Chapter 13.20
SEWER—PRETREATMENT

Sections:

13.20.010    Prohibitions and limitations.

13.20.020    Preliminary treatment facilities.

13.20.030    Industrial pretreatment requirements.

13.20.040    Preliminary treatment facilities.

13.20.050    Fats, oils, and grease (FOG) control facilities.

13.20.060    Authority to inspect.

13.20.070    Compliance standards.

13.20.080    Administrative enforcement remedies.

13.20.090    Judicial enforcement remedies.

13.20.100    Supplemental enforcement action.

13.20.110    Affirmative defenses to discharge violations.

13.20.120    Statutory references.

13.20.010 Prohibitions and limitations.

A.    General Prohibitions. No nondomestic customer may introduce or cause to be introduced any pollutant or wastewater that causes pass through or interference with the wastewater treatment facility (WWTF). These general prohibitions apply to all WWTF nondomestic customers regardless of whether they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements (40 CFR 403.5(a) and WAC 173-216-060(2)(b)(i)).

B.    Specific Prohibitions. No nondomestic customer may introduce or cause to be introduced into the WWTF the following pollutants in any form (solid, liquid, or gaseous):

1.    Any pollutant that alone or by interaction may create a fire or explosive hazard in the WWTF, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (sixty degrees Celsius) using the test methods specified in 40 CFR 261.21 (40 CFR 403.5(b)(1)), or are capable of creating a public nuisance (WAC 173-216-060(2)(b)(ii)). This includes waste streams sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. At no time may a waste stream cause two successive readings on an explosion meter that exceed five percent, nor any single reading over ten percent of the lower explosive limit (LEL) of the meter at any point in the collection system or treatment works.

2.    Any pollutant that will cause corrosive structural damage to the WWTF, but in no case discharges with a pH less than 5.5 or more than 11.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the WWTF, unless the system is specifically designed to accommodate such discharge and the discharge is authorized by an applicable state wastewater discharge permit (40 CFR 403.5(b)(2) and WAC 173-216-060(2)(b)(iv)).

3.    Any solid or viscous substances including fats, oils, and greases in amounts that may cause obstruction to the flow in a WWTF or other interference with the operation of the WWTF (40 CFR 403.5(b)(3) and WAC 173-216-060(2)(b)(iii)).

4.    Any discharge of pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, is sufficient to cause interference with the WWTF (40 CFR 403.5(b)(4) and WAC 173-216-060(2)(b)(vi)).

5.    Any waste stream having a temperature that will inhibit biological activity in the treatment plant resulting in interference, or cause worker health or safety problems in the collection system. In no case will wastewater be discharged at a temperature which causes the temperature of the influent to the treatment plant to exceed one hundred four degrees Fahrenheit (forty degrees Celsius) unless the system is specifically designed to accommodate such a discharge, and the discharge is authorized by an applicable state wastewater discharge permit (40 CFR 403.5(b)(5) and WAC 173-216-060(2)(b)(v)).

6.    Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through (40 CFR 403.5(b)(6) and WAC 173-216-060(2)(b)(i)).

7.    Any pollutants that result in the presence of toxic gases, vapors, or fumes within any portion of the WWTF/sanitary sewer system in a quantity that may cause acute worker health and safety problems (40 CFR 403.5(b)(7) and WAC 173-216-060(b)(ii)).

8.    Any trucked or hauled wastes, except at discharge points designated by the city and in compliance with all applicable city requirements and during specified hours (40 CFR 403.5(b)(8)).

9.    Any noxious or malodorous liquids, gases, solids, or other wastewater that, singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair (WAC 173-216-060(2)(b)(ii)).

10.    Any of the following discharges unless approved by Ecology and the city under extraordinary circumstances such as the lack of direct discharge alternatives due to combined sewer service or need to augment sewage flows due to septic conditions (WAC 173-216-060(2)(b)(vii)):

a.    Noncontact cooling water in significant volumes;

b.    Stormwater; or

c.    Wastewaters significantly affecting system hydraulic loading, which do not require treatment or would not be afforded a significant degree of treatment by the WWTF.

11.    Any dangerous or hazardous wastes as defined in Chapter 173-303 WAC, as amended, except as allowed in compliance with that regulation (WAC 173-216-060(1) and 40 CFR Part 261).

12.    Any substance that will cause the WWTF to violate its SWD or other disposal or reuse system permits, or causing, alone or in conjunction with other sources, the WWTF’s effluent to fail a toxicity test or any other required test.

13.    Any substance that may cause the WWTF’s effluent, treatment residues, biosolids, grit, screenings or scums to be unsuitable for normal disposal or would interfere with the treatment process or cause the treatment facility to be in noncompliance with biosolids beneficial use or disposal criteria, guidelines, or regulations developed pursuant to the federal, state, or local statutes or regulations applicable to the biosolids management method being used.

14.    Any discharge that imparts color which cannot be removed by the WWTF’s process such as may be imparted by some dye wastes and vegetable tanning solutions, pond water, stormwater, wineries, distilleries, or breweries.

