Chapter 13.10 SEWERS

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

(1) “Abandon” means to discontinue use for a period of one year or longer.

(2) “Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.

(3) “Applicable pretreatment standards” means, for any specified pollutant, Entiat prohibitive standards, Entiat specific pretreatment standards (local limits), state of Washington pretreatment standards, or EPA’s categorical pretreatment standards (when effective), whichever standard is appropriate and most stringent.

(4) “Approval authority” means the State of Washington Department of Ecology.

(5) “Authorized representative of the user” means:

(a) If the user is a corporation:

(i) The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(ii) The manager of one or more manufacturing, production, or operation facilities if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b) If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.

(c) If the user is a federal, state, or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her authorized designee.

(d) The individuals described in subsections (5)(a) through (5)(c) of this section may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

(6) “Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of “waters of the United States.” “BMPs” also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(7) “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (milligrams per liter (mg/l)).

(8) “Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.

(9) “Categorical user” means a user covered by one of EPA’s categorical pretreatment standards.

(10) “City” means the city of Entiat, Washington.

(11) “City sewer system” means the sewer system, including treatment facilities, belonging to the combined water and sewer system of the city of Entiat, Washington.

(12) “Color” means the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.

(13) “Commercial sources” means businesses which are based on the interchange of goods or commodities, but do not manufacture said goods or commodities. “Commercial sources” shall also include service providers. “Commercial sources” shall include, but not be limited to, motels, office structures, shopping facilities, laundries, and service stations.

(14) “Composite sample” means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

(15) “Contact cooling water” means water used for cooling which does come into direct contact with any raw material, intermediate product, waste product, or finished product. “Contact cooling water” shall include cooling water to which corrosion and/or scale inhibitors of any type have been added with the exception of unpolluted cooling water defined hereunder.

(16) Discharge Authorization. See “Wastewater discharge authorization.”

(17) “Domestic user (residential user)” means any person who contributes, causes, or allows the contribution of wastewater into the city POTW that is of a similar volume and/or chemical make-up as that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 100 gallons per capita per day at 220 mg/l of BOD and TSS.

(18) “Environmental Protection Agency (EPA)” means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

(19) “Existing source,” for a categorical industrial user, is any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. For the purpose of this chapter, sources subject to categorical standards which have legally discharged wastewater to the city prior to the effective date of the ordinance codified in this chapter shall be considered “existing sources.” All other sources discharging to the city’s facility at the effective date of the ordinance codified in this chapter are “existing users.”

(20) “Existing user,” for noncategorical users, is defined as any user which is discharging wastewater prior to the effective date of the ordinance codified in this chapter.

(21) “Fats, oils and grease (FOG)” means those components of wastewater amenable to measurement by the methods described in Standard Methods for the Examination of Water and Wastewater, latest edition, Section 5520. The term “fats, oils and grease” shall include polar and nonpolar fats, oils, and grease.

(22) “Food waste” means solid wastes from the preparation, cooking, and dispersion of food, and from the handling, storage, and sale of produce.

(23) “Grab sample” means a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

(24) “High strength waste” means any waters or wastewater having a concentration of BOD or total suspended solids in excess of 220 mg/l.

(25) “Indirect discharge” or “discharge” means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.

(26) “Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, either: (a) inhibits or disrupts the POTW, its treatment processes or operations; (b) inhibits or disrupts its biosolids (sludge) processes, use or disposal; or (c) is a cause of a violation of the city’s NPDES authorization or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/ regulatory provisions or authorizations issued thereunder: Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

(27) “Local discharge limitations” means enforceable local standards developed by the city of Entiat. The standards are expressed in units of concentration as milligrams of pollutant per liter of solution.

(28) “Maximum allowable discharge limit” means the maximum concentration (or loading) of a pollutant allowed to be discharged at any time.

(29) “May” is permissive.

(30) “Medical wastes” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

(31) New Source.

(a) “New source” means any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act and after the effective date of the ordinance codified in this chapter. The above definition of a new source will be applicable to such source if such standards are thereafter promulgated in accordance with federal law; provided, that:

(i) The building, structure, facility, or installation is constructed at a site at which no other source is located; or

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

(iii) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

(b) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (31)(a)(ii) or (31)(a)(iii) of this section but otherwise alters, replaces, or adds to existing processes or production equipment.

(i) Begun, or caused to begin as part of a continuous on-site construction program:

(A) Any placement, assembly, or installation of facilities or equipment; or

(B) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

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

(32) “New user” is not a “new source” and is defined as a user that applies to the city for a new building permit or any person who occupies an existing building and plans to discharge wastewater to the city’s collection system after the effective date of the ordinance codified in this chapter. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an “existing user” if no significant changes are made in the operation.

