Chapter 13.12 SEWERS

A. The owner of property within the city’s sewer service area, as identified in the city’s comprehensive plan, requiring sewer service shall not be allowed to install a septic system if the distance from the property to an existing sewer main with capacity to serve the property is 300 feet or less, except as described in subsection D of this section. The distance shall be measured as a straight-line distance from the end of the main to the nearest corner or edge of the property to be served. The owner of the property shall apply to the city for sewer service, extend the sewer main, and connect the property to the city’s sewer system. In addition, the owner of property containing a building or structure for human occupancy or other use necessitating sewer service which is located within the city’s present or future sewer service area as identified in the city’s comprehensive plan and which is located within 300 feet of a sewer main, and which is certified by the local health office to be a health hazard, shall apply to the city for sewer service, extend the sewer main, and connect the property to the city’s sewer system.

B. The owner of property within the city’s sewer service area as identified in the city’s comprehensive plan requesting sewer service may, but shall not be required to, extend an existing sewer main with capacity to serve the property if the distance from the property to the main is more than 300 feet; provided, that sewer extensions shall be sized and configured in accordance with the city’s design and construction standards and specifications.

C. A person applying to request city sewer or contract sewer system capacity availability, to connect to the city’s sewer or contract sewer system, or to change his or her use of the city’s sewer or contract sewer system shall request city approval on a form to be provided by the city. The application shall contain the subject parcel tax account, owner, agent, application purpose, current or previous site use, and proposed site use information. The applicant shall complete and attach to the application a project summary in a format required by the city, a sewer connection analysis form to be provided by the city, and a site plan at one-half drawing scale showing proposed sewer mains, lift stations, and manholes for all applications other than for a change in use that does not require a building permit. The application shall be signed by the owner of the premises to be served, or by the owner’s duly authorized agent, and shall be filed with the city. The applicant shall pay all related application and processing fees and costs, as established by resolution or ordinance of the city council.

D. The owner of property that meets the criteria set forth in subsection A of this section shall be allowed to install an on-site sewage system, if the project meets the following requirements:

1. The property owner will install a composting toilet and gray water system approved by the Kitsap County Health District that requires no on-site toilet liquid disposal, or the property owner will install a blackwater on-site treatment system that provides BOD5, TSS, and nitrogen reduction equivalent to NSF 40 and NSF 245 performance standards approved by the Kitsap County Health District; and

2. The property owner will install a stub-out connection with clean-out just inside the property line or grant an easement for a potential future sewer connection; and

3. The property owner will be required to record a notice to property title with the Kitsap County auditor that mandates connection to the city’s sewer system in the event the owner, or any future owner, fails to maintain the water treatment system to the performance requirements described above or decides to revert back to a flush toilet system connected to the municipal sewer; and

4. The property owner will be required to pay any required sewer system participation fees and connection fees that apply at the time of required connection.

5. The number of blackwater on-site treatment systems allowed in the city’s sewer service area will be limited to 100 equivalent residential units. (Ord. 2019-05 § 1, 2019; Ord. 2014-42 § 1, 2014: Ord. 2006-08 § 1, 2006: Ord. 2002-02 § 3, 2002: Ord. 94-29 § 15, 1995; Ord. 82-20 § C(1), 1982)

13.12.020 Connection – Notice to owner or occupant – Remedies for failure to connect.

A. Whenever any land, buildings, or premises are required to be connected with the public sewer system as provided in this chapter, the city engineer shall serve upon the owner, agent, lessee, or occupant of the lands, buildings, premises or habitable structures, a notice in writing specifying the time within which such connection must be made, which time shall not be more than 60 days from the date of delivery of such notice.