15.    Any discharge containing radioactive wastes or isotopes except as specifically approved by the superintendent in compliance with applicable state or federal regulations including WAC 246-221-190, Disposal by release into sanitary sewerage systems; and meeting the concentration limits of WAC 246-221-290, Appendix A, Table I, Column 2; and WAC 246-221-300, Appendix B.

16.    Any sludges, solids, screenings, or other residues from the pretreatment of industrial wastes or from industrial processes.

17.    Any biomedical wastes as defined in RCW 70A.228.010.

18.    Any detergents, surface-active agents, phosphates, or other substances in amounts which may cause excessive foaming in the WWTF.

19.    Any incompatible substance such as: grease, animal—including human—guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, kitty litter, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes, or any other organic or inorganic matter greater than one-half inch in any dimension.

20.    Any pesticides and/or insecticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA).

21.    Any wastewater that, in the opinion of the superintendent, can cause harm to the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance, unless allowed under a legal and binding agreement by the superintendent; however, no waiver may be given to any categorical pretreatment standard.

22.    Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit.

23.    Any garbage as defined in Section 13.16.020.

24.    Any waters or wastes having a BOD or containing suspended solids of such character and quality that unusual attention or expense is required to handle such materials at the WWTF.

25.    Any waters or wastes which contain in excess of one hundred milligrams per liter of fat waste, oil, or grease, whether or not emulsified, ether-soluble matter or any substance which may solidify or become viscous at temperatures above thirty-two degrees Fahrenheit.

26.    Wastes containing metals or substances with concentrations or mass totals greater than those listed in Section 13.20.030, Industrial pretreatment requirements.

C.    Pollutants, substances, or wastewater prohibited by this section must not be processed or stored in such a manner that they could be discharged to the WWTF.

(Ord. No. 670, § 1, 12-16-21).

13.20.020 Preliminary treatment facilities.

Pretreatment facilities are required as follows:

A.    Any waters or wastes entering the public sanitary sewer system meeting any of the following criteria:

1.    A five-day BOD greater than three hundred fifty parts per million by weight; or

2.    Containing more than three hundred fifty parts per million by weight of suspended solids; or

3.    Containing any quantity of substances having the characteristics described in Section 13.20.010; or

4.    An average daily flow greater than two percent of the city’s average daily sewage flow is subject to the review and approval of the superintendent or his or her designee.

B.    Where necessary in the opinion of the superintendent or his or her designee, the nondomestic customer must provide, at nondomestic customer’s sole expense, such preliminary treatment as may be necessary to:

1.    Reduce the BOD to three hundred fifty parts per million and the suspended solids to three hundred fifty parts per million by weight; or

2.    Reduce objectionable characteristics or constituents to within the maximum limits provided for in Section 13.20.010; or

3.    Control the quantities and rates of discharge of such waters or wastes or any two or all three of the above.

C.    Plans and specifications for proposed preliminary treatment facilities must be submitted by the nondomestic customer to the superintendent or his or her designee and the Washington State Department of Ecology for approval. No construction of such facilities will be started until these approvals are obtained in writing and the necessary permits are issued through the city of Mattawa. Facilities must be designed by a professional engineer registered in the appropriate discipline by Washington State and his/her stamp and signature must appear on the plans and specifications.

D.    Nondomestic customers must procure and properly install, operate, and maintain the wastewater facilities which, combined with appropriate practices, are necessary to achieve AKART. Such pretreatment facilities must be designed to achieve compliance with all applicable pretreatment standards and requirements within the time limitations specified by the EPA or Washington State, whichever is more stringent. Detailed plans showing the pretreatment facilities and operating procedures must be submitted to the city and to Ecology for review and approval in accordance with the procedures of Chapter 173-240 WAC and must be provided to the city before construction of the facility. Any review of such plans and operating procedures does not relieve the nondomestic customer from the responsibility to modify its facility as necessary to produce a discharge acceptable to the city and/or Ecology and to meet discharge limitations under the provisions of this chapter. Such facilities will be provided, operated, and maintained at the nondomestic customer’s expense.

E.    Nondomestic customers must comply with approved engineering reports, plans and specifications, and operations and maintenance manuals, and must modify such documents to reflect any proposed modifications of industrial wastewater (pretreatment) facilities. Nondomestic customers must submit proposals to modify pretreatment facilities to Ecology before implementation in accordance with Chapter 173-240 WAC. Nondomestic customers must submit a copy of such revised plans and Ecology’s acceptance to the superintendent before implementing changes to approved pretreatment facilities. The superintendent may audit the compliance of any nondomestic customer, and require changes in operating procedures the superintendent deems necessary to ensure continued compliance with applicable pretreatment standards and requirements.

(Ord. No. 670, § 1, 12-16-21).

13.20.030 Industrial pretreatment requirements.

A.    Federal Categorical Pretreatment Standards. National categorical pretreatment standards as adopted and as amended by the EPA must be met by all nondomestic customers in the regulated industrial categories. These standards, found in 40 CFR Chapter I, Subchapter N, Parts 405 through 471, as currently enacted and as amended, are incorporated by this reference.