(33) “Noncontact cooling water” means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat. “Noncontact cooling water” does not include cooling water to which corrosion and/or scale inhibitors have been added.

(34) “Pass through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s NPDES authorization (including an increase in the magnitude or duration of a violation). “Pass through” shall also be interpreted to include a discharge which exits the POTW in the form of a residual solid material. Residual solid materials shall be described by the term “biosolids” and/or “sewage sludge.”

(35) “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns. This definition includes all federal, state, or local governmental entities.

(36) “pH” means a measure of the acidity or alkalinity of a substance, expressed in standard units.

(37) “Pollutant” means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, or odor).

(38) “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of) introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes, by process changes, or by other means (except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard).

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

(40) “Pretreatment standards” or “standards” shall mean prohibited discharge standards, categorical pretreatment standards, and local limits established by the city (POTW).

(41) “Private sewer” means a sewer built in a private property and used to connect any building with either a public sewer or a private sewage disposal system. The sewer is maintained by the private property owner.

(42) “Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in subsequent sections of this chapter.

(43) “Properly shredded food waste” means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers.

(44) “Public sewer” means a sewer which is owned and maintained by the city of Entiat.

(45) “Public works supervisor (supervisor)” is a city employee acting in the capacity of a job described in the city’s personnel manual as public works maintenance supervisor. A summary of the job description from the city’s manual is as follows: “The public works maintenance supervisor is a working supervisor position, and is responsible for maintenance in all city departments, as well as the operation of street and utility departments.” The job description for this position is available from the city upon request.

(46) “Publicly owned treatment works (POTW)” means a “treatment works,” as defined by Section 212 of the Act (33 USC 1292) which is owned by the city. This definition includes all devices, facilities, or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. The term also means the city of Entiat wastewater treatment plant.

(47) “Recreational vehicle waste (RV waste)” means any domestic and/or residential wastes from holding tanks on private recreational vehicles, including travel trailers, pickup-truck-mounted campers and mobile domestic single-family recreational vehicles. This category does not include tour buses and public transportation vehicles. This category does not include wastes from vehicles which collect wastewater from holding tanks.

(48) “Sanitary sewer” means a sewer which carries sewage and to which storm, surface, and ground water is not intentionally admitted.

(49) “Septic tank waste” means any domestic and/or residential sewage from holding tanks such as vessels, chemical toilets, and septic tanks.

(50) “Sewage” means human excrement and gray water (household showers, dishwashing operations, etc.).

(51) “Sewer” means any pipe, conduit, ditch, or other device used to collect and transport sewage from the generating source.

(52) “Shall” is mandatory.

(53) “Side sewer” means that portion of the public sewer system between its mainline sewer and the private sewer serving a building. Typically the sewer pipe from the mainline to the property line.

(54) “Significant industrial user (SIU)” means:

(a) A user subject to categorical pretreatment standards; or

(b) A user that:

(i) Discharges an average of 6,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or

(ii) Contributes a process waste stream which makes up five percent or more of the facility design criteria. Facility design criteria are as follows:

Facility Design Criteria

City of Entiat Treatment Facilities
Monthly average flow	0.12 mgd
BOD5 influent loading	220 lbs/day
TSS influent loading	260 lbs/day
Design population equivalent	1,100 people

(iii) Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement. Reasonable potential shall be determined in accordance with the process of determining reasonable potential in the Technical Support Document for Water Quality Based Toxics Control (EPA/505/2-90-001).

(c) Upon a finding that a user meeting the criteria in subsection (54)(b) of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any applicable pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, determine that such user should not be considered a significant industrial user and request that the Department of Ecology concur in such change of classification.

(55) “Slug load” means any discharge at a flow rate or concentration which could cause a violation of the discharge standards in EMC 13.10.030 or any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, or any discharge greater than or equal to five times the amount or concentration allowed by authorization or this chapter.

(56) “Standard Industrial Classification (SIC) Code” means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

(57) “State” means the state of Washington.

(58) “Storm sewer” means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water, and/or noncontact cooling water.

(59) “Storm water” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

(60) “Total suspended solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

(61) “Toxic pollutant” means one of the pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under Section 307 (33 USC 1317) of the Act, or other pollutants as may be promulgated.

(62) “Treatment plant effluent” means the discharge from the POTW into waters of the United States.

(63) Treatment Works. See “Publicly owned treatment works (POTW).”

(64) “Unpolluted cooling water” means water to which scale and corrosion inhibitors have been added which meet the following conditions:

(a) Total absence of chromates is documented.

(b) Total absence of priority pollutants (Federal Register, 46 CFR 2264, January 8, 1981) is documented.