B. If such owner, agent, lessee or occupant fails, or neglects to connect the land, buildings, premises or habitable structures to the public sewer system within the time specified, the city may hire a licensed contractor to make such connection and the cost plus 25 percent thereof shall be charged to the owner, agent, lessee, or occupant and a bill showing the amount thereof mailed or delivered to him, or posted upon the premises, whereupon the amount shall immediately be paid to the city clerk; provided, that as an alternative to making such connection there is imposed a penalty in an amount equal to the charge that would be made for sewer service if the property was connected to such system, which amount shall be paid and collected at the times and in the manner provided by this title, for the payment and collection of sewer service charges.

C. The licensed contractor hired by the city shall be required to file with the city engineer a bond and certificate of insurance to hold the city harmless. Such bond and insurance shall be in the amounts which are deemed necessary by the city engineer.

D. The licensed contractor must secure his own permits, be responsible for all work accomplished under his permits, and connect all plumbing outlets or drainage facilities in a complete manner, as required by the city engineer.

E. If failure to connect land, buildings, premises or habitable structures to the sewer system gives rise to a health hazard as determined by the local health official, the city may, in addition or in alternative to the remedies in subsection B of this section, seek to abate such health hazard as a public nuisance. Nothing in this title shall be construed to supplant existing civil and criminal penalties provided by common law, other ordinances or state law for the abatement of or punishment of public nuisances or health hazards. (Ord. 82-20 § C(2), 1982)

13.12.030 Unlawful water discharge.

It is unlawful for any person to discharge into the city sanitary sewage disposal system water from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs, and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters, or drainage, or swimming pool drains. (Ord. 82-20 § C(3), 1982)

13.12.040 Floating vessels or structures.

Any vessel or other floating structure used for permanent residential or commercial purposes and moored within the city shall have its soil drains connected to discharge into the city sanitary sewage disposal system. The owner of the moorage facility or property to which the vessel or floating structure is moored shall provide the property connection to the system. Alternatively, vessels used for permanent residential and commercial purposes and moored within the city limits may be equipped with a marine sanitation device which meets the no-discharge requirement developed by the EPA and U.S. Coast Guard in accordance with the provisions of the FWPCA. (Ord. 82-20 § C(4), 1982)

13.12.050 Shoreside facilities.

All property owners providing temporary or permanent boat moorage shall provide onshore toilet facilities in sufficient number to serve the facility. The toilet facilities shall be approved by the city engineer with respect to number, arrangement and conformance with the building, plumbing, electrical codes and with this title. (Ord. 82-20 § C(5), 1982)

13.12.060 Side sewer responsibility.

That portion of any side sewer pipe lying within the street right-of-way or easement shall be maintained by and kept within the exclusive control of the city. That portion lying beyond the right-of-way or easement shall be the responsibility of the abutting property owner. (Ord. 82-20 § C(6), 1982)

13.12.070 Industrial waste – Prohibited substances.

No person shall discharge any of the following prohibited substances directly or indirectly into any public sewer, private sewer or side sewer tributary to the city:

A. Flammable or Explosive Materials. Flammable liquids, solids, or gases capable of causing or contributing to explosion or supporting combustion in any sewerage facilities including, but not limited to, the following: fuel oil, waste crankcase oil, and acetylene generation sludge;

B. Substances Which Can Cause Obstruction or Interference. Any solid or viscous substances in quantities, either by itself or in combination with other wastes, which are capable of obstruction of flow or of interfering with the operation or performance of sewer works or treatment facilities, including, but not limited to, the following: ashes, cinders, sand, mud, straw, grass clippings, shavings, metal, glass, tar, asphalt, plastics, cloth, wood, chemical residues, brewing or distilling slops, spent grain or hops, whole blood, meat trimmings and wastes, animal paunch contents, hide, hair, offal, fish or fowl heads or parts, entrails, lard, tallow, baking dough, cannery waste bulk solids, plastics or paper utensils, plastic or paper containers either whole or ground;

C. Odorous Substances. Any noxious or malodorous gas or substance which either by itself or by interaction with other wastes is capable of creating a public nuisance or hazard to life or of preventing entry by authorized personnel to pump stations and other sewerage facilities;

