Chapter 13.52 RESTRICTED DISCHARGES AND PRETREATMENT

A. All measurements, tests and analyses of the characteristics of water and waste to which reference is made in the utility code shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at such control manhole. In the event that no special manhole is required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

B. Sampling shall be carried out by customarily accepted methods to reflect the effect the effluent may be having on the sewer works and to determine the possible impact to the public welfare. (Ord. 15-05 § 2, 2015)

13.52.020 Sanitary sewers – Prohibited discharges.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or polluted industrial process waters to any sanitary sewer. (Ord. 15-05 § 2, 2015)

13.52.030 Storm sewer use requirements.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the public works director. Industrial cooling water or unpolluted process waters may be discharged to a storm sewer or natural outlet, upon written approval of the director. (Ord. 15-05 § 2, 2015)

13.52.040 Nonpermitted discharges designated.

No person shall discharge or cause to be discharged any one of the following described waters or wastes to any public sewers:

A. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; nor any kerosene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides;

B. Any water or waste containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other waste, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two mg/l of cyanide in the waste as discharged to the public sewer;

C. Any water and waste having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

D. Solids or visceral substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, feathers, tar, asphalt, lubricating oil, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (Ord. 15-05 § 2, 2015)

13.52.050 Prohibited discharges.

A. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely, in the opinion of the public works director or designee, that such wastes can harm either the sewer system, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger public health, safety or welfare, or constitute a nuisance. In forming such opinion, the public works director or designee will give consideration to such factors as to quantities of waste in relation to flows and velocities in the sewer system, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of waste in the sewage treatment plant, and other pertinent factors.

B. The substances prohibited are:

1. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees centigrade);

2. Any water or waste containing fats, gas, grease or oils, whether emulsified or not, in excess of 100 mg/l, or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero and 65 degrees centigrade), or which has a temperature which will inhibit biological activity in the treatment plant, and in no case wastewater with a temperature at the introduction into the treatment plant receiving water which exceeds 105 degrees Fahrenheit (40 degrees centigrade);

3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the public works director;

4. Any water or waste containing strong acid, iron pickling wastes, or concentrated plating solutions, whether neutralized or not;

5. Any water or waste containing iron, chromium, copper, zinc, lead, nickel, silver, mercury, cadmium or other similar toxic substances which exceed EPA or DEQ standards;

6. Any water or waste containing high concentrations of phenols or other taste- or odor-producing substances;

7. Any radioactive waste or isotopes of such half-life or concentration as may exceed state or federal requirements;

8. Any water or waste having a pH in excess of 9.5;

9. Materials which exert or cause:

a. Unusual concentrations of inert suspended solids, such as fuller’s earth, lime slurries and lime residues, or of dissolved solids such as sodium chloride and sodium sulphate,

b. Excessive discoloration, such as dye waste and vegetable tanning solutions,

c. Unusual BOD or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works,

d. Unusual volume of flow or concentration of waste constituting slugs, as defined in Chapter 13.02 SMC;

10. Water or waste containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving water. (Ord. 15-05 § 2, 2015)

13.52.060 Rejection or pretreatment conditions.

If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics outlined in SMC 13.52.050, and which may have a detrimental effect upon the sewage works, processes, equipment or receiving water, or which otherwise may create a hazard to life or constitute a public nuisance, the public works director may:

A. Reject the wastes;

B. Require pretreatment to an acceptable condition for discharge to the public sewer;

C. Require control over the quantities and rates of discharge; and/or

D. Require payment to cover any increase of administering the wastewater permit, the added cost of chemicals needed to address the situation, and the added cost of handling and treating the wastes not covered by existing taxes, fees or other charges under the provisions of the utility code. (Ord. 15-05 § 2, 2015)

13.52.070 Grease, oil and sand interceptors.

Grease, oil and sand interceptors shall be provided when, in the opinion of the public works director, they are necessary for the proper handling of wastes containing grease in excessive amounts, or any flammable wastes, and/or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the public works director, and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 15-05 § 2, 2015)

