or malodorous substance in sufficient quantity to create a public nuisance or health hazard, or render the operation, maintenance or repair of any part of the collection system or POTW hazardous or unsafe;

L. Any substance causing the collection system and POTW effluent, sludge or by-product to be unsuitable for safe and lawful environmental release, disposal, recycling, reclamation or other use, or which would make such release, disposal, recycling, reclamation or other use more difficult or costly;

M. Any substance which imparts color to the POTW effluent under the following test:

1. Color, as a factor of turbidity, shall not cause the POTW effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10 percent of the seasonably established norm for aquatic life, or

2. So to cause a violation of the city of Spokane’s NPDES permit;

N. Slug load;

O. Wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director in compliance with applicable federal, state, or other governmental agency regulations;

P. Pollutants above either concentration or mass loading limits established by federal or state standards; or

Q. Other substances, including unpolluted water and noncontact cooling water, as may be determined by the Director in the exercise of reasonable discretion, in consideration of the objectives of the pretreatment program. (Ord. C-381, 1997)

13.06.950 Prohibited discharge standards – Prevention – To whom apply.

A. It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste.

B. It is unlawful to discharge to any natural outlet within the City, or any area under its jurisdiction, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment can be provided in accordance with subsequent provisions of this chapter.

C. As an additional and concurrent method of enforcing the provisions of the Uniform Plumbing Code relating to the discharge of substances into the public sewer system, the Director is authorized and directed to cut off the water service to any premises where the services are provided when there is a continuing discharge from the premises into the public sewer system of substances prohibited from discharge by the Uniform Plumbing Code, or as advised by the city of Spokane regional wastewater treatment facility, until such time as the owner or occupant of the premises shall take such steps as may be reasonable and necessary to exclude the prohibited substances from the public sewer system; provided, however, that the Director shall give notice of his intention to cut off the water service at least 10 days prior to the water cut-off date, the notice to be mailed to the owner or occupant of the premises at the address as shown on the records of the Department.

D. Prevention. Pollutants, substances or wastewater prohibited under AHMC 13.06.930 and 13.06.940 shall not be processed, stored or accumulated to create a discharge or risk of discharge into the POTW.

E. Application. AHMC 13.06.930 and 13.06.940 apply to all persons, regardless of whether they are also subject to categorical pretreatment standards or any other federal, state or local pretreatment standards or requirements. (Ord. C-381, 1997)

13.06.960 Prohibited discharge standards – Affirmative defenses.

A user shall have an affirmative defense in any action brought against it alleging a violation of the prohibited discharges in AHMC 13.06.930 and 13.06.940(C) through (G) where the user can demonstrate that it did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass-through or interference; and

A. A local limit designed to prevent pass-through and/or interference, as the case may be, was developed in accordance with 40 CFR 403.5.C for each pollutant in the user’s discharge that caused pass-through or interference, and the user was in compliance with each such local limit directly prior to and during the pass-through or interference; or

B. If a local limit designed to prevent pass-through and/or interference, as the case may be, has not been developed in accordance with 40 CFR 403.5.C of the pollutant(s) that caused the pass-through or interference, the user’s discharge directly prior to and during the pass-through or interference did not change substantially in nature or constituents from the user’s prior discharge activity when the POTW was regularly in compliance with the POTW’s NPDES permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal. (Ord. C-381, 1997)

13.06.970 Categorical pretreatment standards.

A. All industrial wastes shall be pretreated at the source to meet the minimum recommendations of the State Department of Ecology and State Health Department, and/or requirements established by the city of Spokane regional wastewater treatment facility.

B. The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471 are adopted and incorporated herein by reference as if fully set forth, as now or hereafter amended or revised. These standards specify limitations of quantities or concentrations of substances (pollutants) or substance (pollutant) properties which may be released into the POTW by new or existing sources in specific industrial categories listed in this chapter, 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N.

C. When a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

D. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not subject to the same standard, the Director may impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

E. A user may obtain a variance from a categorical pretreatment standard if the user shows, in accordance with procedural and substantive provisions of 40 CFR 403.13, and considering the objectives of the City’s pretreatment program and any evidence presented, that factors relating to the particular user’s discharge are fundamentally different from factors considered by the EPA in developing that particular categorical pretreatment standard. Such requests must be directed to the Washington State Department of Ecology, Water Quality Program Director, and granted consistent with 40 CFR 403.13(g).

F. A user may obtain a net gross adjustment to a categorical pretreatment standard in accordance with 40 CFR 403.15.

G. No user may increase the use of potable water or process water in any way, or mix separate wastestreams, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the applicable pretreatment standards. (Cross-reference: AHMC 13.06.460.)

H. The Director may impose mass limitations on users using dilution to meet pretreatment standards and in other appropriate cases. (Cross-reference: AHMC 13.06.130.) (Ord. C-381, 1997)

13.06.980 Applicable pretreatment standards violations – Upset affirmative defense.

A. Effect of an Upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the user can demonstrate, through proper documentation such as signed and verified contemporaneous operating logs or other reliable evidence that:

1. An upset occurred and its cause can be identified;

2. At the time of the upset, the user’s facility was operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and

3. Within 24 hours of becoming aware of the upset, the user orally advised the POTW, with a written report of the event within five days, as follows:

a. Provides a description of the discharge and cause of noncompliance;

b. States the period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

c. Describes the steps being taken or planned to reduce, eliminate and prevent a recurrence of the noncompliance.

B. Burden of Proof. In any enforcement proceeding, the party seeking to establish the occurrence of an upset shall have the burden of proof.

C. Limitations on Review of Director’s Decision on a Claim of Upset. In the exercise of sound discretion, the Director reviews any claims that noncompliance was caused by an upset. No Director’s decision made in the course of the review shall constitute a final action subject to any further appeal or review. Further review or appeal from an adverse Director’s decision of a claim of upset may occur only in an enforcement action brought for noncompliance with applicable pretreatment standards.

D. User Responsibility in Case of Upset. The user shall control production of all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss or failure to 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. (Source: 40 CFR 403.16; 46 CFR 9439, January 28, 1981, as amended at 53 CFR 40615, October 17, 1988.) (Ord. C-381, 1997)

13.06.990 Local limits.

A. No person shall cause any discharge into the POTW in excess of the local limits set forth in subsection (B) of this section. Said limits are expressed as concentration, or may be set by the Director in equivalent mass limits. Said limits shall be measured at the end of the pretreatment facility pipe, or, if no such sampling location, prior to mixing with other process wastewater or noncontact cooling water and apply unless prior written approval of the Director has been obtained.

B. Local limits are:


Material	Concentration (mg/L)
Arsenic	0.94
Cadmium	0.11
Cadmium	5.0
Chromium	1.4
Copper	0.49
Cyanide	0.49
Lead	0.32
Mercury	0.2
Nickel	3.98
Silver	0.43
Zinc	7.47
Fats, Oil or Grease	100.00 (Includes petroleum, animal and vegetable fats, and greases)

C. Consistent with the purposes of the wastewater pretreatment program and in the interest of public health, safety and welfare, the Director may adopt additional local limits or specific prohibitions on pollutants developed by the Director and consistent with 40 CFR 403.5(c) by regulation. Such limits or prohibitions are pretreatment standards for purposes of Section 307(d) of the Act.

D. Instantaneous limits may be established for all users, groups or specific users. They may be designed to ameliorate temporary or permanent discharge characteristics, or to accommodate any new or special temporary or permanent condition of the POTW, its effluent receiving water, or other environmental problem. For purposes of this section, “instantaneous limit” shall mean the maximum concentration or loading of a pollutant discharged at one time, as determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate. (Cross-reference: AHMC 13.06.940.) (Ord. C-381, 1997)

13.06.1000 Level of compliance effort – Unreasonable burden.

Every user shall use all known, available and reasonable methods of treatment and prevention to achieve compliance with the county’s wastewater pretreatment program contained in this chapter. In specific instances, upon a showing of unreasonable burden or hardship, the Director may limit, relax, condition discharge requirements, or impose temporary measures, to accommodate reasonable efforts to develop a full compliance effort, consistent with the purpose of the program and in the exercise of sound discretion. The Director does not waive federal or state standards; such waivers are subject to approval by the Washington State Department of Ecology. Nothing herein shall extend the compliance deadlines provided in AHMC 13.06.1070. (Ord. C-381, 1997)

13.06.1010 Construction of pretreatment facilities.

A. Users shall construct all necessary wastewater pretreatment facilities to meet the requirements of this chapter, and shall maintain the same in satisfactory operation, all at the user’s sole expense and liability.

B. Prior to commencing construction, a user must submit to the Director sufficiently detailed construction plans for the pretreatment facilities and receive approval. Prior to commencing operations, the user must submit operation and maintenance plans and procedures for the Director’s approval. Any subsequent proposal for modification, repair or change of the pretreatment facilities, or methods of operation or maintenance, are further subject to approval by the Director. No approval granted shall excuse a user from full responsibility to comply with the requirements of this chapter.

C. In addition to approvals referenced above, pretreatment facilities are subject to the permit, inspection and other building and construction requirements of SCC Title 11 and to the requirements of Chapter 173-240 WAC and WAC 173-216-110.

D. For construction requiring Washington State Department of Ecology approval, all plans, specifications and other pertinent information relating to proposed preliminary treatment facilities shall be submitted to the Director and to the Department of Ecology for approval. No construction of such facilities shall be commenced until such approvals are obtained in writing, fees paid and approval conditions met. (Cross-reference: AHMC 13.06.490.) (Ord. C-381, 1997)

13.06.1020 Side sewer manhole.

When required by the Director, the owner of any property served by a side sewer carrying industrial wastewater shall, within 90 days of notification, install a suitable manhole or access portal in the side sewer to facilitate observation, sampling and measuring the wastes. Such portal or manhole, when necessary, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Director. The portal or manhole shall be installed by the owner at his/her sole expense and liability and shall be maintained by the owner so as to be safe and accessible at all times. (Ord. C-381, 1997)

13.06.1030 Self monitoring – City inspections.

A. In order to ensure continued compliance with this chapter, the Director may require any user or customer to install sampling and monitoring equipment as necessary and maintain the same at all times in a safe and proper operating condition by the user or customer at its own expense. All devices used to measure wastewater flow and quality shall be calibrated to manufacturer’s specifications to ensure their accuracy.

B. Where deemed necessary to assure compliance with this chapter, the Director may further require any user or customer to install sampling and monitoring equipment as necessary and maintain the same at all times in a safe and proper operating condition by the user or customer at its own expense. All devices used to measure wastewater flow and quality shall be calibrated to manufacturer’s specifications to ensure their accuracy.