D. Toxic Vapor. Any gas or substance which either by itself or by interaction with other wastes can produce a toxic vapor. These substances include, but are not limited to, chlorinated hydrocarbons, hydrogen sulfide, sulfur dioxide and cyanide compounds;

E. Corrosive Substances.

1. Any gas or substance which either by itself or by interaction with other waste may cause corrosive structural damage to sewer works or treatment facilities, but in no case wastes with a pH lower than 5.5,

2. Any salt water;

F. Excessive Waste. Wastes at a flow rate and/or pollutant discharge rate which are excessive over relatively short time periods as described in the discharger’s waste discharge permit so that there is a treatment process upset and subsequent loss of treatment efficiency;

G. High Temperature. Heat in amounts which will inhibit biological activity in treatment plant facilities resulting in an interference in the treatment process and specifically including heat in such quantities that the temperature at the treatment works influent exceeds 20 degrees Centigrade (68 degrees Fahrenheit), or the temperature exceeds 40 degrees Centigrade (104 degrees Fahrenheit) at the point of discharge from the industrial source to public sewers and/or the city sewerage system;

H. Radioactive Substances. Any radioactive wastes or isotopes discharged to any sewer shall not exceed such concentration limitations as established by applicable State Department of Social and Health Services regulations. (Ord. 82-20 § C(7)(A), 1982)

13.12.080 Industrial waste – Restricted substances.

A. Generally. No person shall discharge wastes containing restricted substances directly or indirectly into any public sewer, private sewer, or side sewer tributary to the city sewerage system, in excess of limitations specified by conditions of the waste discharge permit or by the city or in excess of other city, state or federal standards. Limitations shall be established to the extent necessary to enable the city to comply with current national Pollutant Discharge Elimination System requirements, as promulgated by the Environmental Protection Agency or the State Department of Ecology, and to the extent necessary for compliance by city and by industrial dischargers with any applicable federal and state regulations and with requirements for the protection of sewerage facilities and treatment processes, public health and safety and the receiving waters and when determined by the city to be necessary for the protection of water quality and avoidance of nuisance in the city. The engineer shall publish and revise from time to time standards which as a minimum establish the following restricted parameters: pH, temperature, fats, oils and greases of animal or vegetable origin, fats, oils and greases of mineral origin, and other toxic substances including those defined in applicable state and federal regulations. These published standards shall, by this reference, be made a part of this title. Discharge limits or standards in effect and incorporated into any issued waste discharge permit shall remain in effect for that permit until it expires, except as modified as provided in Section 13.12.210.

B. Food Waste. Food waste discharged into any sewer shall have been properly shredded so that 100 percent will pass a three-eighths-inch sieve and 75 percent will pass a one-fourth-inch sieve. Persons engaged in the retail sale of raw produce shall be limited to one grinder having a prime mover not exceeding five hp for the processing of raw produce waste.

C. Septic Tank Waste. Any material from a cesspool, privy, septic tank or other on-site disposal system shall not be discharged into a sewer.

D. High Strength Wastes. Any waters or wastes containing higher than ordinary concentrations or quantities of compatible pollutants, including but not limited to, biochemical oxygen, demanding pollutants, suspended solids, pH and fecal material, may be required to discharge at a specific release rate or at a specified strength if, in the opinion of the city, the release of such waste in an uncontrolled manner could adversely affect proper handling and treatment in the sewage system. (Ord. 82-20 § C(7)(B), 1982)

13.12.090 Industrial waste – Prohibited discharges – Notification of city and state officials.

A. Any person becoming aware of the discharge of prohibited or restricted substances directly or indirectly into a public sewer, private sewer, or side sewer tributary to the city sewage system shall report such discharge immediately by telephone to the city. Prompt notification of such discharges will allow the city to take necessary precautions to minimize hazards and to prevent damage to the receiving waters, thereby avoiding or minimizing discharge violations and fines from state and federal regulatory agencies and the city.