13.52.080 Pretreatment facilities – Operation and maintenance.

Where preliminary treatment or flow-equalizing facilities are provided for any water or waste, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner’s own expense. (Ord. 15-05 § 2, 2015)

13.52.090 Control manhole for tests.

When required by the public works director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the public works director. Any cost to the city for required non-city sampling or testing shall be paid by the owner affected. The manhole shall be installed by the owner at the owner’s own expense, and shall be maintained by the owner so as to be safe and accessible at all times. (Ord. 15-05 § 2, 2015)

13.52.100 Special agreements not restricted.

A. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the industrial concern, and provided such agreement is in compliance with EPA and DEQ regulations.

B. When requested, an industrial user must submit information on a survey form prepared by the public works director before commencing discharge into the city wastewater system, identifying the nature and characteristics of the user’s wastewater. The director may periodically require industrial users to update the survey. Failure to complete this survey within the time set by the director is grounds for terminating service to the industrial user. (Ord. 15-05 § 2, 2015)

13.52.110 Discharges prohibited without a permit.

A. No industrial user shall discharge wastewater into the city’s municipal wastewater system without first obtaining a wastewater permit.

B. No permittee shall violate the terms and conditions of a wastewater permit issued pursuant to this chapter. Obtaining a wastewater permit does not relieve a permittee from the obligation to obtain other permits required by federal, state, or local law. (Ord. 15-05 § 2, 2015)

13.52.120 Permitting existing connections.

Any industrial user, not already possessing a permit, that discharges industrial waste into the city wastewater system prior to the effective date of this chapter and who wishes to continue such discharges in the future shall, within 90 days after the effective date, apply to the city for a wastewater permit, and shall not cause or allow discharges to the system to continue after 180 days of the effective date except in accordance with a permit issued by the public works director. (Ord. 15-05 § 2, 2015)

13.52.130 Permitting new or renewed connections.

A. Any industrial user proposing to begin or to recommence discharging industrial wastes directly or indirectly into the city wastewater system must obtain a wastewater permit prior to beginning or recommencing such discharge.

B. An application for a permit renewal must be received at least 90 days before the current permit expires. (Ord. 15-05 § 2, 2015)

13.52.140 Wastewater permit issuance.

A. Within 60 days of the date the public works director deems a permit application complete, the director will evaluate the data furnished by the industrial user and determine whether a wastewater permit should be issued. The director will issue a permit within said 60 days unless a circumstance identified in subsection (B) of this section exists.

B. If any wastewater proposed to be discharged to the city wastewater system contains substances identified or possesses the characteristics enumerated in SMC 13.52.040 and 13.52.050 which, in the director’s judgment, may have a deleterious effect upon the city wastewater system, processes, equipment, or waters of the state, or otherwise create a hazard to life or constitute a public nuisance, the director may:

1. Refuse to permit the discharge;

2. Require pretreatment to an acceptable condition for discharge into the city wastewater system; or

3. Require control over the quantities and rates of discharge. (Ord. 15-05 § 2, 2015)

13.52.150 Wastewater permit duration.

Permits shall be issued for a time period of five years. Each permit shall indicate the specific date upon which it will expire. (Ord. 15-05 § 2, 2015)

13.52.160 Wastewater permit contents.

A wastewater permit shall include such conditions deemed reasonably necessary by the public works director, or designee, to prevent pass through or interference and to implement the objectives of this chapter.

A. Wastewater permits shall, at a minimum, contain:

1. A statement of permit duration;

2. A statement the permit is nontransferable;

3. Effluent limits applicable to the industrial user, including best management practices, based on applicable pretreatment standards in 40 CFR Part 403, categorical pretreatment requirements, local limits, and state and local law;

4. Monitoring, sampling, reporting, notification, and record keeping requirements, including an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

5. Statement of applicable penalties for violation of pretreatment standards, pretreatment requirements, and compliance schedules; and

6. Requirements to control spills or slug discharges as determined necessary by the POTW, including conditions for emergency suspension of the permit, or conditions thereof.