C. The Director is authorized to conduct inspections or take samples deemed necessary to enforce this chapter. Where a user or customer has security measures in force which require proper identification and clearance before entry into its premises, the user or customer shall make necessary arrangements so that, upon presentation of suitable identification, the City staff will be permitted to enter without delay for the purposes of enforcement or inspections required by this chapter or the Director.

D. Users or customers shall permit City inspectors or officials, without delay, hindrance or interference:

1. To inspect any facilities and sewage, and 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/customer’s operations;

2. To require a permittee to produce documents and business records for inspection and copying upon the Director’s request; and

3. To take samples of discharge.

E. All users must cooperate fully with the Director in his/her efforts to test, monitor, inspect and otherwise enforce this chapter. Required cooperation includes granting prompt entry access to any premises or facility containing a discharge source, treatment system, monitoring or testing facility, or relevant records.

F. No person may alter, tamper with, change, remove, damage or otherwise interfere with any discharge monitoring device or test, or alter, falsify, conceal or change any data or information acquired therefrom. (Ord. C-381, 1997)

13.06.1040 Sampling and analysis.

A. A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour flow-proportional composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The Director may waive flow-proportional composite sampling for any user that demonstrates that flow-proportional is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four 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 the pretreatment facilities if such exist, or immediately downstream from the regulated or manufacturing process if no pretreatment exists, or as determined by the Director and contained in the user’s permit. For users subject to categorical standards, if other wastewater is mixed with the regulated wastewater prior to allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the applicable pretreatment standards.

C. All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this chapter shall be determined, as appropriate or required by the Director, by an environmental laboratory accredited by the Washington State Department of Ecology (Chapter 173-50 WAC), and in accordance with the current edition of “Standard Methods for the Examination of Water and Wastewater,” a publication of the American Public Health Association, Inc., and/or current EPA approved procedures (40 CFR Part 136), and shall be taken at the control access portal or manhole provided for in AHMC 13.06.1020, or based upon suitable samples taken at said control manhole. In the event that no special access portal or manhole has been required, the control portal or manhole shall be considered to be the nearest downstream portal or manhole in the public sewer from the point at which the structure is connected.

D. All sample results submitted by or on behalf of a user or customer shall indicate the time, date and place of sampling, 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 more frequently than what was required in its permit, using the methodology specified in 40 CFR 136, it shall submit all results of sampling and analysis of the discharge as part of its self-monitoring report. The Director will follow the same procedures as outlined in subsections (A) through (D) of this section. (Ord. C-381, 1997)

Part Two. Wastewater Discharge Permit

13.06.1050 Wastewater discharge permit required.

A. Existing users of existing sources must apply for a wastewater discharge permit within 30 days of the effective date of the ordinance codified in this chapter. In addition, the Director may require any person identified by the Director as appearing to meet the definition of a significant industrial user to show cause why such person should not apply for a wastewater discharge permit. Thereafter, such person must apply for a permit within 30 days of being notified to apply by the Director.

B. A permit hereunder confers no property or other vested rights and does not excuse compliance with this chapter. Obtaining a wastewater discharge permit does not relieve a permittee 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. (Ord. C-381, 1997)

13.06.1060 Times to apply – New permits – Renewals.

A. Existing users or existing sources must apply for a wastewater discharge permit within 30 days of the effective date of the ordinance codified in this chapter. In addition, the Director may require any person identified by the Director as appearing to meet the definition of a significant industrial user to show cause why such person should not apply for a wastewater discharge permit. Thereafter, such person must apply for a permit within 30 days of being notified to apply by the Director.

B. New Users and New Sources. Not later than 90 days prior to the planned or actual commencement of discharge, new sources and new users shall apply for a permit and will be required to submit to the Director the items listed in AHMC 13.06.1080(I)(1) through (5).

C. Following application deadlines set forth in subsections (A) and (B) of this section, no user may commence or continue discharge without first receiving a permit from the Director. Such users shall also be required to include in their report information on the method of pretreatment they intend to use to meet applicable pretreatment standards. Such users shall give estimates of the information requested in AHMC 13.06.1080(I)(5) and (6). The Director will establish the schedule for completion of all required permit information as necessary.

D. Upon finding that a user otherwise meeting the criteria of significant industrial user has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the Director may at any time on his/her own initiative or in response to a petition received from a user, and in accordance with this chapter and 40 CFR 403.8(f)(6), determine that such user is not a significant industrial user.

E. Permit renewal applications must be submitted, in like form as an original application except as modified by the Director, 180 days prior to expiration of an existing permit. Renewal applications shall be signed and certified as provided in AHMC 13.06.1100. Incomplete, inaccurate or unsigned renewal applications are returned by the Director. The Director may permit an administrative extension of an existing, expiring permit, pending review of a timely renewal application, except to the extent the delay is caused by lack of cooperation by an applicant or other factors within an applicant’s control. (Ord. C-381, 1997)

13.06.1070 Compliance deadlines.

A. Categorical Users.

1. Existing sources must comply with the requirements of this chapter respecting categorical standards and any other applicable pretreatment standards no later than three years from the effective date of the standard, unless a shorter compliance time is specified in the appropriate subpart of 40 CFR Chapter I, Subchapter N.

2. New sources must comply with the requirements of this chapter upon enactment. Where new categorical standards are promulgated by the EPA hereafter, new sources are bound by such standards and compliance is required as of the date of promulgation. (Source: 40 CFR 403.6(b).)

B. Noncategorical Users.

1. Existing users must comply with the requirements of this chapter respecting applicable pretreatment standards other than categorical standards no later than 180 calendar days from the effective date of the standard, unless a shorter compliance time is specified by the adopting authority; provided, the Director may order a shorter period for local limits or any other applicable standard.

2. New users must comply with the requirements of this chapter upon enactment. Where new standards are promulgated hereafter, new sources are bound by such standards and compliance is required as of the date of promulgation.

C. Users who are both categorical and noncategorical users must comply with the most stringent applicable deadlines set forth herein. (Ord. C-381, 1997)

13.06.1080 Contents of application.

An application required under AHMC 13.06.1060 is also intended to fulfill the requirements of 40 CFR 403.12(b). The application shall include:

A. Fee. The permit fee in accordance with Article IX of this chapter.

B. General Information. The name, address and telephone number of the facility, operator, owners, authorized representative of the user and other identifying information requested by the Director.

C. Other Permits. A list of any environmental control permits held by or for the facility.

D. Description of Operations.

1. A description of the nature, average rate of production and standard industrial classification (SIC) of the operation(s) carried out at the facility; and

2. A schematic process diagram which indicates points of discharge to the POTW from the regulated or manufacturing processes.

E. Flow Measurement.

1. For flows regulated under categorical standards, users must submit information showing the measured average daily and maximum daily flow of industrial process wastewater, in gallons per day, to the POTW.

2. Where flows from other sources combine with regulated flow, users must submit information showing such information as determined necessary by the Director to allow use of the combined wastestream formula of 40 CFR 403.6(e).

3. For users not within subsection (E)(2) of this section, such persons must submit information showing the measured average daily and maximum daily industrial process wastewater flow, in gallons per day, to the POTW from the user’s total plant flow or individual manufacturing process flow, as required by the Director. (Cross-reference: AHMC 13.06.270.)

4. The Director may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

F. Pollutant Measurement.

1. The user shall identify the applicable pretreatment standards for each regulated process.

2. 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 by the Director) 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 AHMC 13.06.1040 and any related provisions.

3. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section. More sampling may be required by the Director where deemed necessary.

4. For categorical users, where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), adjusted limit along with supporting data shall be submitted as part of the application. For users not subject to categorical standards, where the Director develops alternate concentration or mass limits because of dilution, this adjusted limit, along with supporting data, must be submitted as part of the application.

G. Certification. A statement, signed by an authorized representative of the user in accordance with AHMC 13.06.1100 and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet the applicable pretreatment standards and requirements.

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, shall be submitted by the user within 60 days after the modified limit is approved.

H. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the applicable pretreatment standards, the application will reflect the schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable categorical pretreatment standard. (Cross-reference: AHMC 13.06.1220.)

I. Additional Information.

1. Description of activities, facilities and plant processes on the premises including a list of all raw materials, chemicals or supplies used, received or stored on-site which are or may be discharged to the POTW, whether accidentally or intentionally;

2. Number and types of employees, hours of operations (proposed or actual);

3. Each product produced by the facility, type, amount, process or processes and rate of production;

4. Type and amount of raw materials, including chemicals utilized, disclosed in average and maximum daily amounts;

5. 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. For each sewer, an inspection and sampling manhole or other structure with an opening of not less than 24 inches in diameter and an internal diameter of not less than 36 inches, containing flow measuring, recording and sampling equipment, shall also be shown, as required by the Director;

6. Disclosure of time and duration of discharges.

J. Acknowledgment. An acknowledgment that the applicant is familiar with the pretreatment standards and requirements applicable to its discharges and possible discharges and a showing that it has developed monitoring and pretreatment programs satisfactory to assure compliance with the best practical available technology.

K. Incomplete or inaccurate applications or applications not signed by an authorized representative of the user will be returned and do not comprise compliance with this chapter. (Ord. C-381, 1997)

13.06.1090 Confidentiality.

A. A person submitting or allowing the examination of data required by the Director in the performance of the regulatory purposes of the City’s wastewater pretreatment program may, by written request contemporaneous with the disclosure, stating in specific detail the data sought to be protected and the basis of the claim of confidentially, request the Director to keep in confidence information given under the program.

B. The person must segregate from other information the data sought to be protected at the time of submittal.

C. Requests for confidentiality may relate to trade secrets or similar commercially valuable information. Approval of confidentiality shall be subject to any applicable laws requiring the disclosure of public records information, and shall further not apply to requests by other governmental agencies for purposes relating to the NPDES or pretreatment programs or in any enforcement proceedings relating to this chapter. Wastewater constituents, characteristics, or other “effluent data” as defined in 40 CFR 2.302 may not be granted confidentiality protection.

D. In ruling on confidentiality requests, the Director, with the advice of the City Attorney, may consider the practices of federal and state agencies and the purposes of the program. A determination of confidentiality may be revoked upon reasonable notice to the person who submitted the confidential data. (Ord. C-381, 1997)

13.06.1100 Signing the permit application – Reports – Other.

All applications, reports or other documents submitted in connection with this chapter shall be signed by an authorized representative of the user and include substantially the following certification:

I certify under penalty of law that this document and all attachments were prepared by my review of the contents of all submittals, and that the contents are true, accurate and complete, based upon reliable information gathering procedures by trained and qualified personnel. I make this certification individually and as an authorized representative of the user.