B.    State Requirements.

1.    State requirements and limitations on discharges to the WWTF under Chapter 90.48 RCW and Chapters 173-201A, 173-216 and 173-240 WAC, as enacted and amended, must be met by all nondomestic customers subject to such standards. If any requirements or limitations under federal law or this chapter are less stringent, the requirements and limitations under the RCW and WAC control. This includes the requirement to meet AKART as whenever applicable and more stringent than the limits of subsection C of this section, Local Limits, and to comply with the requirements of subsection K of this section, Wastewater Discharge Permitting—Requirements for Discharge.

2.    Any nondomestic customer determined by the city to qualify as an SIU must file an application for a state waste discharge permit with Ecology in accordance with the requirements of WAC 173-216-070, as enacted or amended. Proof of acceptance of the application and payment of permit fees must be kept at the nondomestic customer’s facilities and produced upon the city’s request. Failure to submit the application to Ecology or rejection of the application by Ecology may be considered sufficient grounds to terminate or refuse to provide sewer service.

C.    Local Limits.

1.    The following pollutant limits are established to protect against pass through and interference. No person may discharge wastewater containing in excess of the following daily maximum allowable discharge concentration limits (maximum average concentration in a calendar day). These limits apply to the total in all states and forms.

Pollutant

Limit

Arsenic (As)

0.18 mg/L

Cadmium (Cd)

0.12 mg/L

Chromium (Cr)

2.50 mg/L

Copper (Cu)

1.00 mg/L

Cyanide (CN-)

1.00 mg/L

Lead (Pb)

0.30 mg/L

Mercury (Hg)

0.05 mg/L

Molybdenum

0.18 mg/L

Nickel (Ni)

0.93 mg/L

Selenium (Se)

0.42 mg/L

Silver (Ag)

0.40 mg/L

Zinc (Zn)

2.50 mg/L

Polar FOG

100 mg/L

Nonpolar FOG

100 mg/L

2.    The above limits apply at the point where the wastewater is discharged to the city-owned sewer system or sewer collection system (end of the pipe). All concentrations for metals are for “total” metal unless indicated otherwise. Ecology may impose mass limitations in addition to or in place of the concentration-based limitations above. Where a nondomestic customer is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard applies.

3.    The pollutant limits immediately apply to all nondomestic customers discharging wastewater to the WWTF with the following exceptions:

a.    Nondomestic customers discharging under permit prior to the implementation of this chapter are allowed a period up to two years to achieve compliance with the conditions of this chapter under the following conditions:

i.    The nondomestic customer submits a schedule of compliance to the superintendent and Ecology that will achieve compliance with this chapter within two years of the effective date of the ordinance codified in this chapter.

ii.    The city determines it is in the best interest of the community to authorize the discharge, and the discharge will not adversely impact the WWTF, cause a violation of the city’s SWD permit, or any other federal, state, or local regulation.

iii.    The nondomestic customer is currently providing AKART as determined by Ecology, or the schedule of compliance achieves AKART in the shortest reasonable length of time as an interim step in achieving full compliance.

iv.    The city and Ecology approve the compliance schedule in writing.

b.    Nondomestic customers that are determined by Ecology to have no potential, alone or in conjunction with other nondomestic customers, to violate any prohibited discharge standard (see Section 13.20.010, Prohibitions and limitations) may be exempt from compliance with specific pollutant concentration limits. Such determinations must be provided in writing to the superintendent. In such cases, these nondomestic customers will be subject only to implementing the more stringent of best management practices established by Ecology or the city. Such nondomestic customers cannot be SIUs or subject to categorical pretreatment standards or requirements. In such cases, the nondomestic customer must be designated as an insignificant industrial user (IIU) by Ecology and must be listed as such in the city’s annual industrial user (IU) survey update.

These exceptions are immediately void if (i) the discharge causes a violation of the city’s SWD permit, or any other federal, state, or local regulation, (ii) compliance with any compliance schedule milestone is not achieved within thirty calendar days of the established date, or (iii) any compliance schedule extends beyond two years from the effective date of the ordinance codified in this chapter. In such cases, the nondomestic customer is immediately responsible for compliance with the local limits in subsections (C)(1) and (C)(3) of this section.

D.    City’s Right of Revision.

1.    The city reserves the right to establish more stringent standards or requirements on discharges to the WWTF.

2.    The city may investigate any occurrence of pass through or interference of which it is made aware. Where pass through or interference has been caused because local limits do not exist for the pollutant, or where the existing limit is not sufficient to protect the WWTF, the city will amend the local limits to establish an appropriately restrictive limit and take such other measures, within its control and power, that are necessary to prevent recurrences.

E.    Dilution. No nondomestic customer may ever increase the use of water, combine separate waste streams, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The superintendent may request that Ecology impose mass limitations on nondomestic customers which he/she believes may be using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.

F.    Deadline for Compliance with Applicable Pretreatment Requirements.

1.    Except for existing nondomestic customers who have been granted temporary relief from local limits in accordance with subsection C of this section (Local Limits), existing sources to which one or more categorical pretreatment standards are applicable must comply with all applicable standards within two years of the effective date of the standard unless the pretreatment standard includes a more stringent compliance schedule. If local limits are more restrictive than the EPA’s categorical pretreatment standards, Ecology must establish a final compliance deadline date for any existing nondomestic customer (as defined herein) or any categorical user.