B. Permits may contain:

1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

2. Limits on the instantaneous daily and monthly average, and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties;

3. Requirements for the installation of pretreatment technology or construction of appropriate containment devices or other similar technologies or devices designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

4. Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges;

5. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the city wastewater system;

6. Requirements for installation and maintenance of inspection and sampling facilities and equipment;

7. Specifications for monitoring programs, which may include designation of sampling locations and frequency of sampling; the number, types, and standards for tests; and reporting schedules;

8. Requirements for immediate reporting of any instance of noncompliance and for automatic resampling and reporting within 30 days of such noncompliance where monitoring indicates a violation;

9. Compliance schedules for meeting pretreatment standards and pretreatment requirements;

10. Requirements for submission of periodic monitoring or special notification reports;

11. Requirements for maintaining and retaining plant records relating to wastewater discharge, and affording the director or his designee access thereto;

12. Requirements for prior notification and approval by the public works director, or designee, of any introduction of new wastewater pollutants or any unpermitted change in the volume or character of wastewater prior to introduction in the city wastewater system;

13. Requirements for prior notification to and approval by the director of any significant change in the manufacturing and/or pretreatment process;

14. Requirements for immediate notification of excessive, accidental, or slug discharges, or other discharge which may cause any problems to the city wastewater system;

15. A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards and pretreatment requirements, including those which become effective during the term of the permit; and

16. Other conditions deemed appropriate by the director to ensure compliance with this chapter; state and federal laws, rules, and regulations; and the terms of the permit. (Ord. 15-05 § 2, 2015)

13.52.170 Wastewater permit appeals.

Any person, including the permittee, may appeal the conditions imposed in a permit, or the issuance or denial of a permit within 10 days of the issuance of the final permit by filing a notice of appeal, as provided for in SMC 13.52.380.

A. Failure to submit a timely notice of appeal shall be a waiver of all rights to administrative review.

B. In addition to the requirements in SMC 13.52.380, the appellant shall indicate the specific objection, the reasons for the objection, and alternative conditions, if any, the appellant seeks to have placed in the permit.

C. The effectiveness of the permit shall not be stayed pending resolution of appeal. (Ord. 15-05 § 2, 2015)

13.52.180 Wastewater permit modifications.

A. The public works director may modify a permit for good cause including, but not limited to, the following:

1. To incorporate any newly revised federal, state, or local pretreatment standards or pretreatment requirements;

2. To address significant alterations or additions to the industrial user’s operation, processes, or wastewater volume or character since the time of permit issuance;

3. A change in the city wastewater system that requires either a temporary or permanent reduction or elimination of the permitted discharge;

4. Information indicating that the permitted discharge poses a threat to the city wastewater system, city personnel, or waters of the state;

5. Violation of any terms or conditions of the wastewater permit;

6. Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting;

7. A revision or grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; or

8. To correct typographical or other errors in the permit.

B. The filing of a request by the permittee for a permit modification does not stay any permit condition. (Ord. 15-05 § 2, 2015)

13.52.190 Wastewater permit transfer.

Permits may not be reassigned or transferred from the permittee to a new industrial user. (Ord. 15-05 § 2, 2015)

13.52.200 Wastewater permit reissuance.

An industrial user shall apply for permit reissuance by submitting a complete permit application no later than 90 days before the expiration of the user’s permit. (Ord. 15-05 § 2, 2015)

13.52.210 Reports of potential problems.

A. If an accidental, slug, or other discharge occurs which may cause problems for the city wastewater system, the user shall immediately notify the city by telephone of the incident. Notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

B. Unless waived by the director, within five days following an accidental discharge, the user shall submit a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any fines, civil penalties, expense, loss, damage, or other liability that may be incurred or imposed as a result of damage to the city wastewater system, natural resources, or persons or property.