I further certify that I am familiar with the requirements of Airway Heights’ Wastewater, and Spokane City’s Wastewater Pretreatment Program, as reflected in AHMC (Airway Heights Municipal Code) Chapter 13.06 Article IV, and understand the user, and myself personally, are subject to significant penalties for false, inaccurate or incomplete submittals under applicable laws, including fines and the possibility of imprisonment. I understand my personal responsibility to supplement promptly any submittal with updated and additional information as soon as it is known or, in the exercise of reasonable care, should be known.

(Ord. C-381, 1997)

13.06.1110 Decision on permit application.

Within 30 days of receipt of a properly completed permit application, including any additional information requested, the Director will determine whether the permit shall be issued and will notify the applicant. Upon a determination to issue the permit, public notice shall be given by publishing the same in the official newspaper of the City for two weeks, with a public comment period of 30 calendar days commencing with the date of first publication. Costs for publication rest with the applicant. No permit shall be final until the evaluation and review of any public comment(s) are submitted, including any response thereto by the applicant. Unless the Director determines a need exists for additional time, permit comments shall be reviewed and any permit shall become final or other action taken thereon within 30 days after the last date to receive public comment. (Ord. C-381, 1997)

13.06.1120 Permit terms required.

The Director will determine the permit terms, consistent with this chapter. A permit shall include the following terms:

A. Duration (in no case more than five years);

B. Statement of nontransferability without prior notice and approval, in accord with this chapter, with a copy of the existing wastewater discharge permit to the new owner or operator;

C. Effluent limits based on applicable general pretreatment standards in 40 CFR Part 403 and this article, categorical pretreatment standards, local limits, and any other state and local laws or regulations;

D. Self-monitoring, sampling, reporting notification and record keeping requirements, including an identification of the pollutants or substances to be monitored, sampling locations, sampling frequency and sample type, based on the applicable general pretreatment standards in 40 CFR Part 403 and this article, categorical pretreatment standards, local limits, and state and local laws and regulations, but no permit omission shall excuse compliance with this chapter;

E. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines; and

F. A statement of the possibility for permit modifications or revisions because of changing requirements in this chapter, the needs of the POTW, the public health and safety, to incorporate specific orders or an EPA promulgation of new federal pretreatment standards, additional state requirements or other reasonable basis. (Ord. C-381, 1997)

13.06.1130 Permittee obligations.

The following requirements apply to all persons required to apply for wastewater discharge permits, applicants, and permittee, and are requirements of the issuance and continued validity of all permits:

A. Compliance with all provisions of this chapter, including applicable pretreatment standards and requirements, any regulations or orders issued pursuant to this chapter and any specifically stated permit conditions;

B. Submission of true, accurate and complete application and reporting information and prompt addendum or update for any information changes;

C. The regulated party obtaining all other permits and approvals required by law; and

D. No discharges shall contain any new or increased pollutants or change the nature of pollutants when such discharge would not meet the applicable pretreatment standards, or cause the POTW to violate its NPDES requirements. (Ord. C-381, 1997)

13.06.1140 Slugload – Accidental discharge control plan.

A. Every two years or sooner, significant industrial users shall be evaluated as to the need for a plan to address slugload problems. The results of such activities shall be available to the approval authority upon request.

B. When required, slugload control plans shall include:

1. A description of discharge practices, including nonroutine batch discharges;

2. A description of stored chemicals;

3. Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b) or this chapter, with procedures for follow-up written notification within five days;

4. Where required by the Director, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operation, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing pollutants (including solvents), and/or measures and equipment for emergency response (Source: 40 CFR 403.8(f)(2)(v)); and

5. A review of any requirements or suggestions from the Washington State Department of Ecology. (Ord. C-381, 1997)

13.06.1150 Permit performance security.

When deemed necessary in the exercise of reasonable discretion, the Director may issue orders or develop regulations regarding the posting of surety or other bonds to ensure full performance of all permit requirements to enhance and assure enforcement capability, either for a specific applicant or class, or in general. If a bond is required, its renewal may be a condition of continued validity of a permit. (Ord. C-381, 1997)

13.06.1160 Permit transfer.

A. Permit holders shall submit requests for transfer of permit privileges and duties in writing to the Director. Such a request shall reflect:

1. The permittee’s and transferee’s full name and address;

2. The reason for the transfer request and a proposed date for the transfer;

3. A statement that the transferee is fully familiar with permit conditions and facility operations, and understands and accepts the obligation for full permit compliance, and that no requests for permit modifications are planned or reasonably foreseeable. Any request for permit modification is handled under AHMC 13.06.1170; and

4. The transfer request shall be signed and certified as provided in AHMC 13.06.1100 by an authorized representative of the permittee and proposed transferee.

B. Requests, including any additional information required by the Director, shall be submitted no later than 30 days prior to the proposed effective date, unless otherwise approved in writing by the Director.

C. Failure to obtain approval prior to transfer renders any permit automatically void as of the date of the facility transfer. (Ord. C-381, 1997)

13.06.1170 Permit modification.

A permit may be modified:

A. To incorporate new or otherwise determined applicable federal, state or local requirements not included in the permit, including revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

B. Where deemed necessary by the Director because of changes in the user’s operating processes, wastewater volume or character since the time of issuance of the permit;

C. Where deemed necessary by the Director because of changes in the POTW related to the need for temporary or permanent reduction or elimination of permitted discharges;

D. Where deemed necessary by the Director because of safety or efficiency of operations of the POTW, safety of the receiving waters, other environmental concerns, or safety of Spokane County, City of Airway Heights or city of Spokane personnel;

E. To address violations of a permit or because of misrepresentations or misunderstandings about information supplied or not included in the Director’s permit file;

F. Because of typographical or clerical errors; or

G. Upon application, because of a transfer of ownership of the permittee’s facility or other significant permittee business changes since the time of permit issuance, upon a showing of unreasonable burden, as provided in AHMC 13.06.980. No modification may be granted because of transfer unless the permit is transferred in accordance with AHMC 13.06.1160. (Ord. C-381, 1997)

13.06.1180 Permit revocation.

The Director may revoke a permit for good cause. Good cause shall include, but not be limited to:

A. Violations of the permit or this chapter, including any applicable pretreatment standard, permit condition or order of the Director;

B. Misrepresentations, inaccurate, incomplete information or data in the permit application or in any other reports or documents submitted by the permittee, or required to be submitted by the Director or this chapter;

C. Failure to update any information or data previously submitted or notify the Director of changed conditions under AHMC 13.06.1250 or significant changes planned or experienced in the permittee’s wastewater discharge;

D. Falsifying or failing to timely submit self-monitoring reports, or tampering with monitoring equipment;

E. Failure to meet effluent limitations, compliance schedules, or other reporting or monitoring requirements;

F. Failure to allow the Director access to records or the premises for inspection or other enforcement purposes;

G. Failure to complete, supplement and timely submit a permit application, transfer or modification request, or commencement of operations for which permit action is requested prior to approval of the same; or

H. Upon issuance of a new permit, granting of a request for transfer or modification, any prior permits issued are automatically revoked and void. (Ord. C-381, 1997)

13.06.1190 Appeals.

A. Appeals from the Director’s decision respecting any permit or application must be submitted in writing, filed with a Hearings Examiner designated by the City, with a copy served on the Director no later than 30 calendar days from the issuance date given by the Director for his/her decision. The appeal shall also be served on the permit applicant if the appealing party is other than the applicant.

B. An appeal shall specify:

1. The identity and interest of the party appealing;

2. The decision or parts of the decision to which the appeal is directed, the reasons for the appeal, including a summary of facts and legal authorities, and any alternatives to the decision desired to be considered;

3. Contain copies of any permit application or permit granted which relate to the subject matter of the appeal or clearly reference all documents or other information to support the appeal; and

4. If the appellant is a permit holder or applicant, be signed and certified as provided in AHMC 13.06.1100.

C. Untimely, incomplete or unsigned appeals shall be returned by the Hearings Examiner. Upon receipt of a timely, signed appeal, in proper form, the Hearing Examiner shall publish notice of the appeal in the City’s official newspaper, with a time and place for a hearing thereon, which shall be no later than 45 days from the date the appeal is received. The Examiner shall proceed to conduct the hearing with such procedures deemed necessary or convenient to the hearing process.

D. Upon conclusion of the hearing and submittal of any additional materials requested by the Examiner, a decision on the merits shall be entered within 20 days thereafter. The Examiner may affirm, reverse or modify the Director’s decision. The Examiner’s decision shall be final.

E. Failure to file and serve a timely appeal in proper form waives the right to seek further administrative review, and the applicant shall be deemed to have accepted the Director’s decision.

F. The effectiveness of the Director’s decision shall not be stayed or superseded pending further appeals or review of his/her decision unless ordered by the Director, conditioned upon the posting of such security or other actions as the Director may require. (Ord. C-381, 1997)

Part Three. Wastewater from Other Jurisdictions

13.06.1200 Wastewater from other jurisdictions – Interlocal agreements.

A. Acceptance by the City’s POTW of wastewater conveyed through the City’s general sewerage system from locations outside of the City’s sewer service area is contingent upon satisfying the requirements of this section.