B. Failure by any person aware of such discharge of prohibited or restricted substances to report such discharge in the manner provided in subsection A of this section shall constitute a violation and subject the person to the penalties set forth in this title. Each failure to report a discharge shall be considered a separate violation.

C. Discharges of prohibited or restricted substances directly or indirectly into navigable waters, or into streams, ditches or sewers tributary to navigable waters, shall be reported to U.S. Coast Guard or to the regional office of the State Department of Ecology. (Ord. 82-20 § C(7)(C)(1), 1982)

13.12.100 Industrial waste – Prohibited discharges – Notice to employees.

In order that employees of persons involved in discharge to sewers be informed of city requirements, the persons shall make available to their employees copies of this together with such other wastewater information and notices which may be furnished by the city from time to time and directed toward more effective water pollution control. (Ord. 82-20 § C(7)(C)(2), 1982)

13.12.110 Industrial waste – Prohibited discharges – Preventative measures.

Any direct or indirect connection or entry point which could allow prohibited or restricted substances to enter the user’s plumbing or drainage system shall be eliminated. Where such action is impractical or unreasonable the user shall appropriately label such entry points to warn against discharge of such wastes in violation of this title. (Ord. 82-20 § C(7)(C)(3), 1982)

13.12.120 Industrial waste discharge permit – Required generally.

Each person discharging or proposing to discharge industrial waste into a public sewer, private sewer, or side sewer tributary to the city sewerage system shall secure a waste discharge permit from the city unless otherwise provided in this chapter. (Ord. 82-20 § C(7)(D)(1), 1982)

13.12.130 Industrial waste discharge permit – Required for existing dischargers upon notice.

If the city determines that an industrial waste discharge presents a substantial risk of discharge of prohibited substances, or of discharges subject to city, federal, or state pretreatment requirements or permit regulations, or of discharges which can cause harmful effect to sewage facilities and treatment processes, the public health and safety or receiving waters, he may require by written notice that a permit be secured. Upon receipt of such notice, the person so notified shall apply for a waste discharge permit within 30 days. Extensions of time for submittal of an application may be granted by the city, not to exceed a total of 60 days. (Ord. 82-20 § C(7)(D)(2), 1982)

13.12.140 Industrial waste discharge permit – Required for change in existing discharge.

Any person proposing to make a change in an existing industrial waste discharge which will substantially change the volume of flow or the characteristics of the waste or establish a new point of discharge shall secure a new waste discharge permit before making such change. Application to the city must be made for such permit 30 days prior to the change in discharge. Extensions of time for submittal of an application may be granted by the city not to exceed 60 days. (Ord. 82-20 § C(7)(D)(3), 1982)

13.12.150 Industrial waste discharge permit – Required for new discharges.

Any person proposing to discharge industrial waste but not holding a valid waste discharge permit shall apply to secure a waste discharge permit. Application to the city must be made for such permit prior to beginning of discharge. (Ord. 82-20 § C(7)(D)(4), 1982)

13.12.160 Industrial waste discharge permit – Application – Required.

Applications for waste discharge permits shall be made to the city in writing on forms provided by the city and shall include such data, information and drawings as may be identified by the city. (Ord. 82-20 § C(7)(D)(5), 1982)

13.12.170 Industrial waste discharge permit – Application – Processing.

Applications for waste discharge permits will be processed in the following manner:

A. Public Notice. Upon receipt of a proper application for permit, the city shall instruct the applicant at its expense to publish notices thereof by such reasonable means and within such reasonable time as the engineer shall prescribe. The city shall require that the notice so prescribed shall be published twice in a newspaper of general circulation within the county and in a local newspaper serving the area where the industry is located and in such other appropriate information media as the engineer may direct. The notice shall include a statement that any person desiring to present his views with regard to the application may do so in writing to the engineer, provided the person submits his views or notifies the engineer of his interest within 30 days of the last date of publication of the notice. Such notification or submission of views to the engineer shall entitle the person to a copy of the action taken on the application. Upon receipt of an application, the engineer shall send notice of pertinent information to the directors of the State Department of Fisheries, Game, Ecology and Social and Health Services.