C. Failure to notify the city of potential problem discharges shall be deemed a separate violation of this chapter.

D. Industrial users shall prominently post a notice on a bulletin board or other similar place readily accessible to the user’s employees, advising the employees of whom to call in the event of a potential problem discharge, and shall train all employees in the emergency notification procedure.

E. Where the city has performed the sampling and analysis in lieu of the industrial user, the control authority must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling may not be required if:

1. The city performs sampling at the industrial user at a frequency of at least once per month, or the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the control authority receives the results of this sampling.

2. Cost to the city for repeat analysis may be recouped per SMC 13.52.060. (Ord. 15-05 § 2, 2015)

13.52.220 Reports of significant production change.

An industrial user operating under a waste discharge permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the city within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the city of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate. For purposes of this section the term “significantly” will be defined in the permit. An industrial user is not required to report or warn of a production change unless it will change the industrial discharge to an extent not allowed by the industrial user’s permit. (Ord. 15-05 § 2, 2015)

13.52.230 Inspection and sampling.

A. An industrial user shall allow the city to enter the facilities of the user without unreasonable delay, to ascertain whether the user is complying with pretreatment standards and pretreatment requirements. Industrial users shall allow the public works director, or designee, ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

B. If an industrial user has security measures that require identification and clearance before entry, the industrial user shall make necessary arrangements with its security guards so that upon presentation of proper identification personnel from the city, state, and the EPA will be permitted entry without unreasonable delay to perform their specific responsibilities.

C. The city, state, and the EPA shall have the right to set up or require installation of such devices as are necessary to conduct sampling and/or metering of the industrial user’s operations.

D. The city may require the industrial user to install all necessary monitoring equipment. The facility’s sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the industrial user at the industrial user’s expense. A qualified technician must calibrate all devices used to measure wastewater flow and quality at least twice yearly to ensure accuracy.

E. Any obstruction to safe and easy access to the industrial facility shall be promptly removed by the industrial user at the request of the director and shall not be replaced. The costs of removal shall be borne by the industrial user.

F. Unreasonable delays in allowing city personnel access to the industrial user’s premises shall be a violation of this chapter. (Ord. 15-05 § 2, 2015)

13.52.240 Search warrants.

If the director is refused access to a building, structure, or property, or any part thereof, and has probable cause to believe there may be a violation to this chapter or needs to conduct an inspection as part of a routine program designed to protect the overall public health, safety, and welfare of the community, the director may apply for a search warrant from a court of competent jurisdiction. The application shall identify the specific location to be searched, and shall specify what locations may be searched and what property may be seized. After issuance, the director will serve the warrant at reasonable hours. (Ord. 15-05 § 2, 2015)

13.52.250 Confidential information.

A. Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits, monitoring programs, and city inspection and sampling activities shall be available to the public without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the city attorney that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets, and are exempt from disclosure under applicable law.

B. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 are not confidential and will be available to the public without restriction.

C. Any information determined to be exempt from disclosure under subsection (A) of this section shall remain confidential, and portions of a report which might disclose trade secrets or secret processes shall not be available for public inspection; provided, that such information shall be made available to governmental agencies for uses related to this chapter or the NPDES program. Notwithstanding subsection (A) of this section, no information is confidential if the information is relevant to, and necessary for, enforcement proceedings involving the person furnishing the report.

D. For the purposes of this section, a specific request is made when the words “confidential business information” are stamped on each page containing such information. If no such specific request is made at the time of furnishing the report, the city may make the information available to the public without further notice.