B. Any other governmental entity with jurisdiction over any person, customer or user desiring to discharge or continue discharging wastewater into the POTW through the City’s general sewerage system shall enter into an interlocal agreement with the City in conformity with Chapter 39.34 RCW as the same may apply, which shall include, but not be limited to, the following information and terms:

1. General constituents and volumes of wastewater discharged;

2. A list of all sewer service customers in the contributing government’s territorial jurisdiction, and a promise to maintain and update said list on at least an annual basis, together with any other information requested by the Director;

3. Agreement by the contributing governmental entity to adopt and make all necessary arrangements to administer and enforce within its jurisdictional boundaries, an ordinance, regulation or role at least as stringent as this chapter with respect to the requirements of this article, and to update the same to conform to changes in the AHMC, all consistent with the City’s pretreatment program, as now or hereafter implemented;

4. Sets forth which regulatory responsibilities enunciated in this section will be performed by which governmental entity and which will be delegated;

5. Specifies which, if any, administrative and enforcement powers and functions of the pretreatment program will be delegated and to which governmental or other entity, as the agent of the contributing governmental or other entity, and pledging to pay all costs of administrative and enforcement functions and powers delegated not otherwise covered by permit fees remitted to the enforcing government;

6. Respecting any such powers or functions reserved by the contributing governmental entity, provides that in the event of any failure or default by said entity in the performance of the reserved functions or powers, the Director, upon 30 days’ notice or other reasonable time set by the Director, may elect to assume said powers or functions, as the agent of and at the expense of the contributing governmental entity, to the extent permitted by law, or may compel performance of such functions by the contributing governmental entity;

7. Agreement that all permit applications, reports, data, inspections or other documents relating to extraterritorial discharges are accessible by the Director and not protected by any right of direct access to and inspection of any extraterritorial source of wastewater, including facilities, operations, sampling or monitoring equipment, logs or data, in whatever form;

8. Any desired limits on the constituents or volumes of wastewater originating from the contributing governmental entity; and

9. Remedies for breach. (Ord. C-381, 1997)

Part Four. Reporting Requirements

13.06.1210 Baseline monitoring report.

A report with items listed in AHMC 13.06.1080(B) through (H) and signed as provided in AHMC 13.06.1100 shall be submitted to the Director. (Ord. C-381, 1997)

13.06.1220 Compliance schedules – Progress reports.

A. Compliance schedules for meeting applicable pretreatment standards 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. Incremental tasks including hiring an engineer or other personnel, completing preliminary plans, completing final plans, executing contract(s) for major components, commencing construction, and completing construction. No time lapse between incremental tasks shall exceed nine months.

B. The user shall submit a progress report no later than 14 calendar days following each date in the schedule and the final date for compliance, to the Director 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 established schedule. In no event shall more than nine months elapse between such progress reports.

C. New sources shall install, have in operating condition, and shall “start up” all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. (Cross-reference: AHMC 13.06.1010.) (Ord. C-381, 1997)

13.06.1230 Ninety-day compliance report – Applicable pretreatment standards.

A. A compliance report, signed as required in AHMC 13.06.1100, shall be submitted to the Director within 90 days following the date for final compliance by a user for applicable pretreatment standards, or, in the case of a new source, within 90 days following commencement of discharge. The report shall contain those items listed in AHMC 13.06.1080(E) through (I).

B. For users subject to equivalent mass or concentration limits established by the Director in accordance with procedures established in 40 CFR 403.6(c), the compliance 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), the report shall include the user’s actual production during the appropriate sampling period. (Ord. C-381, 1997)

13.06.1240 Semiannual continuing reports.

A. All SIUs performing self-monitoring must submit a written report to the Director in June and December of each year, unless another biannual schedule is ordered by the Director. The report must specify the content of all user wastewater, based on current sampling (in at least six-month intervals) and as prescribed in the wastewater discharge permit. The report must be signed in accordance with AHMC 13.06.1100 except to the extent sampling is through direct City monitoring.

B. Sampling shall be representative of the user’s daily operations and shall be taken in accordance with the requirements specified in AHMC 13.06.1040. Wastewater monitoring and flow measurement facilities shall be properly operated, cleaned and maintained in good working order. Failure to accomplish this is not grounds for a user to deny a sample is representative. User monitoring more frequently than required by the Director shall be included in any report if in accordance with the specifications of AHMC 13.06.1020.

C. The report shall include a record of concentrations (and mass, if specified in the wastewater discharge permit) of pollutants listed in the permit and a record of all flow measurements (average and maximum) taken at the designated sampling locations, and other information required by the Director or this chapter. Production data, as required in the permit, shall also be included. Daily maximum and average concentration (or mass, if required) must be reported. Users sampling more frequently than required, using methods in 40 CFR Part 136, shall report the results.

D. The Director may require self-monitoring by the user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section at the user’s expense. The user shall be billed for any periodic compliance monitoring accomplished by the City. The Director is under no obligation to perform periodic compliance monitoring for a user. (Ord. C-381, 1997)

13.06.1250 Changed conditions report.

A. Each user shall notify the Director of any planned significant changes to the user’s operations, system or processes which significantly affect the user’s wastewater nature, constituents, quality, characteristics, volumes or storage of chemicals, including the commencement of discharge of any prohibited or limited substance and the addition of any process covered by the national categorical pretreatment standards, occurring since previous information was submitted. For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20 percent volume or greater, either of a pollutant or total volume, or the discharge of any previously unreported pollutant.

B. User notification shall be signed in accordance with AHMC 13.06.1100 and received by the Director at least 30 days before the change. Where a change was unplanned and not reasonably foreseeable, the report shall be filed with the Director within three business days after any change in operations. Such report shall not excuse full compliance with permit conditions. Additionally, users remain responsible to obtain the Director’s approval prior to initiating any discharge in violation of an applicable pretreatment standard.

C. The Director may require the user to submit any additional information as deemed necessary, including filing an application for a wastewater discharge permit, in whole or part. The Director may determine a user is an SIU, issue a wastewater discharge permit, or modify or revoke an existing permit.

D. Any SIU holding a wastewater discharge permit incorporating equivalent mass or concentration limits shall notify the Director within two business days after the permittee has a reasonable basis to know that the production level will significantly change within the next calendar month. Any permittee not providing a notice of such anticipated change will be required to comply with the existing limits contained in its permit. (Ord. C-381, 1997)

13.06.1260 Slugload, upset, prohibited discharge reports and notices.

A. All users are required to provide immediate telephonic notification to the Director upon the occurrence of a slugload, upset or any other prohibited discharge. The notification must include the location, date and time of the discharge, the type of waste, concentration and volume, and indicate corrective actions taken and proposed. Users shall retain a record, for City inspection, of the user caller’s identity, time of call and person reached.

B. The user shall file a written report with the Director within five days following the discharge:

1. Describing the occurrence, its cause and its impact upon the user’s compliance with the wastewater pretreatment program and the wastewater discharge permit;

2. Stating the duration of the noncompliance in exact dates and times and, if noncompliance is continuing, the expected time of compliance; and

3. Detailing steps which have been and will be taken to correct the violation and prevent a recurrence.

C. A timely filed report, with good and complete documentation, signed by an authorized representative of the user and accepted as complete and accurate by the Director, constitutes a defense to a criminal enforcement action brought by the City for violation of this chapter or the wastewater discharge permit against a user, to the extent the violation occurred during the period of upset or other accident. However, submittal of such report does not relieve the persons responsible of any expense, loss, damage or other liability which may be incurred, including liability for damages sustained by the City or third parties.

D. Every user shall post and maintain in a prominent place a notice to employees advising them whom to call in the event of a prohibited discharge and shall ensure that all employees are advised of the emergency notification procedure. (Ord. C-381, 1997)

13.06.1270 Sample violation report.

If sampling performed by a user indicates a violation, the user shall notify the Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling within five days and submit the results of the repeat analysis to the Director within 30 days after becoming aware of the violation, except that the user is not required to resample if:

A. The Director performs sampling at the user’s location between the time when the user performs its initial sampling and the time when the user receives the results of this sampling. (Ord. C-381, 1997)

13.06.1280 Dangerous waste notification.

A. Users discharging dangerous wastes as now defined or hereafter provided in Chapter 173-303 WAC (listed, characteristic or criteria wastes) are required to provide a one-time notification in writing to the Director and the Washington State Department of Ecology, Eastern Region Dangerous Waste Unit. Any user shall comply with the requirements contained herein within 30 days of becoming aware of a discharge of dangerous wastes to the POTW.

B. Such notification shall include:

1. The name of the dangerous waste as set forth in Chapter 173-303 WAC;

2. The dangerous waste number; and

3. The type of discharge (continuous, batch or other).

C. If a user discharges more than 100 kilograms of such waste per calendar month or batch to the sewer system, the notification in subsection (B) of this section shall also contain the following information to the extent that it is known or readily available to the user:

1. An identification of the hazard constituents contained in the wastestream;

2. An estimation of the mass and concentration of such constituents in the wastestreams discharged during the calendar month or batch; and

3. An estimation of the mass of constituents in the wastestreams expected to be discharged during the following 12 months.

D. These notification requirements do not apply to pollutants already reported under the self-monitoring requirements.

E. Whenever the Washington State Department of Ecology publishes final rules identifying additional dangerous wastes, new characteristics or criteria of dangerous waste, a user shall notify the Director and the Department of Ecology, Eastern Region Dangerous Waste Unit, of the discharge of such a substance within 90 days of the effective date of such regulations. (Cross-reference: AHMC 13.06.930(F).) (Ord. C-381, 1997)

13.06.1290 Bypass notification.

A. “Bypass” means the intentional diversion of wastewater or waste streams from any portion of the user’s treatment facility.

B. “Severe property damage” means major physical damage to real or personal property to the extent that treatment facilities would be caused to become inoperable, or substantial and permanent loss of natural resources. In general, the expenses created by the damage should exceed $1,000,000; provided, that severe property damage does not mean economic loss caused by delays or shut downs in production.

C. If a user knows in advance of the need for a bypass, it shall submit a written request for approval to the Director at least 10 days before the date of the bypass. A user shall give immediate oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time the user becomes aware of the bypass. A written submission shall also be provided within five calendar days of the time the user becomes aware of the bypass. The written submission shall contain:

1. A description of the bypass and its case;

2. The duration of the bypass, including exact dates and times;

3. If the bypass has not been corrected, the anticipated time it is expected to continue; and

4. The steps being taken or planned to reduce, eliminate and prevent reoccurrence of the bypass.

D. The Director may waive the written report requirement on a case-by-case basis if the oral report has been received within 24 hours.

E. Unapproved bypasses constitute a violation of this chapter unless the responsible party establishes, to the Director’s satisfaction, that:

1. It does not cause pretreatment standards or requirements to be violated, and it is for essential maintenance to assure efficient facility operations; or

2. It was unavoidable to prevent bodily injury or loss or life, or severe property damage; or

3. No feasible alternatives existed. Feasible alternatives include the use of auxiliary treatment facilities, retention of untreated wastes, revised maintenance schedules during plant down time or like options; and

4. The user submitted notices required under subsection (C) of this section.

F. The defenses in subsection (E) of this section do not apply if adequate back-up equipment could have been installed in the exercise of reasonable engineering judgment and foreseeability. (Ord. C-381, 1997)

Part Five. Administrative Provisions

13.06.1300 Retention of records.

A. All users, customers or persons submitting or required to submit information under the provisions of this chapter shall retain and preserve for no less than five years all records, books, documents, memoranda, reports, correspondence and summaries thereof. With respect to reporting or monitoring requirements, required information to be kept and maintained shall specifically include the date, exact place, method, time of sampling, name of sampler, dates any analyses were performed, and who performed the analyses.