(c) Whole effluent toxicity (WET) testing has been accomplished on the water. WET tests indicate that no statistically significant effect is observed in 100 percent cooling water (NOEC ≥ 100 percent). Laboratory species shall include Daphnia and Fathead Minnow acute tests per EPA/600/4-90/027F. Tests shall be accomplished by a laboratory certified by Ecology for the subject tests.

(d) The water contains only corrosion and scale inhibitors added in accordance with manufacturers’ recommendations.

(e) The water is managed and/or discharged in accordance with all applicable laws, regulations, and requirements of the Department of Ecology, the state of Washington, and the United States government.

(f) The conditions listed above shall be documented and accomplished to the satisfaction of the supervisor in all cases and may include ongoing testing requirements.

(65) “User” or “industrial user” means a source of nondomestic discharge. The source shall not include “domestic user” as defined herein.

(66) “Wastewater” means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

(67) “Wastewater discharge authorization” means an authorization or equivalent control document issued by the city to users discharging wastewater to the POTW. The authorization may contain appropriate pretreatment standards and requirements as set forth in this chapter.

(68) “Wastewater treatment plant” or “treatment plant” means that portion of the POTW which is designed to provide treatment of municipal sewage and authorized industrial waste.

The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. (Ord. 516 § 1, 1998)

13.10.020 Abbreviations.

The following abbreviations shall have the designated meanings:

AKART	All known available and reasonable technology
ASPP	Accidental spill prevention plan
BMPs	Best management practices
BOD	Biochemical oxygen demand
CFR	Code of Federal Regulations
COD	Chemical oxygen demand
EPA	U.S. Environmental Protection Agency
FOG	Fats, oils, and grease
gpd	Gallons per day
l	Liter
LEL	Lower explosive limit
mg	Milligrams
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
O&M	Operation and maintenance
POTW	Publicly owned treatment works
RCRA	Resource Conservation and Recovery Act
SIC	Standard Industrial Classifications
SWDA	Solid Waste Disposal Act (42 USC 6901, et seq.)
TSS	Total suspended solids
USC	United States Code

(Ord. 516 § 2, 1998)

13.10.030 Prohibited discharge standards.

(1) General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

(2) Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

(a) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21;

(b) Wastewater having a pH less than 5.5 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment;

(c) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW or interfere with preliminary treatment operations and/or secondary treatment processes. For specific requirements with respect to fats, oils, and grease (FOG), see EMC 13.10.080;

(d) Pollutants, including oxygen-demanding pollutants (BOD, COD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, may cause interference with the POTW;

(e) Wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius). In no case shall wastewater having a temperature greater than 150 degrees Fahrenheit be discharged to the collection system;

(f) Petroleum oil, nonbiodegradable cutting oil, solvents, or products of mineral oil origin, in amounts that will cause interference or pass through;

(g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

(h) Trucked or hauled pollutants, including sanitary wastes and grease wastes, unless authorized by the public works supervisor;

(i) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

(j) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;

(k) Wastewater containing any radioactive wastes or isotopes except as specifically approved by the public works supervisor in compliance with applicable state or federal regulations;

(l) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the public works supervisor, and the Washington State Department of Ecology;

(m) Any sludges, screenings, or other residues removed by the pretreatment process of industrial or commercial establishments;

(n) Medical wastes, except as specifically authorized by the public works supervisor;

(o) Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test or a whole effluent toxicity (WET) performance standard, when the city’s NPDES permit contains a requirement for such WET testing;

(p) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

(q) Any hazardous or dangerous wastes as defined in rules published by the state of Washington (Chapter 173-303 WAC) and/or in EPA rules (40 CFR Part 261);

(r) All pesticides, herbicides, and fungicides including pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA). Incidental discharge of these substances is excepted. Incidental discharge shall be defined as unintended discharge associated with washing produce with clean water such that dilution is greater than a factor of 100 over the label rate;

(s) Any slug load;

(t) Any substance which may cause the POTW’s effluent or treatment residues, sludges, or scums to be unsuitable for reclamation and reuse, or to interfere with the reclamation process.

Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. (Ord. 516 § 3, 1998)

13.10.040 Federal categorical pretreatment standards.

The national categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405 through 471 are incorporated herein by reference as if set forth in full in this chapter. A copy of 40 CFR Chapter 1, Subchapter N, Parts 405 through 471, is available for use and examination by the public at the Entiat City Hall during normal business hours. (Ord. 516 § 4, 1998)

13.10.050 State and federal requirements.

State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards. Any federal or state requirements which are more restrictive than the conditions in this chapter take precedence over the chapter. (Ord. 516 § 5, 1998)

13.10.060 Local discharge limitations.

(1) The following discharge limitations are established to prevent site-specific treatment plant and environmental problems. The local discharge limitations under this section are in force for US Castings Inc. as the only significant industrial user (SIU) currently discharging to the plant. These numbers may change if additional SIUs commence discharges to the treatment works.