2.    New sources and new nondomestic customers as defined herein must comply with applicable pretreatment standards before beginning discharge. Prior to beginning discharge, such nondomestic customers must have all pollution control equipment required to meet applicable pretreatment standards installed and in proper operation.

G.    Additional Pretreatment Measures.

1.    Whenever deemed necessary, the superintendent may require nondomestic customers to comply with such conditions as may be necessary to protect the WWTF and determine the nondomestic customer’s compliance with this chapter. Such measures may include: restricting a discharge during peak flow periods; designating that certain wastewater be discharged only into specific sewers; requiring relocation and/or consolidation of discharge points; and/or separating sewage waste streams from industrial waste streams.

2.    Pretreatment devices may also be required pursuant to this section and Section 13.20.020.

3.    Nondomestic customers with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

4.    The superintendent may require a nondomestic customer discharging more than ten thousand gallons per day or ten percent of the average daily flow in the WWTF, whichever is less, to install and maintain, on its property and at its expense, a suitable storage and flow-control facility to ensure equalization of flow over a twenty-four-hour period. The facility must have a capacity for at least fifty percent of the daily wastewater discharge volume and be equipped with alarms and a rate of discharge controller. The superintendent will direct the control of discharges. The city may require the nondomestic customer to obtain a state wastewater discharge permit solely for flow equalization or to develop a slug discharge control plan (below) approved by Ecology.

H.    Accidental Spill/Slug Discharge Control Plans.

1.    The superintendent may require any nondomestic customer to install, properly operate, and maintain, at nondomestic customer’s own expense, facilities to prevent slug loads or accidental discharges of pollutants to the WWTF. The superintendent may require nondomestic customers to produce and/or implement spill plans developed in compliance with applicable OSHA, health, fire, and Ecology regulations applicable to discharges to the WWTF and approved by Ecology. Such plans must be provided to the superintendent within ten calendar days following Ecology’s approval, or upon request, whichever is first.

2.    Nondomestic customers must verbally notify the superintendent immediately upon the occurrence of a slug load or accidental discharge of substances regulated by this chapter and take immediate actions to correct the situation. Such notification must include, at a minimum, the following information:

a.    The location of discharge;

b.    The date and time thereof;

c.    The type of waste;

d.    The waste concentration and volume; and

e.    The corrective actions taken and planned. The nondomestic customer must follow up with a written notification to the superintendent and Ecology containing the same information within seven calendar days following the discharge.

3.    Any nondomestic customer who discharges an accidental discharge or slug load is liable for:

a.    Recovery of any resultant expenses, losses, and damages to the WWTF, including any violations of the city’s SWD permit and any third-party claims against the city or any of its agents;

b.    Recovery of any fines or settlements levied upon the city by any government agency or court of competent jurisdiction attributable to the discharge; and

c.    Applicable fines and penalties assessed upon the nondomestic customer by the city for noncompliance with this chapter.

I.    Septage and Liquid Hauled Wastes.

1.    No septage and liquid hauled wastes may be introduced into the WWTF without a valid contract with the city approving such activities. At a minimum, all new or amended contracts must include the following:

a.    Maximum term limit of ten years;

b.    Parties must review the terms of the contract every five years or whenever the city is required to update its SWD permit, whichever occurs first;

c.    Nondomestic customers must only discharge at the time, dates, location, and conditions as provided in the contract;

d.    Any payment for fees or charges imposed must consider and reflect the risk to the city and the WWTF;

e.    Nondomestic customer must provide full documentation of the wastes discharged under the contract upon the superintendent’s request;

f.    Full description of the amounts, types, and concentrations of the septage and liquid hauled wastes;

g.    Discharges must not violate any discharge prohibition, standard or requirement in this chapter, or cause, alone or in conjunction with other discharges, the city to violate its reuse, SWD permit, or any other applicable discharge; and

h.    City may immediately terminate or suspend the contract if the septage or hauled waste is suspected of causing deleterious impacts to the sewer system, workers or WWTF.

J.    Requirements to Complete Industrial User Surveys. The superintendent will periodically notify new, existing, and potential nondomestic customers of the requirement to complete an industrial user survey form. Upon notification, nondomestic customers must fully and accurately complete the survey form and return the completed form to the superintendent within thirty calendar days of receipt. Each nondomestic customer must maintain a copy of the latest completed survey form at their place of business. Failure to fully or accurately complete a survey form or to maintain the latest survey form on the premises where a wastewater discharge is occurring will be a violation of this chapter.

K.    Wastewater Discharge Permitting—Requirements for Discharge.

1.    No SIU may discharge wastewater to the WWTF without first obtaining a written statement from the superintendent that the WWTF has the hydraulic and/or loading capacity to accept the discharge. Each SIU must also comply with the state requirements listed in subsection B of this section, State Requirements, and in particular apply for and receive a state wastewater discharge permit from Ecology authorizing the discharge. The superintendent may require proof of application as a condition of new or continued discharge. Obtaining a state wastewater discharge permit does not relieve an SIU of the obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local regulation including the requirement for applying AKART.