B. All records pertaining to a matter which is the subject of an enforcement action or litigation must be retained and preserved until all enforcement activities and litigation have concluded and all periods of limitation for all appeals have expired.

C. Records or materials required to be retained shall be made available for inspection and copying by the Director at a location within the City of Airway Heights in a format for convenient access. (Ord. C-381, 1997)

13.06.1310 Director’s authority.

A. In the exercise of sound discretion and in consideration of the purposes of the program and the interests and public health, safety and general welfare, the Director administers and interprets the City’s wastewater pretreatment program and this chapter and determines all questions arising thereunder. The Director’s decisions are final except as otherwise specifically provided.

B. The Director may promulgate regulations, including prohibitions to specific discharges. A notice of public hearing to adopt applicable regulations will be published once in the City’s official newspaper a minimum of 10 calendar days in advance of the hearing by the City Council to adopt said regulations. Users are encouraged to subscribe to such newspaper.

C. The Director may issue warning notices and enforcement orders to entities, as necessary, to enforce the program upon such reasonable notice as the Director deems proper.

D. The Director may take such remedial measures as the Director deems necessary to enforce the program, including intervention and takeover of a user’s pretreatment, monitoring and testing efforts, direct development and correction of the same, and/or adopting or adjusting user’s activities responsible for a violation. The Director may require the installation of such preventive devices and the modification of such processes and activities deemed necessary to avoid future violations. Where the Director deems necessary, for enforcement, as a corrective measure or to protect the public health and safety, sewer or water service to the premises concerned may be stopped, suspended, restricted, or conditioned, with or without a show cause proceeding. All actions taken pursuant to the authority of this chapter shall be at the user’s sole expense and liability.

E. The Director may establish procedures to resolve disputed questions of fact or liability within the scope of his/her authority, including the submission of verified statements, records and/or samples.

F. The Director may order a public hearing on a permit application when questions of general public interest may arise. The hearing may be convened by the Director or referred to a public works committee as designated by the City. The Director may publish, at the applicant’s expense, notice of a permit issued in the City’s official newspaper.

G. The City, acting through the Director, reserves and asserts all right and authority to enforce state or federal pretreatment requirements as an agent of the state or federal government or as a participating agency in a POTW, and to recover the costs of such enforcement from the violator, the delegating agency or a participating agency as the law may allow.

H. The City further reserves the right, either directly or through a POTW participating agency, to negotiate compliance as a contractual condition of providing public sewer or water service, including liquidated damages, specific performance and other contractual remedies for breach. (Ord. C-381, 1997)

13.06.1320 Enforcement remedies.

In addition to the general provisions above, the Director is specifically authorized and empowered to use any of the enforcement remedies listed below, not by way of limitation of any other emergency or enforcement action against a user or violator, including civil or criminal prosecution. Failure of an affected party to respond in a timely manner or to abide by the result of any administrative proceeding initiated under this section shall be deemed a failure of the affected party’s right to exhaust available administrative remedies, consent to entry of an adverse determination, and a violation of this chapter.

A. Notice of Violation. Where the Director finds a person subject to this chapter has violated any provision thereof, the Director may issue a notice of violation, requiring the recipient to explain the violation and submit a remedial plan to correct the same within 10 days of receipt of the notice or other time set forth therein.

B. Consent or Unilateral Compliance Order. The Director may enter an administrative or judicially sanctioned consent order establishing agreement with any user or other person regulated under the authority of this chapter. If consent is not obtained, the Director may issue a unilateral compliance order. Such order shall state any specific action agreed upon between the parties, the costs and responsibilities, a time period for compliance and any specific penalties, forfeiture of bond or other security required to be posted or other consequences. Consent orders shall contain a provision of no contest to the entry of a judgment of forfeiture or other appropriate relief in the event of violation of the consent order.

C. Show Cause Order. Whenever the Director determines that there is or may be a violation of any provision of this chapter, including regulations and orders made thereunder, the Director may require any person, upon 10 days’ notice or in such other time as is deemed proper, to show cause why sewer service and/or discharge permit privileges should not be suspended, conditioned, or revoked, or other enforcement consequences stated occur, on account of circumstances appearing to the Director and, further, may require a person to establish proof of compliance. The show cause order shall be served personally or by certified mail upon the party affected. Specific grounds for termination of sewer service shall include:

1. Violation of wastewater discharge permit terms or conditions;

2. Failure to submit timely and accurate reports or data required hereunder;

3. Refusal of records or access to premises required hereunder;

4. Failure to report significant changes in operations or in wastewater volume, constituents or characteristics prior to discharge; or

5. Violation of the prohibited discharge, categorical standards, or local limits set forth in AHMC 13.06.910 through 13.06.970.

D. Violations of any requirement imposed under the authority of this chapter shall, in addition, be a public nuisance and subject to summary abatement or the commencement of a judicial proceeding to abate the same, all at the violating party’s sole expense and liability.

E. Emergency Action.

1. The Director may immediately, with or without such notice and hearing as deemed expedient or proper, suspend a user’s discharge to prevent or avoid danger to environment or to the public health and safety, including the continued safe and efficient operation of the POTW and the safety of POTW personnel.

2. To accomplish the suspension, the Director may take all due and necessary action, including severance or obstruction of any sewer connection, whether on public or private property, until the Director is satisfied that the danger is removed.

F. Civil or Criminal Prosecution. The Director may request the prosecuting attorney to initiate civil and/or criminal prosecution, including but not limited to the seeking of a permanent or temporary injunction to restrain or compel the performance of any action or duty as required under the authority of this chapter. (Ord. C-381, 1997)

13.06.1330 Publication of violators list.

A. The Director shall cause to be published at least annually in the City’s official newspaper a list of users which, at any time during the previous 12 months, were in significant noncompliance, as determined by the Director under this section, with applicable pretreatment requirements.

B. For the purpose of this section, a user is in significant noncompliance if the user or its violation meets one or more of the following criteria:

1. Is a repeated violator of applicable pretreatment standards or requirements or other wastewater discharge limits, defined herein as those in which 66 percent or more of all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

2. Is a violator of technical review criteria (TRC), defined herein as those in which 33 percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

3. Violates other pretreatment effluent limits (daily maximum or longer-term average) that the Director determines have caused, alone or in combination with other discharges, interference or pass-through, or endangered the health or safety of POTW personnel or the general public;

4. Discharged a pollutant that has endangered human health, welfare or created significant environmental damage or has resulted in the POTW’s exercise of its emergency authority under paragraph (f)(1)(vi)(B) of 40 CFR 403.8 to halt or prevent such a discharge;

5. Failed to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

6. Failed to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

7. Failed to accurately report on compliance; or

8. Is responsible for any other violation or group of violations which the Director determines adversely affect the operation or implementation of the wastewater pretreatment program. (Ord. C-381, 1997)

Article V. Grease Interceptors, Oil/Water Separators, Sand Traps

13.06.1340 Grease interceptors.

Any commercial food facility which generates grease waste shall include a grease interceptor as part of their sewer, or where required by the Director, the division of building and planning, or the Health Officer, including but not limited to hotels, boardinghouses, restaurants, or food processing facilities. Grease interceptors may be located inside or outside the structure. Design and construction specifications are included in the Sewer Standards Handbook. Design and operation shall satisfy the limits contained in AHMC 13.06.990. (Cross-reference: AHMC 13.06.1460.) (Ord. C-381, 1997)

13.06.1350 Oil/water separators – Sand traps.

Any commercial facility which discharges petroleum and/or settleable granular particle wastes shall include an oil/water separator and sand trap as part of their sewer system, or where required by the Director, the division of building and planning, or the Health Officer. Such commercial facilities include, but are not limited to, car washes, automotive repair/maintenance facilities, and petroleum stations. Design and construction specifications are included in the Sewer Standards Handbook. Design and operation shall satisfy the limits contained in AHMC 13.06.990. (Cross-reference: AHMC 13.06.1530.) (Ord. C-381, 1997)

13.06.1360 Reserved.

See AHMC 13.06.1460. (Ord. C-381, 1997)

13.06.1370 Grease interceptors, oil/water separators, sand traps – Maintenance.

Where installed, all grease interceptors, oil/water separators, and sand traps shall be maintained by the owner, at his/her expense and liability, in good order and condition at all times. Existing outside grease interceptors connecting to public sewer shall be pumped and inspected by a licensed septic tank pumper prior to connection to the public sewer. If the grease interceptor fails the inspection as not being up to county standards, such grease interceptor will have to be repaired or replaced. All grease interceptors shall be inspected every six months and pumped as needed by a licensed septic tank pumper; there shall be a minimum of one pumping per year. Upon request from the Director, the owner shall provide receipts of inspections and/or pumping. The owner shall keep all receipts for a one-year period. If proper inspection and/or maintenance is not provided, the Director may order the same performed, and all costs incurred, including any related clean-up of the public sewer shall be billed as an additional utility service to the premises concerned. Expenses charged shall include, but are not limited to, pumping, inspection, correcting the problem and cleaning the public sewer. (Ord. C-381, 1997)

Article VI. Sewer Construction*

* (Cross-reference: AHMC 13.06.910.)

13.06.1380 Sewer installers.

Construction of sewers shall only be performed by state of Washington licensed and bonded contractors or by the owner of the property that is to be served by the sewer. Owner installation may be subject to the Director’s approval. (Ord. C-381, 1997)

13.06.1390 Inspections.

A. All public and private sewer construction, repairs, alterations, extensions and abandonment shall be inspected by the Director.

1. One working day’s notice is required for scheduling inspections of sewer installation. Same-day sewer inspection requests shall be dependent upon time allotments and inspector availability. The Director reserves the right to set the sewer inspection times.

2. Requests to have inspections occur before or after normal work hours or on weekends or holidays are subject to the approval of the Director. An extra fee shall be assessed by the Director to cover weekend or holiday inspections and shall be received by the City no later than the preceding workday to the weekend/holiday inspection. (Cross-reference: AHMC 13.06.1530(C).)

3. All costs incurred to remedy noncompliance shall be borne entirely by the owner and/or the owner’s contractor. A copy of sewer connection permit shall be available at the job site and readily accessible to the inspector.

4. All sewers subject to inspection must be inspected and found satisfactory before any trench may be backfilled or any sewer covered unless adequate length and in good condition on the job or a sloping trench so that the inspector can enter the trench. If the inspector deems a trench unsafe, he/she need not enter it or complete the inspection. All requirements of the Washington State Department of Labor and Industries shall be observed at all times by the installer.