E. All costs, expenses and attorney’s fees associated with defending a request for confidential information shall be the responsibility of the industrial user requesting confidentiality. (Ord. 15-05 § 2, 2015)

13.52.270 Notification of violation.

Whenever any industrial user has violated or is violating this chapter, a wastewater permit or order issued hereunder, or any pretreatment standard or pretreatment requirement, the director may issue a written notice of violation. Within 10 days of the receipt of this notice, the industrial user shall submit an explanation of the violation and a detailed plan for the satisfactory correction of the violation and the prevention of future violation. Submission of this plan does not relieve the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the city authority to take emergency action without first issuing a notice of violation. (Ord. 15-05 § 2, 2015)

13.52.280 Consent orders.

The director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with an industrial user to resolve issues of noncompliance. Such orders shall include the specific action to be taken by the industrial user to correct noncompliance within a time period specified in the order. Consent orders shall be judicially enforceable, and any costs, including attorney’s fees, incurred by the city in seeking such enforcement shall be assessed against the industrial user as part of any judgment entered therein. (Ord. 15-05 § 2, 2015)

13.52.290 Compliance orders.

When the director finds an industrial user has violated or continues to violate any provision of this chapter, or a permit or order issued hereunder, or any pretreatment standard or pretreatment requirement, the director may issue an order discontinuing the industrial user’s sewer service unless compliance is obtained within a time certain stated in the order. Compliance orders may contain other requirements necessary and appropriate to correct noncompliance, including additional monitoring and changes to management practices designed to minimize the amount of pollutants discharged to the city wastewater system. The director may require additional monitoring for at least 90 days after consistent compliance has been achieved, after which monitoring conditions set forth in industrial user’s discharge permit shall be followed. (Ord. 15-05 § 2, 2015)

13.52.300 Cease and desist orders.

A. When an industrial user has violated or continues to violate any provision of this chapter, permits or orders issued hereunder, or any pretreatment standard or pretreatment requirement, the director may issue a notice and proposed order to the industrial user to cease and desist all such violations and commanding the user to:

1. Immediately comply with all requirements.

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

B. The director may order any industrial user that causes or contributes to a violation of this chapter, wastewater permits or orders issued hereunder, or any pretreatment standard or pretreatment requirement to appear and show cause why a cease and desist order should not be issued.

C. The city will serve notice on the industrial user specifying the time and place for hearing, the nature of the proposed enforcement action, the reasons for such action, and a direction that the user appear and show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served upon the industrial user or the user’s authorized representative, personally or by registered or certified mail, return receipt requested, at least 10 days prior to the hearing. A cease and desist order may be issued immediately following the hearing. (Ord. 15-05 § 2, 2015)

13.52.310 Emergency suspensions.

A. The director may immediately suspend any user’s discharge that threatens to interfere with the operation of the city wastewater system, endangers the environment, or may cause violation of the NPDES permit.

B. Any user notified of a suspension of its discharge shall immediately terminate all discharges into the city wastewater system. In the event a user fails to immediately and voluntarily comply with the suspension order, the director may take such steps deemed necessary, including immediate severance of the user’s connection to the city wastewater system. The director may allow the user to recommence discharge when the user demonstrates to the satisfaction of the director that endangerment has passed, unless termination proceedings under SMC 13.52.370 have been initiated.

C. No hearing shall be required prior to any emergency suspension. (Ord. 15-05 § 2, 2015)

13.52.320 Permit revocation.

A. An industrial wastewater permit may be revoked if the user:

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

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

3. Falsifies monitoring reports;

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

5. Tampers with monitoring equipment;

6. Refuses to allow the city timely access to the facility premises and records;

7. Fails to meet effluent limitations;

8. Fails to pay fines;

9. Fails to pay sewer charges;

10. Fails to meet compliance schedules;

11. Fails to complete a wastewater survey; or

12. Violates any pretreatment standard or pretreatment requirement, the user’s permit, any order issued pursuant to this chapter, or any provision of this chapter.

B. Industrial users shall be notified of proposed termination and be offered an opportunity to appear and show cause why the permit should not be revoked. Termination of a permit shall not be a bar to, or a prerequisite for, taking any other enforcement action against the user.