2.    The superintendent may require other nondomestic customers, including liquid waste haulers, to apply for, and obtain, applicable state wastewater discharge permits as necessary to carry out the purposes of this chapter.

3.    The superintendent may also establish and require, in writing, nondomestic customers to implement those best management practices determined by Ecology to be representative of AKART or to discontinue use of any substance for which an effective substitute is available that will:

a.    Lessen the potential for violating this chapter or any water quality standard; or

b.    May represent a significant decrease either singly, or in combination with other similar nondomestic customers, in the toxicity of pollutant loadings to the WWTF.

4.    The city may require nondomestic customers seeking authorization to discharge to the WWTF to complete a pollution prevention review before submitting their request to discharge to the superintendent. The city may also require nondomestic customers who must submit a pollution prevention plan under the state’s Hazardous Waste Reduction Act to provide this plan to the superintendent as a condition of initial or continued discharge.

5.    Whenever a moratorium has been imposed upon the WWTF preventing the addition of new nondomestic customers, the superintendent may require any or all nondomestic customers of the WWTF to develop plans to reduce their discharges through water reuse, recycling, reclamation, or other applicable management practices, and to implement such plans or other measures deemed appropriate by the superintendent to preserve the availability of public sewage treatment services.

L.    Permit Requirements for Dangerous Waste Constituents. Nondomestic customers discharging a waste stream containing dangerous wastes as defined in Chapter 173-303 WAC, as amended (listed, characteristic, or criteria wastes), are required to obtain specific authorization to discharge the waste in a state waste discharge permit issued by Ecology.

M.    Disclosure of Records. Each nondomestic customer must have available, at the location of discharge, all records and reports required by this chapter, any applicable state and federal regulation, or any permit or order issued thereunder. Each nondomestic customer must make such records available for review by the superintendent during business hours, when activities are being conducted at the facility, and at all reasonable times. Failure to comply with this provision is a violation of this chapter.

N.    Reports From Unpermitted Nondomestic Customers. All nondomestic customers not obligated to obtain a state wastewater discharge permit from Ecology must provide appropriate reports to the city as the superintendent may require. The superintendent will determine the schedule and format of such reports, and the pollutant properties, flow rates, and other pertinent information to be reported.

O.    Record Keeping.

1.    Nondomestic customers subject to this chapter must retain and make readily available for inspection and copying all records of information maintained to comply with this chapter, a state waste discharge permit, or approved operations and maintenance procedures (inspections, lubrication, repair, etc.). Nondomestic customers subject to monitoring requirements must keep records of all required and voluntary monitoring activities.

2.    Monitoring records must include: the date, exact place, method, and time of sampling; the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses.

3.    These records must remain available for a period of at least three years. This period will be automatically extended for the duration of any litigation concerning the nondomestic customer or WWTF, or where the superintendent has specifically notified the nondomestic customer in writing that a longer retention period is required.

P.    Sampling Requirements for Nondomestic Customers. All nondomestic customers must abide by the sampling, monitoring, and analytical requirements of any applicable order, and any state or federal regulation or permit, including a state waste discharge permit. The superintendent may require proof of compliance with Ecology’s sampling and monitoring requirements, and the nondomestic customer must provide such proof upon request. Reports containing incomplete information are not compliant with this chapter.

(Ord. No. 670, § 1, 12-16-21).

13.20.040 Preliminary treatment facilities.

A.    Grease, oil, and sand interceptors must be provided when, in the opinion of the superintendent, they are necessary for the proper handling of wastewater containing grease and oil in excess of the limits in Section 13.20.030(C), Local Limits, or excessive amounts of sand or other settleable solids. In general, oil water separators will be required to connect to the storm sewer system rather than the sanitary sewer, unless written approval is provided by the superintendent. Interceptors are only required for nondomestic customers as defined in this chapter. All interceptors must be of a type and capacity as required under the Uniform Plumbing Code adopted by the city and approved by the superintendent and must be located in places easily accessible for cleaning and inspection. Each nondomestic customer must maintain, inspect, and clean required interceptors on a schedule that ensures the interceptors will capture the intended pollutants and prevents reintroduction into the storm or sanitary sewer systems. Nondomestic customers bear all expenses related to installation, maintenance, inspections, and repair of interceptors, and the proper disposal of removed materials.

B.    Reports and/or maintenance logs must document the date of service, volume pumped, name of the licensed disposal company (or employee completing the work), waste disposal location for each pretreatment device and other information on the form provided by the city. Maintenance records must be kept a minimum of three years at the location of the device and provided to the city upon request.

(Ord. No. 670, § 1, 12-16-21).

13.20.050 Fats, oils, and grease (FOG) control facilities.

A.    New Facilities. Grease interceptors designed to meet Uniform Plumbing Code requirements must be installed for all commercial and/or industrial facilities involving food preparation or that will discharge liquid waste as defined in Section 13.20.010, Prohibitions and limitations. A FOG control program plan shall be developed and submitted for new facilities prior to issuing a business license under Chapter 5.04.