B. Coordination With Local Public Agency. Upon receipt of an application, the city will promptly provide a copy of the application to appropriate local public agencies. During the processing, the city will consult with such local public agencies to insure that the limitations and conditions of the waste discharge permit will meet requirements of such agencies pertaining to the discharge of waste into the local public sewer system.

C. Coordination With the State Department of Ecology and Federal Environmental Protection Agency. During the application process, the city will consult, as appropriate, with the State Department of Ecology and the Federal Environmental Protection Agency to determine the most satisfactory method of disposal for the industrial waste under consideration, and to insure that the conditions of the waste discharge permit will meet requirements of applicable state and federal regulations. (Ord. 82-20 § C(7)(D)(6), 1982)

13.12.180 Industrial waste discharge permit – Issuance.

If the engineer and/or the maintenance supervisor determine the characteristics of the proposed discharge or discharges meet the requirements of appropriate local public agencies, the State Department of Ecology, the Federal Environmental Protection Agency and any other applicable state and federal laws and regulations, and this title, the engineer shall issue a waste discharge permit to the applicant therefor with appropriate conditions. A copy of the permit and the completed application on which the permit is based will be submitted to the Department of Ecology. The appropriate local public agencies will be notified in writing of the issuance of such a permit and will be furnished with one copy of each permit issued within its jurisdiction at no charge. (Ord. 82-20 § C(7)(D)(7), 1982)

13.12.190 Industrial waste discharge permit – Conditions of granting.

A. Pretreatment Facilities. As a condition of the granting of a waste discharge permit, the permit holder may be required to install pretreatment facilities or make plant or process modifications as deemed necessary by the city to meet the requirements of this chapter and applicable federal and state standards. Such facilities or modifications shall be installed, constructed, operated and maintained at the permit holder’s expense in accordance with the provisions of this chapter, and in accordance with the rules and regulations of all local and governmental agencies.

B. Preoperative Inspection. Upon completion of pretreatment facilities or plant or process changes, no permit holder may discharge industrial waste therefrom into a public sewer, private sewer or side sewer tributary to the city sewerage system until inspection has been made by the city for compliance with conditions of the permit and with this title. (Ord. 82-20 § C(7)(D)(7)(a) and (b), 1982)

13.12.200 Industrial waste discharge permit – Modification of conditions.

Discharge conditions published in a waste discharge permit shall remain in effect for that permit until it expires, except that they may be revised from time to time as required by state or federal regulations and requirements or to meet any emergency. (Ord. 82-20 § C(7)(D)(8), 1982)

13.12.210 Industrial waste discharge permit – Revocation.

A. A permit shall be subject to revocation upon 30 days’ notice in writing if the city finds:

1. That it was procured by misrepresentation of any material fact or by lack of full disclosure in the application; or

2. That a material change in the volume of flow or characteristics of waste was effected without notice to the city and application to the city for a new permit was not made and a permit issued as required; or

3. That there has been a violation of the limitations or conditions of the permit and the permit holder refuses to take corrective action or that a violation has continued after notice thereof.