C. Notice shall be served on the industrial user specifying the time and place for the show cause hearing, the reasons for permit revocation, and a direction that the user appear and show cause why the permit should not be revoked. The notice of the hearing shall be served upon the industrial user or the user’s authorized representative personally or by registered or certified mail, return receipt requested, at least 10 days prior to the hearing. An order revoking the permit may be issued immediately after the hearing. (Ord. 15-05 § 2, 2015)

13.52.330 Injunctive relief.

In addition to other relief, the city attorney may petition a court of competent jurisdiction for the issuance of temporary or permanent injunction to restrain a violation, or compel specific performance, of the terms and conditions of the wastewater permit, order, pretreatment standard or pretreatment requirement, or other provision of this chapter. (Ord. 15-05 § 2, 2015)

13.52.340 Civil penalties – Industrial users only.

A. The director may impose upon any industrial user that has violated or continues to violate this chapter, any order or permit hereunder, or any pretreatment standard or pretreatment requirement a maximum civil penalty of $2,500 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties may accrue for each day during the period of this violation.

B. Where appropriate, the director may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to the city and the industrial user’s expense in undertaking the project is at least 150 percent of the civil penalty.

C. For purposes of this section, the term “civil penalty” means the same as the term “administrative fine” as set forth in any enforcement response plan adopted by the city council pursuant to this chapter’s authority. Any civil penalty assessed pursuant to this section will be based on the severity of the violation using the factors outlined in the enforcement response plan. (Ord. 15-05 § 2, 2015)

13.52.350 Civil penalties – Nonindustrial users.

A. A violation of SMC 13.52.020, 13.52.040(A), (B) or (C), or 13.52.200 is punishable by a civil penalty not exceeding $2,500.

B. A violation of any other provision of this chapter is punishable by a civil penalty of not less than $50.00. The second and subsequent violation of the same provision of this chapter within any one-year period is punishable by a civil penalty of not less than $200.00.

C. Any civil penalty assessed pursuant to this section will be based on the severity of the violation using the factors outlined in a city council-adopted enforcement response plan, even if the offender is not a party to that plan. (Ord. 15-05 § 2, 2015)

13.52.360 Remedies nonexclusive.

The public works director shall prepare an enforcement response plan to be adopted by a resolution of the city council for use with industrial users related to any violation of this chapter. The remedies provided for in this chapter are not exclusive, and the director may take any, all, or any combination of these actions against a noncompliant user, and may bring more than one enforcement action against any noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan; however, the director may take other action against any user when the circumstances warrant. (Ord. 15-05 § 2, 2015)

13.52.370 Water supply severance.

Whenever an industrial user has violated or continues to violate the provisions of this chapter or orders or permits issued hereunder, water service to the industrial user may be severed and service will only be resumed, at the user’s expense, after it has satisfactorily demonstrated its ability to comply. (Ord. 15-05 § 2, 2015)

13.52.380 Administrative review.

A. Any person aggrieved by any decision or action of the director may appeal such decision or action as provided in this section.

B. The appeal must be filed with the city manager within 30 days after the date of the decision or action being appealed, must be in writing and must state:

1. The name and address of the appellant;

2. Nature of the decision or action being appealed;

3. The reason the decision or action is incorrect; and

4. What the correct decision or action should be.

Within 10 days of an appeal being filed with the city manager, the city manager will meet with the appealing industrial user and attempt to resolve the matter prior to action by the city council.

C. An appellant who fails to file such a statement within the time permitted waives all objections, and the appeal shall not be considered.

D. Unless the appellant and city agree to a longer period, an appeal shall be heard by the city council within 45 days of the receipt of the notice of appeal. At least 10 days prior to the hearing, the city shall mail notice of the time and location of the hearing to the appellant.

E. The city council will hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the council deems appropriate. At the hearing, the appellant may present testimony and oral arguments personally or by counsel.

F. If the appeal is from the modification of a permit pursuant to the imposition of a civil penalty, the burden is on the director to prove that the modification or civil penalty was proper. If the appeal is from the denial of a permit, the burden is on the appellant to prove that the denial was improper. In all other cases the burden of proof is on the proponent of a fact or position.

G. The city council will issue a written decision within 30 days of the hearing date. The decision of the city council is final.

H. An appeal fee established by council resolution must accompany the statement of appeal. (Ord. 15-05 § 2, 2015)