B.    Existing Facilities With Pretreatment Devices. All existing commercial and/or industrial establishments involving food preparation or that discharge liquid waste containing polar and nonpolar grease, or any other wastes or ingredients as defined in Section 13.20.010, are allowed to operate and maintain existing equipment if the equipment is able to maintain discharges of less than one hundred ppm FOG. Any commercial and/or industrial facilities that are known to cause grease-related cleaning activities in the sanitary sewer, a grease-related sanitary sewer overflow, or fail to implement and enforce BMPs will be required to install a properly sized and functioning grease interceptor within ninety calendar days from written notification by the city. Any facilities that have existing grease traps that were not previously approved and are known to cause grease-related cleaning activities in the sanitary sewer or lateral must replace the grease trap with a grease interceptor.

C.    Existing Facilities Without Grease Removal. Any commercial establishment involving food preparation or that discharges any waste as defined in Section 13.20.010 is required to install a properly sized and functioning pretreatment device grease interceptor within ninety calendar days from the city’s written notification.

D.    FOG Control Program. All facilities required to have a FOG control pretreatment device shall enter into a sewer maintenance agreement with the city and develop and implement a FOG control program. The goal of the FOG control program is to implement reasonable and technically feasible controls of free-floating FOG. The basic components of the program shall include:

1.    A written program documenting management and corporate support for the plan and a commitment to implement planned activities and achieve established goals through the implementation and enforcement of best management practices;

2.    A description of the facility type and a summary of the products made and/or service provided;

3.    Quantities of fats, oils, and grease brought into the facility; amounts contained in the product; and quantities discharged to the sanitary sewer;

4.    A description of current FOG reduction, recycling, and treatment activities;

5.    Schematics of the process areas illustrating drains, interceptors, and discharge points connected to the sanitary sewer;

6.    Specific performance goals and implementation schedule.

E.    Enzymes, Bacteria and Other Agents. The direct addition into the building plumbing, grease trap, or interceptor of enzymes, chemicals or other agents designed to emulsify the grease compounds is prohibited. Any attempt to modify the trap into a biological reactor by adding bacterial or microbial agents is also prohibited.

F.    Inspection. City access to pretreatment devices must be granted in accordance with Section 13.20.060.

G.    Enforcement. In the event a pretreatment device fails a visual or effluent sample analysis inspection, the nondomestic customer will be given written notice of the noncompliant condition and must take immediate steps to bring the device into compliance. The nondomestic customer is solely responsible for all associated costs. Failure on any nondomestic customer’s part to maintain continued compliance with any requirements set forth in this code may result in the initiation of enforcement action. Such enforcement action may include, but is not limited to: a verbal request or warning documented in the inspection form, a warning letter/maintenance letter (via email, fax, USPS, or hand delivery), notice of violation, termination of any city services, or facility closure as outlined in Sections 13.24.255 and 13.24.260. Both cleaning and maintenance actions when FOG discharge violations are ongoing must be completed in seven calendar days. The business contact must contact the city official for a reinspection. An extension may be granted by the superintendent, if corrective actions have been initiated (e.g., an appointment made with a contractor to address a maintenance concern). In the case of an impending backup or current obstruction, the superintendent may require the corrective action be taken immediately. If an obstruction of the sanitary sewer collection system occurs that causes a sanitary sewer backup and/or overflow, and such overflow can be attributed in part or in whole to an accumulation of any material as defined in Section 13.20.010 in the sanitary sewer main line, the city may take appropriate enforcement actions, as stipulated in this chapter against the generator or contributor of such materials. These actions may include, without limitation, recovery of all costs associated with cleanup activities, fines, civil penalties, or discontinuing sanitary sewer and water service.

Any person who knowingly makes any false statements, representation, record, report, or other document filed with the city or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter is subject to penalties as set forth in this chapter.

H.    Pretreatment devices must be constructed in accordance with Section 15.12.030 and the city of Mattawa construction standards, latest edition.

I.    Exemptions. Grease traps will not be accepted as an alternative to grease interceptors except as approved in writing by the superintendent. At a minimum, the following conditions must apply:

1.    Grease traps must have twice the required grease storage capacity as required in the Uniform Plumbing Code for the applicable flow rate. Grease traps must be sized for twenty-five gpm/fifty lbs., minimally.

2.    A single grease trap must not serve more than one building or tenant space.

3.    FOG removal devices must not be installed without a permit as required by Section 13.24.050.

J.    Pretreatment devices must be designed by a professional engineer, licensed and authorized to do business in the state of Washington, to accept all grey water from the facility to include: hand-washing sinks, mop sinks, any sink used in beverage or food preparation, dishwasher waste, and any garbage disposals, grinders, or shredders. If the facility is equipped with a hydromechanical grease interceptor (i.e., grease trap), discharge must be pretreated as follows:

1.    A dishwasher or sanitizer must have a dedicated trap or solids interceptor to capture large amounts of solids, and allow high temperature waste water to cool before entering the hydromechanical grease interceptor. The design must demonstrate that the specified grease trap has an adequate flow capacity to handle all of these connections. The minimum grease trap capacity is twenty-five gpm and fifty lbs.

(Ord. No. 670, § 1, 12-16-21).