B. At the time that a permit is revoked, the engineer may thereafter require disposal of the waste in some manner other than into a public sewer, private sewer or side sewer tributary to the city sewerage system at the expense of the person whose permit is revoked. The appropriate local agency and the Department of Ecology will be notified in writing of the revocation of such permit. (Ord. 82-20 § C(7)(D)(9), 1982)

13.12.220 Industrial waste discharge permit – Suspension.

A permit may be temporarily suspended and further discharges halted by the engineer if he determines that waste discharges are in violation of waste discharge permit limitations or conditions or city, state, or federal standards and pose an immediate risk to public health and safety or will cause damage, obstruction or interference with treatment facilities. Such suspension shall be effective immediately upon written notice delivered to the permit holder’s business premises or posting at the point of discharge. (Ord. 82-20 § C(7)(D)(10), 1982)

13.12.230 Responsibilities of wastewater permit holder – Control of discharge.

It shall be the responsibility of every person to control the discharge of industrial waste into a public sewer, private sewer or side sewer tributary to the city in compliance with this title and the requirements of a waste discharge permit issued under the provisions of this title. (Ord. 82-20 § C(7)(E)(1), 1982)

13.12.240 Responsibilities of wastewater permit holder – Pretreatment facilities.

Whenever pretreatment facilities are required pursuant to this title, they shall be constructed, installed, operated and maintained at the expense of the permit holder and in a manner prescribed by the engineer. The permit holder shall maintain records indicating routine maintenance check dates, cleaning, and waste removal dates and means of disposal of accumulated wastes. Such records shall be retained for a minimum of three years and shall be subject to review in accordance with this title. Approval of proposed facilities or equipment by the engineer will not in any way guarantee that these facilities or equipment will function in the manner described by the contractor, or manufacturer, nor shall it relieve a person of the responsibility of enlarging or otherwise modifying or replacing such facilities to accomplish the intended purpose and to meet the applicable standards, limitations and conditions of a waste discharge permit. (Ord. 82-20 § C(7)(E)(2), 1982)

13.12.250 Responsibilities of wastewater permit holder – Waste analysis and reporting requirements.

A. Permit holders will be required to submit samples of industrial waste discharges, to perform tests and report the test results to the city, as required by the terms of the permit and if requested by state or local public agencies, or if deemed necessary by the engineer for the proper treatment, analysis or control of waste discharges. All such tests and reports shall be at the cost of the permit holder. The city shall have the right to implement and require, when deemed necessary by the engineer, a permit holder to obtain, install, operate and maintain an automatic sampler and/or analyzer to monitor its industrial waste discharges in the manner directed by the city.

B. To the degree practicable, the city will provide each permit holder or applicant with information on applicable city, state and federal waste analysis and reporting requirements; provided, however, that any failure or inadvertence to do so shall not excuse the permit holder from compliance with the requirements. (Ord. 82-20 § C(7)(E)(3), 1982)

13.12.260 Responsibilities of wastewater permit holder – Sampling manhole.

When required by the city, the permit holder shall install and maintain at his expense a suitable control manhole in his side sewer to facilitate observation, sampling, and measurement of wastes therein. Such manhole shall be located, if feasible, where it is accessible from a public road or street. It shall be constructed in accordance with plans approved by the city and shall be arranged so that flow measuring and sampling equipment and a shutoff gate or a screen may be conveniently installed by the city. The permit holder shall make access to such manhole available to the city at all times. (Ord. 82-20 § C(7)(E)(4), 1982)

13.12.270 Industrial cost recovery – Payment by industrial users.

Each industrial user of a treatment works constructed by the city wholly or partially with the use of federal grant money shall pay to the city that portion of the federal grant amount allocable to the treatment of the industrial users’ wastes as determined by federal regulations in addition to its proportionate share of costs of operation and maintenance and such user charges as may be lawfully imposed by the city. (Ord. 82-20 § C(7)(F), 1982)

13.12.280 Industrial cost recovery – Significant industrial users’ letter of intent.

Upon written request from the engineer in instances where the city has applied for federal grant money to construct treatment works, each significant industrial user shall send to the city a signed letter of intent to pay that portion of the federal grant amount allocable to the treatment of its wastes as determined by federal regulations. Each such letter shall also include a statement of the industrial user’s intended period of use of the treatment works. (Ord. 82-20 § C(7)(F)(a), 1982)

13.12.290 Industrial cost recovery – System.

A. Each year during the industrial cost recovery period, each industrial user of the treatment works shall pay to the city its share of the total amount of the grant and any grant amended awarded pursuant to this section, divided by the recovery period.