5. Call back inspection fees may be assessed to the installer for:

a. Re-inspections due to violations of this chapter or incorrect installations;

b. Partial inspections; or

c. Not being ready at scheduled time (if installer did not call to cancel or reschedule at least one-half hour in advance). (Cross-reference: AHMC 13.06.1530.)

B. The Health Officer will permit or inspect on-site sewage disposal systems as defined in Spokane County Health District rules and regulations for sewage disposal systems. (Ord. C-381, 1997)

13.06.1400 Sewer connection permit required.

A. A sewer connection permit as authorized by the Director and issued by the Division of Building and Planning is required in order to construct, repair, alter, extend or abandon any side sewer.

B. For a single-family residential unit, one permit is required for each separate ownership building connecting to the sewer.

C. For a condominium, townhouse, duplex, triplex or fourplex with separate ownership (as determined by lot lines), separate address and separate stub, one permit is required per address per stub.

D. For a single building duplex, triplex or fourplex with single ownership, one permit is required.

E. For multiple buildings (apartments, industrial complexes) with single ownership, one permit is required per building connecting to the sewer.

F. Sewer connection permit requirements not specifically covered above shall be as determined by the Director. (Ord. C-381, 1997)

13.06.1410 Sewer ULID waiver agreement.

A. Where an owner of property seeks to connect to the POTW, and the Director determines either that lateral service is unavailable or that public sewer service is being provided on an interim basis, such owner shall obtain from the Director, as a condition of connection, a sewer waiver agreement for a utility local improvement district (ULID) sewer assessment. Said agreement shall provide that the signatory:

1. Waives the right to protest the establishment of any ULID for the installation of a public sewer which may be proposed; and

2. Joins in said ULID petition creating said district.

B. The owner shall record and pay all filing fees required for the recording of the sewer waiver agreement with the County Auditor. (Ord. C-381, 1997)

13.06.1420 Costs of installation and connection – Indemnity.

A. All costs incident to the installation and connection of a side sewer, special side sewer or private sewer shall be paid by the owner.

B. The owner and/or state of Washington licensed and bonded contractor performing sewer installation and connection shall indemnify the City from any loss, liability, or damage that may directly or indirectly be occasioned by the installation of the owner’s side sewer, dry side sewer, special side sewer or private sewer, and shall be responsible to repair and restore any defects or problems in the vicinity of said construction. Responsibility includes but is not limited to damage done in or to the public right-of-way. (Ord. C-381, 1997)

13.06.1430 Extensions – Risk.

In cases of extension, construction or reconstruction of all or any portion of a side sewer, the owner and/or his/her state of Washington licensed and bonded contractor is responsible for the proper functioning of the entire side sewer including the sewer stub, and shall indemnify and hold harmless the City for any cost, expense, loss, liability or damage caused by any malfunction of said side sewer. This section also applies to special side sewers and private sewers. (Ord. C-381, 1997)

13.06.1440 Eligibility for sewer connection permit.

A. A sewer connection permit will be issued only to current Washington State licensed and bonded contractors, the owner of property to be served by the sewer, or the owner’s authorized agent (who shall not be the licensed contractor) in the owner’s name. Such owner may be required to furnish reasonable proof of ownership. The Director has the authority to determine any other eligibility.

B. The applicant must apply for a sewer connection permit on a form provided by the division of building and planning, pay the prescribed fee(s) and be issued a permit as authorized by the Director prior to any construction on the project, whether on private property or within public rights-of-way or easements.

C. Property owners or first time contractors who intend to perform work requiring a sewer connection permit shall first contact the division of utilities for information regarding construction regulations and standards. The Director must sign the application form in order for the applicant to be issued the sewer connection permit.

D. If the work to be done under the sewer connection permit requires the excavation or obstruction of the public right-of-way, the applicant shall be responsible to obtain a permit to perform work in the City right-of-way from the Public Works Department.

E. Except as specifically authorized by the Director, sewer connection permits will not be issued until the public sewer system serving the premises has been accepted for operation by the Director. In some cases, connection agreements, fees or engineered plans approved by the division of utilities may be required before the Director will authorize issuance of the sewer connection permit.

F. All sewer connection permits shall expire six months from date of issuance. (Ord. C-381, 1997)

13.06.1450 Permit required for each private sewer connection.

Each extension of a private sewer to a residence, structure or property shall require a separate sewer connection permit in accordance with AHMC 13.06.1400. (Cross-references: AHMC 13.06.1120 and 13.06.1440.) (Ord. C-381, 1997)

13.06.1460 Sewer construction regulations.

A. The Director is authorized to prepare, revise and administer standards, as established by resolution by the City Council, describing property controls for design, inspection and construction of sewer systems in conformance with this chapter and to ensure that the health, safety and welfare of the public are protected. The standards shall be printed in manual form as a portion of the “Airway Heights Public Works Standards Manual” (referred to as the “Sewer Standards Handbook,” see AHMC 13.06.600) in accordance with and shall be considered part of this chapter.

B. The Sewer Standards Handbook may contain specifications relative to materials, design, construction, procedure, policy, inspection, backfilling and responsibilities in sewer installations.

C. The permissibility of specific situations not fully covered in this chapter or the Sewer Standards Handbook will be determined by the Director at the time of occurrence in accordance with the spirit and purpose of the code.

D. The Director may issue a cease and desist order against sewer construction in City’s sewer service area by any person who fails to comply with any provision of this chapter related to sewer construction. Any such violation or instance of noncompliance may result in said violator(s) appearance at an administrative hearing before the Director to determine the facts for possible issuance of a cease and desist order and its duration. The result of any administrative hearing shall not preclude the City from pursuing additional legal action in accordance with Article IX of this chapter. (Ord. C-381, 1997)

13.06.1470 Enforcement inspection.

A. Authorized personnel of the Health Officer or the Public Works Department or building and planning shall have the right to enter upon any premises, public or private, as reasonably necessary to enforce the provisions of this chapter, any other ordinance relative to wastewater control, or any regulation or order adopted or issued pursuant thereto.

B. The owner or occupant of any house, building, or property shall specifically allow the Health Officer or Director to inspect on-site the nature of wastes intended to be discharged into a public sewer and/or on-site sewage disposal system.

C. In the event it appears there is any violation, the City may, in addition to any other power or authority reserved in this chapter, issue a notice of violation, requiring the party to whom the notice is directed to correct the violation within 30 days of the date of the notice. Failure to take such corrective action is an additional violation of this chapter, but no notice is necessary in case of emergency or as a prior requirement to taking any other enforcement action authorized in this chapter. (Ord. C-381, 1997)

13.06.1480 Excavation and cleaning.

A. Any expenses incurred by the City for excavation, cleaning or inspecting a sewer, as a result of a discharge prohibited by this chapter or improper maintenance or repair of a sewer, shall be the responsibility of the property owner, agent, occupant or other requesting party, jointly and severally, unless the Director determines the problem was caused by a public sewer.

B. All expense and liability for loss or damage for cleaning, repairing and maintenance of a side sewer or a private sewer from the building drain to the public sewer shall be the responsibility of the property owner, agent, occupant or other requesting party, jointly and severally. (Ord. C-381, 1997)

13.06.1490 Construction plans.

A. The Director shall require sewer construction plans designed by a professional engineer to be submitted for review and approval, including, but not limited to, larger new and existing commercial sewer connections, public sewers, plats, developments, pressure sewers including pump specifications, private sewers, or any other sewer construction the Director deems necessary. In any case where a plan is required to be submitted to the Public Works Department, an “as-built” plan must be submitted within 30 days after the completion of sewer construction for review and approval. Extensions may be granted by the Director.

B. Changes to approved plans must have the prior written approval of the Director and/or be resubmitted for review and approval before starting any work. The Director may stop any work upon determining that the work is not being performed according to the approved plans, and may direct corrections of such work to comply with the approved plans and specifications, and this chapter.

C. In any case where a plan is required, no work shall begin without an approved plan (stamped “FOR CONSTRUCTION”) and a set of the approved plans shall be on the job site and readily accessible to the inspector. (Ord. C-571 § 7, 2004; Ord. C-381, 1997)

Article VII. Special Connection Agreements

13.06.1500 Special connection agreements – Execution.

Whenever connection to the City’s public sewer requires a written agreement, the Director is authorized to submit the same for approval to the City Council under the authority of this chapter. (Ord. C-381, 1997)

13.06.1510 Temporary sewer connections.

A. A sewer connection permit may be issued for temporary sewer connections only for the connection of temporary structures as approved by the Director. Temporary sewer connections shall be for a period of no more than two years, or as otherwise approved by the Director based on specific project conditions.

B. All temporary connections shall comply with the requirements contained in Articles VI and VII of this chapter, except as noted below:

1. A sewer connection permit, designating the connection as temporary, is required for all temporary connections.

2. The City shall bill the owner for the monthly O&M fees and related charges.

C. After two years, the connection shall be deemed permanent unless an extension is requested and approved by the Director. Once deemed permanent, the sewer connection permit will be amended to designate the connection as permanent and the current connection charges shall be due. (Ord. C-381, 1997)

13.06.1520 Reimbursement for construction of public sewer.

A. If a property owner or developer is required by the Director to construct or finance a public sewer extension with capacity in excess of that required by law to serve said property or development (pipe 12 inches or greater or in excess of 200 feet beyond the property served), the developer connection agreement may, at the discretion of the Director, provide for reimbursement and interest to the developer or owner for the value of such excess capacity.

1. Reimbursement for excess capacity may be accomplished, at the discretion of the Director, utilizing one or any combination of the reimbursement alternatives detailed below:

a. An offset to special connection charges of facilities served;

b. Reimbursement from ULID bonds, if the bonds are issued within 10 years of connection of the property and are for a ULID that includes the subject property and incorporates the public sewer as part of the ULID improvements; and the developer or owner waives objection to and agrees to formation of a City ULID that includes the property;

c. If the public sewer extension includes City general facilities, the Director may credit the value of any excess capacity provided in such general facilities against the owner or developer’s obligation to pay in such general facilities against the owner or developer’s obligation to pay SCFs or similar capital facilities charges imposed by City ordinance or resolution. Excess capacity will be determined by the difference between the cost of construction of the minimum required line for that development and the costs of construction for the oversized line. The service area will be established by the City as the boundary within which reimbursement will apply;

d. Through latecomer reimbursement pursuant to Chapter 35.91 RCW; and/or

e. Reimbursement of special connection charges for new connections to a developer constructed sewer. In the event the City collects a special connection charge for a property connecting to developer constructed public sewer.