13.20.060 Authority to inspect.

A.    Duly authorized city employees bearing proper credentials and identification will be permitted to enter upon all properties in order to inspect, observe, measure, sample, and test effluents destined for the WWTF. Any such intrusions will be conducted in accordance with the provisions of this chapter.

B.    Inspection. The city may inspect pretreatment devices on both a scheduled and unscheduled unannounced basis to determine whether the requirements set forth in this chapter are being met. Each establishment using a pretreatment device must allow city representatives, or other authorized employees bearing proper credentials and identification, access at all reasonable times or during normal hours of operation to all parts of the premises for the purpose of inspection, observation, records examination, measurement, sampling and testing in accordance with the provisions of this code. The city has the right to set up on any property devices necessary for conducting wastewater sampling inspection, compliance monitoring and/or metering operations. All costs for laboratory collection and analysis are the responsibility of the establishment. The city representative may request a business representative be present during the inspection to: open, operate, or assist in inspecting the device as required to prove operating effectiveness. During inspection, the factors set forth in Section 13.20.070 will be considered the minimum standards to determine compliance.

(Ord. No. 670, § 1, 12-16-21).

13.20.070 Compliance standards.

A.    Compliance and Maintenance Schedule. Grease interceptors will be considered out of compliance if the average accumulation of scum, suspended solids, and sludge (measured by depth) in the device totals twenty-five percent of the total depth. Grease traps will be considered out of compliance if the average accumulation of scum, suspended solids and sludge (measured by depth) in the device totals fifteen percent of the total depth. Grease interceptors and traps must be serviced and emptied of accumulated waste content as required to maintain a minimum design capability or effective volume, but not less than once every one hundred eighty calendar days. If a facility determines that cleaning every one hundred eighty calendar days is unnecessary in order to remain in compliance with city requirements, the facility may make a written request for a variance from the cleaning schedule.

B.    Oil water separators (OWS) will be considered out of compliance if the average accumulation of oils, suspended solids and sludge (measured by depth) in the device totals twenty-five percent of the total depth. OWS must be serviced and emptied of accumulated waste contents as required to maintain a minimum design capability or effective volume, but not less than once every one hundred eighty calendar days. If a facility determines that cleaning every one hundred eighty calendar days is unnecessary in order to remain in compliance with city requirements, the facility may make a written request for a variance from the cleaning schedule.

C.    Operability. The devices and all corresponding parts and pieces must be properly installed and in good working order (e.g., lids must open and work freely, seal must be in good condition, threads on bolts and nuts must work freely and fasten properly). No debris, equipment supplies, or storage units or any other materials may be stacked or placed within a three-foot radius of the device’s access lids or sampling ports.

D.    Noncompliance. The following conditions are considered noncompliance:

1.    If amounts of FOG in excess of one hundred ppm are evident in the effluent tee, or chamber, of the device. This will be determined by visual inspection (identifying a residue, sheen or grease bloom) or by sampling and laboratory testing;

2.    Sanitary wastes are introduced into the pretreatment device;

3.    Flushing the grease interceptor with large quantities of water in an effort to cause accumulated grease to pass through is prohibited;

4.    For OWS, if coalescing plates or filters appear to be plugged or are otherwise not functioning.

E.    Disposal.

1.    Any facility that has a grease interceptor must utilize a licensed disposal company to clean the device and properly dispose of the waste. Wastes removed from a device must be disposed of at a facility permitted to receive such waste in accordance with all city, county, state and federal regulations. Grease, solids, or liquids removed from pretreatment devices must not be returned to any grease interceptor, private sanitary sewer line, any portion of the sanitary sewer collection system, or any portion of the stormwater system.

2.    Any facility that has a grease trap may utilize a licensed disposal company or employee to clean the interceptor and dispose of the waste properly. These disposal methods include:

a.    Absorbing liquids with the proper materials.

b.    Storing the removed materials in a leak-proof container and disposing of them in accordance with state and local regulations (e.g., in a sanitary landfill).

c.    Recycling the removed materials with a licensed disposal or recycling contractor.

3.    Any facility that has an OWS must utilize a licensed disposal company to clean the device and dispose of the waste properly by recycling or disposing of the removed materials with a licensed disposal or recycling contractor.

(Ord. No. 670, § 1, 12-16-21).

13.20.080 Administrative enforcement remedies.

A.    Notification of Violation. When the superintendent finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may serve upon that user a written notice of violation (via certified letter). Within thirty days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

B.    Consent Orders. The superintendent may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsections D and E of this section and shall be judicially enforceable. Use of a consent order shall not be a bar against, or prerequisite for, taking any other action against the user.

C.    Show Cause Hearing. The superintendent may order (via a certified letter) a user who has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

D.    Compliance Orders. When the superintendent finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a time specified in the order. If the user does not come into compliance within the time specified in the order, sewer service may be discontinued until adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

E.    Cease and Desist Orders. When the superintendent finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:

1.    Immediately comply with all requirements; and

2.    Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

F.    Administrative Fine.

1.    When the superintendent finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may fine such user in an amount not less than five hundred dollars and not to exceed ten thousand dollars. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

2.    Unpaid charges, fines and penalties shall, after thirty calendar days, be assessed an additional penalty of five percent of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month. A lien against the user’s property will be sought for unpaid charges, fines and penalties.