B. Payments shall be made by industrial users no less often than annually. The first payment by an industrial user shall be made not later than one year after such user begins use of the treatment works.

C. An industrial user’s share shall be based on all factors which significantly influence the cost of the treatment works. Factors such as strength, components, volume and delivery flow rate characteristics shall be considered and included to insure a proportional distribution of the federal grant assistance allocable to industrial use to all industrial users of a particular treatment works. At a minimum, an industry’s share shall be proportional based on its flow in relation to the treatment works flow capacity.

D. If there is a substantial change in the strength, components, volume or delivery flow rate characteristics introduced into the treatment works by an industrial user, such user’s share shall be adjusted accordingly.

E. If there is an expansion or upgrading of the treatment works, each existing industrial user’s share shall be adjusted accordingly.

F. An industrial user’s share shall include only that portion of the federal grant assistance allocable to its use or to capacity firmly committed for its use.

G. An industrial user’s share shall not include an interest component. (Ord. 82-20 § C(7)(F)(b), 1982)

13.12.300 Rates and charges.

Rates and charges for city sewer service shall be adopted by ordinance and published in the city’s combined fee schedule. (Ord. 2011-25 § 2, 2011: Ord. 82-20 § C(9), 1982)

13.12.305 Wastewater treatment plant capital facility surcharge.

Repealed by Ord. 2010-03. (Ord. 2009-35 § 2, 2009)

13.12.310 Violation – Criteria.

A. A violation of those limitations established under this chapter, federal, state or city pretreatment standards, or specific requirements of an industrial waste discharge permit shall occur, regardless of intent or accident when:

1. The maximum daily allowable concentration is violated under the following circumstances:

a. The arithmetic mean of concentrations for eight consecutive samples collected over intervals of 15 minutes or greater is in excess of the limitation;

b. The concentration of any single sample (whether grab or a sample within a series) exclusive of any fats, oils and greases, exceeds the limitation by a factor of four;

c. The arithmetic mean of the concentration of fats, oils or greases for three grab samples, taken no more frequently than at five-minute intervals, exceeds the limitations;

2. The arithmetic mean of the antilogarithm of the pH values of at least eight consecutive samples taken at intervals of 15 minutes or greater is less than an equivalent pH value of 5.5, or the pH of any single sample is less than 5.0;

3. The temperature limitation is exceeded for any single sample. Each discrete discharge exceeding such limitations, standards or requirements shall constitute a separate violation, or if such discharge is continuous, then each hour of the discharge shall constitute a separate violation.

B. A violation will be considered to have occurred if special reporting requirements established by permit are not complied with.

C. A violation will be considered to have occurred if mass related limitations for specific pollutants have been violated. A violation will be determined utilizing the formula:

(8.34) (millions of gallons discharged)

(concentration pollutant in mg/l)

The concentration used for the pollutant will be the arithmetic mean of those concentrations for samples collected during the period monitored or the concentration of a flow proportioned composite during that period. The volume will be determined by either a water meter or sewer meter serving the monitored process and read immediately prior to and after sampling. (Ord. 82-20 § C(7)(G)(1), 1982)

13.12.320 Violation – Notice.

Upon determination that a violation has taken or is taking place, a representative of the city shall make a reasonable effort to immediately notify the violating party. The first notification may be verbal if subsequently followed by written notification. Such written notification shall be entitled “Notice of Violation,” shall be signed by the engineer and shall specify the nature and source of the violation. Such written notice may be delivered to the business premises of an industrial user or may be submitted by regular mail to the address of the permit holder as given to the city. Following these notification procedures, applicable followup correspondence will be used to establish penalties as provided and/or corrective action to be taken by the violator. (Ord. 82-20 § C(7)(G)(2), 1982)