2. Interest. An owner or developer may receive interest on reimbursements at the discretion of the Director. The interest rate shall be the Construction Cost Index as listed in the Engineering News record publication for the Seattle regional area and adjusted annually on February 1st using the January 1st Construction Cost Index.

3. In the event a combination of the above reimbursements are allowed, total reimbursement shall not exceed a predetermined credit amount plus interest.

B. The term of reimbursement, including interest, shall be no longer than 10 years. (Ord. C-381, 1997)

Article VIII. (Reserved)

Article IX. Administrative Provisions

13.06.1530 Rates and regulations.

A. Pretreatment: current City of Spokane requirements and rates plus applicable City of Airway Heights fees.

B. Administrative review fees shall be set annually by resolution as approved by City Council. The fees and categories that apply are not limited to the following:

1. Sewer Facility Plan Check.

a. Gravity collection lines.

b. Community on-site treatment and disposal facilities.

c. Pump stations.

2. Planning action, review procedures.

C. Sewer connection fees (SCF), per building or structure, shall be set by resolution as approved by City Council and based on the following:

1. Application.

2. Permit (includes one inspection).

3. Customer Class Fixed Rate Charge.


a. Single-Family	Shall be determined by resolution.
b. Low-Income Senior/Disabled	Shall be determined by resolution.
c. Multifamily (Four or More Units)	Shall be determined by resolution.
d. Domestic-Strength Nonresidential	Shall be determined by resolution.
e. High-Strength Nonresidential	Shall be determined by resolution.
f. Department of Corrections	Shall be determined by resolution.

4. Customer Class Volume Rate Charge. Shall be determined by resolution.


a. Domestic-Strength Nonresidential	Class member determined by sampling.
b. High-Strength Nonresidential	Class member determined by sampling.
c. Department of Corrections	Shall be determined by resolution.
d. Extra-Capacity Surcharges	Surcharge for using capacity beyond purchased share.

5. Connection to public sewer shall be based on sewer meter size and flow factor.

Connection charge summary:


Single-Family Residential
Meter Size	Number of Equivalent Units
3/4′′ meter	1.00
1′′ meter	1.00
1 1/2′′ meter	3.33
2′′ meter*	5.33
3′′ meter*	10.67


All Other Classes
Meter Size	Number of Equivalent Units
3/4′′ meter	1.00
1′′ meter	1.67
1 1/2′′ meter	3.33
2′′ meter*	5.33
3′′ meter*	10.67
4′′ meter*	16.67
6′′ meter*	33.33
8′′ meter*	53.33
10′′ meter*	76.67

* For meters larger than 1 1/2′′, the City reserves the right to rely instead on an engineer’s estimate of flow and demand in order to ensure equitable contribution toward system costs.

Change of use or premises with 50 percent remodeling may require additional connection fees to be paid. Should a determination be made that additional sewer connection fee will be used than previously paid for, the property owner will be charged the difference between the new estimated ERU usage and the previously determined ERU usage. The new charge will be based on the current fee resolution. It will be the responsibility of the property owner to notify the City of Airway Heights of any changes of use or remodeling of 50 percent or more of any premises.

If the City shall determine that the system design or estimated usage may require additional ERU capacity than the standard listed above, the City may use the alternative chart entitled “Design Basis for Service” in Chapter 5 – Sanitary Sewer; Section 5B.020 – Design Standards, of the City of Airway Heights Public Works Standards Manual. The City may also determine connection fees by calculating the estimated or potential sewer capacity of service lines to be or connected to the City’s sanitary sewer system. In the event service lines are added or demand on capacity is increased, additional connection fees shall be charged for the additional capacity.

6. Call back inspection.

7. Weekend/holiday inspections.

8. Work without permit. (Ord. C-746 § 1, 2011; Ord. C-615 § 1, 2005)

13.06.1531 Rates and charges – Due date – Delinquency – Actions to be taken – Lien – Penalty.

A. All charges for sewer service shall be due and payable at the Office of the Clerk-Treasurer 25 days after the date of mailing and shall become delinquent the next business day after the twenty-fifth day. All delinquent sewer service accounts shall bear interest at the rate of one percent per month commencing on the delinquency date. The delinquency of any customer shall be indicated on the customer’s sewer account, statement, ledger sheet, or card.

B. If a sewer service account is not paid when due, the City may assess a delinquency fee determined by City Council resolution and shall give notice that the sewer service account is delinquent to the account holder(s) and property owner(s).

C. Where delinquent and unpaid charges for sewer service are in excess of the deposit required in this chapter to secure the payment of charges for sewer service, the sewer shall be turned off in accordance with the following termination procedures:

1. Except in cases of consent by the customer, vacant premises, need for repairs or emergency, the Director, or his designated representative, shall cause notice to be given to the customer that sewer service will be terminated for nonpayment.

2. The notice may be delivered personally, given orally, mailed, or left or posted at the service address as shown on the files. Whenever the Director has reason to believe that termination of sewer service to a given service address will affect more than one dwelling unit, the Director shall cause reasonable effort to be made to give notice to all affected dwelling units.

3. The Director shall cause the notice to be given at least five calendar days prior to the date of intended termination.

4. The notice of termination shall be in substantially the following form:

NOTICE

Your city sewer service will be terminated on ____________, unless all amounts not disputed are paid.

If you dispute any amounts due, you may request an informal dispute hearing by visiting or phoning during regular business hours, or writing, on or before _______ (one day before above date).

Airway Heights Clerk-Treasurer
1208 S. Lundstrom St.
Airway Heights WA 99001-9000
Telephone: 509-244-5578

5. If payment is not made on undisputed amounts or a dispute hearing requested for disputed amounts, the Director may shut off the sewer service on or after the date set forth in the notice.

6. The Clerk-Treasurer in any dispute hearing shall have the authority to reduce the amount owed; order the full amount be paid; establish a payment schedule taking into consideration the historical usage of the premises, anticipated usage, income of the person at the service address, and any other information which the Clerk-Treasurer deems relevant; and re-establish a cut-off date for failure to meet the terms of his or her decision.

D. Whenever this chapter et seq. requires notice to be given, unless specifically provided otherwise, it means a reasonable effort to notify shall be made. Absence of the underlying property owner or other responsible persons from the premises or the property to which a notice is mailed or posted, does not constitute grounds to deny that reasonable notice was given or to avoid any responsibilities imposed by this chapter et seq. or by state law.

E. The City may charge a fee for the printing and mailing of sewer service disconnect notices and the sewer shut off as set forth by resolution by the City Council.

F. Delinquent sewer service charges shall be a lien against the premises receiving the sewer service charges as prescribed by RCW 35.21.290 and 35.21.300 and any other applicable laws. All additional lien and enforcement rights by statute and at common law are reserved by the City. Enforcement of any lien provided herein shall be in the manner provided by state law.

G. The owner of the premises or the owner of a delinquent mortgage thereon may give written notice to the Director to cut off sewer utility service to the premises as long as such notice is accompanied by payment or tender of payment of the then delinquent and unpaid charges for such sewer services against the premises together with the cut-off charge, whereupon the City shall have no lien against the premises for charges for such sewer services thereafter furnished, nor shall the owner of the premises or the owner of a delinquent mortgage thereon be held for payment thereof.

H. It shall be unlawful for an occupant or owner of the premises where sewer service has been shut off to turn on the sewer at the service fixture. Violators of this subsection shall be fined a sum not to exceed $1,000, enforceable in the Airway Heights Municipal Court or such other court adopted by the City Council.

I. In case the sewer meter cannot be read for any cause, the user shall pay the rate for the previous month, or such higher sum established in the City’s rate structure. (Ord. C-615 § 4, 2005)

13.06.1532 Application for service – Fee – Responsibility.

A. Prior to receiving service, all applicants for new sewer service shall pay a connection fee as set by resolution of the City Council. Prior to receiving a certificate of occupancy, all sewer service accounts shall pay a tap fee.

B. All sewer service charges shall be enforceable through a lien against the property served even though sewer services may be contracted through an agent or tenant. The property owner shall remain liable for all sewer service charges; provided, that the property owner’s liability will be limited by the terms and conditions under which a lien may be filed against the real property unless the property owner has contracted for the sewer service and/or authorized a broader lien.

C. The City may provide a real property owner or the owner’s designee with duplicates of tenant utility sewer bills, or may notify an owner or the owner’s designee that a tenant’s utility account is delinquent. However, if an owner or the owner’s designee notifies the City in writing that a property served by the City sewer is a rental property and has requested, in writing, to be notified of a tenant’s delinquency, including providing a mailing address, the City shall notify the owner or the owner’s designee of a tenant’s delinquency at the same time and in the same manner the City notifies the tenant of the delinquency. When the City provides a real property owner or owner’s designee with duplicates of a tenant’s utility bill or notice of delinquency, the City shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or owner’s designee.

D. All applicants and their successors upon receipt of utility services shall be deemed to have agreed to comply with all the rules and regulations of the sewer utility and the provisions of this chapter, to pay the cost of making the connection and supplying and installing the meter, and to pay for all sewer used on the premises, at the rate and upon the terms established by the City. (Ord. C-753 § 1, 2011; Ord. C-615 § 2, 2005)

13.06.1533 Application of payments.

The City operates a combined utility system with payments received by the City for utility payments as applied in AHMC 13.04.150. (Ord. C-746 § 2, 2011; Ord. C-615 § 3, 2005)

13.06.1534 Bad checks and bill collection fee.

Unless otherwise modified by City Council resolution:

A. The fee for returned checks/disallowed electronic funds transfer is $40.00.

B. Bill summaries are made when it is necessary to prepare a bill summary of charges accrued or estimated on an account, either upon customer or other third-party request, or after an account is 60 days delinquent, or because an account has been referred for collection effort. This charge may be assessed against the account or billed to the requesting party for each bill summary or request prepared. (Ord. C-620 § 1, 2006; Ord. C-615 § 5, 2005)

13.06.1535 Bankruptcies.

As authorized by 11 USC Section 366, unless otherwise directed by the Director, the minimum deposit for adequate assurance of payment shall be two months’ estimated utility charges for Chapter 7 and 11 filings and one month’s estimated utility charges for Chapter 13 filings. This amount is subject to adjustment where circumstances indicate different customer use demands or service needs, in the Director’s discretion. (Ord. C-615 § 6, 2005)

13.06.1536 Adjustments for overbilling, underbilling.

A. It is the policy of the City to collect all amounts identifiable as due and owing for utility services. The City reserves the right to collect such charges on the basis of joint and several liability, from the owner of premises served, the occupant of the premises, or from any person otherwise determined to be legally responsible for the charges concerned, as may be most convenient to the City. This policy recognizes that any losses from not collecting such amounts must be made up by moneys collected from all ratepayers. Subject to this policy, the City Clerk-Treasurer has discretion to adjust billings, but no entitlement to such adjustment is created, and no specific outcome is mandated.