3.    Users desiring to dispute such fines must file a written request for the superintendent to reconsider the fine along with full payment of the fine amount within thirty days of being notified of the fine. Where a request has merit, the superintendent shall convene a hearing on the matter within fifteen days of receiving the request from the user. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

4.    Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

G.    Emergency Suspensions. The superintendent may immediately suspend a user’s discharge (after informal notice to the user) whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The superintendent may also immediately suspend a user’s discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the sewage works, or which presents or may present an endangerment to the environment.

1.    Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the sewage works, its receiving stream, or endangerment to any individuals. The water and waste utilities department shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings in subsection H of this section are initiated against the user.

2.    A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the superintendent prior to the date of any show cause or termination hearing under subsections C and H of this section.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

H.    Termination of Discharge (Nonemergency). Any user that violates the following conditions is subject to discharge termination:

1.    Violation of wastewater discharge permit conditions;

2.    Failure to accurately report the wastewater constituents and characteristics of its discharge;

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

4.    Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling; or

5.    Violation of the pretreatment standards in this chapter.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection C of this section why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. No. 670, § 1, 12-16-21).

13.20.090 Judicial enforcement remedies.

A.    Injunctive Relief. When the superintendent finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may petition the Grant County Superior Court through the city’s attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this program on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

B.    Civil Penalties.

1.    A user who has violated or continues to violate any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, shall be liable to the city for a maximum civil penalty of five thousand dollars per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

2.    The superintendent may recover reasonable attorneys’ fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses and the cost of any actual damages incurred by the city.

3.    In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user and any other factor as justice requires.

4.    Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

C.    Civil Prosecution.

1.    A user who has willfully or negligently violated any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, shall have committed a civil infraction subject to a C-28 civil penalty as set forth in Section 1.08.010.

2.    A user who has willfully or negligently introduced any substance into the sewage works which causes personal injury or property damage shall have committed a civil infraction subject to a C-28 civil penalty as set forth in Section 1.08.010. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

3.    A user who knowingly made any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this chapter, shall have committed a C-28 civil infraction subject to a civil penalty as set forth in Section 1.08.010. In addition, the user shall be subject to:

a.    The provisions of 18 U.S.C. Section 1001 relating to fraud and false statements;

b.    The provisions of Section 309(c)(4) of the Clean Water Act, as amended governing false statements, representation or certification; and

c.    The provision of Section 309(c)(6) of the Clean Water Act, regarding responsible corporate officers.

D.    Remedies Nonexclusive. The provisions in Section 13.20.080 through 13.20.100 are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the city reserves the right to take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.

(Ord. No. 670, § 1, 12-16-21).

13.20.100 Supplemental enforcement action.

A.    Performance Bonds. The superintendent may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this chapter, a previous wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the superintendent to be necessary to achieve consistent compliance.

B.    Liability Insurance. The superintendent may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this chapter, a previous wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the sewage works caused by its discharge.

C.    Water Supply Severance. Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply.

D.    Public Nuisances. A violation of any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the superintendent. Any person(s) creating a public nuisance shall be subject to the provisions of Chapter 1.30 governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance.

(Ord. No. 670, § 1, 12-16-21).

13.20.110 Affirmative defenses to discharge violations.

A.    Upset.

1.    For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with applicable pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

2.    An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the requirements of subsection (A)(3) of this section are met.

3.    A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

a.    An upset occurred and the user can identify the cause(s) of the upset;

b.    The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

c.    The user has submitted the following information to the sewage works and treatment plant operator within twenty-four hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

i.    A description of the indirect discharge and cause of noncompliance;

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

iii.    Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

4.    In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

5.    Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with applicable pretreatment standards.

6.    Users shall control production of all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

B.    Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in Section 13.20.010 if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

1.    A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

2.    No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

C.    Bypass.

1.    For the purposes of this section:

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

b.    “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. “Severe property damage” does not mean economic loss caused by delays in production.

2.    A user may allow any bypass to occur which does not cause applicable pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections (C)(3) and (4) of this section.

3.    Notice of Bypass.

a.    If a user knows in advance of the need for a bypass, it shall submit prior notice to the sewage works, at least ten days before the date of the bypass, if possible.

b.    A user shall submit oral notice to the city of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The sewage works may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.

4.    Bypass Conditions.

a.    Bypass is prohibited, and the sewage works may take an enforcement action against a user for a bypass, unless:

i.    Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

ii.    There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

iii.    The user submitted notices as required under subsection (C)(3) of this section.

b.    The sewage works may approve an anticipated bypass, after considering its adverse effects, if the sewage works determines that it will meet the three conditions listed in subsection (C)(4)(a) of this section.

(Ord. No. 670, § 1, 12-16-21).

13.20.120 Statutory references.

State and federal statutes and administrative regulations referenced in this chapter are hereby adopted pursuant to RCW 35A.12.140 as though fully set forth in this chapter, and as presently constituted or as may be subsequently amended.

(Ord. No. 670, § 1, 12-16-21).