B. Underbilling or underpayment because of customer errors or other reasons not the result of City error will be collected in full.

C. Underbilling or underpayment because of City error may be adjusted, considering the following criteria:

1. In general, the public is presumed to know that a reasonable charge for utility services rendered must be paid. Where it appears a customer or other person from whom payment is sought did not know and had no reason to know of the error, charges accruing more than one year from the discovery of the error may be waived.

2. There is “reason to know” of a billing error where the bill on its face is below regular charges, or where there are no charges being made to premises receiving service. Customers have a duty to make prompt inquiry with the utility billings office when they get such a bill inconsistent with the utility service to their premises.

3. Underbillings because of customer error or where it appears a customer knew or should have known of the error should be paid in full.

D. Where an account is overbilled or overpaid the refund period granted administratively is up to one year from the time the error is reported to the utility billings office, except overpayments or overbillings because of customer fault should be reported by the customer within 60 days. Approved refunds are administered by an account credit for the premises served.

E. Billing errors are adjusted by the City Clerk-Treasurer, or designee. Adjustment is made by way of credit to the utilities bill for errors in said bill unless another adjustment method is approved by the affected utility department. Additionally, the City reserves all defenses, offsets and claims allowable in contract or law. (Ord. C-615 § 7, 2005)

13.06.1537 Collection agency.

A. The City may refer unpaid accounts for collection to a collection agency approved by the City Council pursuant to contract.

B. Accounts referred to collection shall be only after written notice has been given to the account holder at his/her last known address by certified mail, return receipt requested, and by regular mail, postage pre-paid, at least 30 days in advance of the referral to collection. (Ord. C-615 § 8, 2005)

13.06.1538 Liability for account transfer to another account.

A. In addition to the person or address billed for sewer services as shown in the City’s records, the City may require any other person or address for whom or for whose benefit services are provided, or against whom enforcement action is taken under the authority of this chapter, to be responsible for payment for any sewer services, jointly or severally. With respect to premises served or involved in an enforcement action, such persons include the respective premises’ owner and occupant.

B. To obtain from any person determined responsible by the City Clerk-Treasurer, the City reserves the right to transfer a payment obligation from one customer or account to another, or hold charges for payment on one or more accounts, jointly and severally, until full payment is received.

C. Where a party originally responsible for an unpaid utility bill at one address moves to a new address served by the City, the sewer service bill may be transferred to the new address and enforced as a charge to that account, so long as the originally responsible party remains at the new address. This option does not waive the City’s right to require payment as a condition of restoring or continuing services to the original address, but any amounts thereafter collected from the originally responsible party shall be restored to any other party paying such delinquency balance at the original address, less an administration fee determined by City Council resolution. (Ord. C-615 § 9, 2005)

13.06.1540 Payment – Delinquency – Lien.

A. All charges for services rendered, including sewer service, special jobs, labor and materials, are payable to the City.

B. If such charges are not paid, upon delinquency the City may place a lien against the property as provided in RCW 36.94.150. The City shall, after proper notice, turn the account over to an outside collection agency pursuant to RCW 19.16.500.

C. The City shall mail each user a statement each month setting forth the charges for usage. All charges for usage shall be due and payable 15 days after the date of mailing of such statement and shall become delinquent the next following business day after the fifteenth day.

D. Delinquent charges shall be set per resolution.

E. Charges Shall Be a Lien – Service Shut-Off for Nonpayment – Reconnection Charges.

1. All charges for sewer connections, service and usage and all service charges provided in this chapter, together with interest thereon, shall be a lien upon the property to which such sewer service is rendered, superior to all other liens and encumbrances whatsoever, except for general taxes and local special assessments. Enforcement of such lien or liens shall be in the manner provided by law.

2. As an additional and concurrent method of enforcement of the lien of the City for sewer services, charges and penalty, the City may, after delinquency, shut off the water service to the premises. Service shall not be restored until the delinquent bill, service charge, penalty thereon, and the reconnection fee specified in subsection (C) of this section shall have been paid in full.

3. When water service has been shut off for failure to pay, the reconnection charges will be in accordance with the current fee resolution approved by the City Council. The fees will be based on:

a. If reconnection is requested to be made during normal business hours;

b. If reconnection is requested to be made outside normal business hours. (Ord. C-571 § 9, 2004; Ord. C-381, 1997)

13.06.1550 Persons and property subject to charges.

A. Every person and property to whom sewer service is furnished by the City, and every person and property to whom such sewer service is available by said City system, shall be charged for such service.

B. The sewer service charge shall at all times be in effect while water is turned on at the property, except that no sewer charge shall be levied against newly constructed private residential buildings during the period of construction and until the same is utilized for human habitation. (Ord. C-571 § 10, 2004; Ord. C-381, 1997)

13.06.1560 Abatement of public nuisance.

A. Notwithstanding any other provision of this chapter and in addition thereto, the maintenance of any condition contrary to the public health and safety, or creating or tending to create a risk to the public health or safety, specifically including accumulations of raw or treated sewage or sludge of any nature, or danger or possibility thereof, or contamination of any public or domestic water supply system or well, or a danger or possibility thereof, shall constitute a public nuisance and, in the discretion of the Director or Health Officer, shall be subject to immediate abatement by the county at the premises owner’s and/or other responsible person’s expense and liability.

B. Abatement of any nuisance as defined above may be billable as a utility service furnished to the premises wherein the condition arose or exists.

C. This section shall not limit the premises owner’s or other party’s rights to seek recovery against other responsible persons.

D. Specifically, any violation of the City’s wastewater pretreatment standards, including the regulations and orders made pursuant to its authority, is a public nuisance and is subject to abatement, including summary abatement, by the Director, the Health Officer, or the Washington State Department of Ecology, all at the expense of the responsible persons. (Ord. C-381, 1997)

13.06.1570 Suspension of service.

A. In the case of emergency, equipment failure, inaccessibility or for other reasons, as directed by the Director in the interests of the public health and safety, sewer services may be temporarily or permanently suspended to one or more premises or locations within the City, with or without notice.

B. Service to any premises may be suspended for nonpayment of accounts. Such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this title. Such suspension shall render the premises where such service is suspended subject to condemnation for sanitary reasons and/or exercise of the police power to abate a public nuisance at the risk and expense of the owner of the premises and/or other responsible persons. (Ord. C-381, 1997)

13.06.1580 Equipment – Projects – Minor expenditures.

A. To the maximum extent permitted by state law, the Director may acquire such equipment, engage in projects, enter into contracts, and perform such functions as may enable the Public Works Department to carry out its wastewater collection responsibilities and such other purposes as the City Manager and/or City Council may direct and authorize. These powers shall be broadly construed to accomplish their intended purpose.

B. The City Manager has authority to approve departmental expenditures of funds for equipment and projects, which may be funded by the respective department fund, by grant, or by appropriation from federal, state, or local resources as the City Manager and/or City Council deems appropriate. (Ord. C-571 § 10, 2004; Ord. C-381, 1997)

13.06.1590 Responsibility for sewers – No duty.

A. The City assumes no responsibility whatsoever for any side sewers, special side sewers, private sewers, other nonpublic sewers or other such pipes, fixtures, appurtenances or location of utilities. The City’s absence of responsibility includes costs of construction, repair and/or maintenance and liability for losses, claims, damages or injuries arising directly or indirectly from the use or existence of all such nonpublic pipes and fixtures.

B. Except as required by the general laws of this state, the City assumes no responsibilities for sewer service or wastewater disposal or treatment or for the construction, repair or maintenance of public sewers. This chapter shall not be construed to expand the City’s responsibilities. This chapter shall not be construed to add to or expand any public duty to any particular person, class or entity. Any duty nonetheless deemed created shall be strictly construed as a duty to the general public. (Ord. C-381, 1997)

13.06.1600 Penalty.

A. Any person who violates or fails to comply with any of the provisions of this chapter, or who counsels, aids or abets any such violation or failure to comply, shall be subject to a civil penalty not to exceed $1,000.

B. Noncompliance after the expiration of the time specified in any notice authorized in this chapter shall be a separate violation for each notice. Each day of a continuing violation shall constitute a separate and additional violation.

C. See AHMC 13.06.1330. (CFR 403.8(f)(2) (vii).)

D. Willful violations of AHMC 13.06.850 through 13.06.910 or of the terms and conditions of a wastewater discharge permit or applicable pretreatment standard shall constitute a misdemeanor, punishable by a fine of up to $5,000 or imprisonment of one year in jail, or by both such fine and imprisonment.

E. In all cases of violation of the wastewater pretreatment program, whether civil or criminal, restitution of damages, costs and expenses will be required. (Cross-reference: AHMC 13.06.1320.)

F. No occupancy permit shall be issued for any newly built structure unless it has its toilet facilities connected to the City sewer when determined by the Director to be available for connection. Any building existing in violation of this chapter shall immediately comply with the provisions set out in this chapter. The requirement to connect to the City sewer shall not apply if no City sewer line exists within 200 feet of the property or parcel. In addition to any other remedy, the City requires a charge equal to the charge (connection fee) if the property were connected, and such charge shall be a lien against the property. The City may, at its option, make any required connection, the cost of which shall be paid by the owner and be a lien against the property, including interest at the legal rate.

G. It shall be a misdemeanor for any person to knowingly use or occupy a building that has not been connected to the City sewer or occupy a building that does not have sanitary toilet facilities as required by this chapter. For the purpose of this section, the term “use” shall include renting of a building to another punishable by a fine of up to $5,000 or imprisonment of one year in jail, or by both such fine and imprisonment. (Ord. C-381, 1997)

13.06.1610 Search warrants – Administrative, criminal.

Supplemental to and not by way of limitation of any other provisions in this chapter, the Director, on his/her initiative or application of any City official or inspector, may issue an administrative search warrant or order, requesting the presence of law enforcement officials to assist City employees in the performance of any inspection or administrative duties, but no such warrant or order shall be a necessary precondition or any request for Law Enforcement Officer assistance to any other public employee in the performance of his/her duties under this chapter. (Ord. C-381, 1997)