(2) The following interim mass-loading limit is based on a technical analysis of the total loading of pollutants to the Columbia River watershed and the requirements of the Washington State Water Quality Standards. These discharge limitations are also based on biosolids protection criteria. Wastewater containing total recoverable metals in concentrations exceeding these local discharge limitations shall not be discharged to the city’s collection system or treatment works.

Table 1

Interim Mass Loading Limit for US Castings Inc. (or successor firm)*
Pollutant	Composite Sample
Arsenic	0.48 grams/day
Cadmium	0.5 grams/day
Chromium	15.9 grams/day
Copper	16.6 grams/day
Lead	3.4 grams/day
Mercury	0.21 grams/day
Nickel	5.7 grams/day
Zinc	25.9 grams/day
Cyanide	9.46 grams/day
Silver	4.5 grams/day
*Compliance with these limits is to be determined on the basis of composite samples collected over 24 hours and representative of the discharge (flow proportional) during that time.

(3) Local discharge limitations apply at the point where wastewater is discharged to the collection system for all users. Local discharge limitations are in force at all monitoring facilities required under EMC 13.10.090. Local discharge limitations do not take precedence over federal or state pretreatment requirements or regulations.

(4) The city may, at its sole discretion, calculate an interim mass-loading limit for an individual industry. This interim mass-loading limit for a pollutant listed in Table 1 shall be in grams, or fraction thereof, per day. The interim mass-loading limit shall be consistent with all federal and state pretreatment guidances and regulations. The interim mass-loading discharge limitation for an individual pollutant shall become null and void at the time that the city amends this chapter to adopt a specific numerical concentration limit for each pollutant in Table 1.

(5) The city will develop a formatted worksheet known as the interim mass-loading analysis (IMLA). The IMLA shall be an appendix to the ordinance codified in this chapter. The IMLA calculates the maximum allowable headworks loading based on the methodology described in the document entitled “City of Entiat Industrial Waste Control Program Allowable Headwork’s Loading Analysis.” The IMLA worksheet may be revised from time to time to reflect changes in scientific knowledge or new regulatory requirements to which the city is subject. (Ord. 591 § 1, 2002; Ord. 548 § 2, 1999; Ord. 516 § 6, 1998)

13.10.070 Pretreatment authorization.

(1) 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 enumerated in EMC 13.10.030, 13.10.040, 13.10.050 and 13.10.060, the public works supervisor will:

(a) Reject the wastes; or

(b) Require pretreatment to an acceptable condition for discharge to the public sewers.

(2) If the public works supervisor permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the public works supervisor, or his representative, and subject to the requirements of all applicable codes, ordinances, laws, and conform to the requirements of the Department of Ecology as well as federal regulations.

(3) Nondomestic discharges will be accepted only if the discharge is considered treatable and compatible with the satisfactory operation of the collection and treatment systems. The city will consider the following factors in making the decision on whether to accept nondomestic discharges: the prohibited discharge conditions, the ability to comply with the conditions in the city’s NPDES permit, and the potential for pass through or interference. The city may require a contract (see EMC 13.10.130(6)) before accepting nondomestic wastewater, and may impose other reasonable conditions such as requiring insurance or a deposit to cover reasonable contingencies and monitoring facilities. Existing industrial sources shall provide the information specified in EMC 13.10.120(2)(b) at the request of the city. (Ord. 516 § 7, 1998)

13.10.080 Pretreatment facilities for fats, oils, and grease (FOG).

(1) General.

(a) It shall be unlawful for any food service establishment or other person that meets the definition of “new source” or “new user” as defined in EMC 13.10.010 to discharge, or cause to be discharged, processing wastewater to the collection system or POTW which contains oils, greases, solids, or liquids sufficient to cause obstruction or otherwise interfere with the proper operations of the POTW or collection system.

(b) It shall also be unlawful for any food service establishment or other person to dispose of any grease waste or processing water containing oils, greases, solids, or liquids and discharge said waste into any drainage piping, public or private sanitary sewer, storm drainage system. The city does not authorize discharge of these materials at any location not listed in this subsection.

(c) It shall further be unlawful for any person to allow liquid waste to accumulate on his property or in his possession which is injurious to public health or emits offensive odors.

(d) It shall be unlawful for any person to utilize any chemical emulsifying agent for the purpose of hindering or eliminating the interception of fats or grease prior to entering the city’s wastewater collection system.

(e) Food service establishments and other facilities described in subsection (4) of this section discharging wastewater shall install, operate, clean, and maintain a sufficiently sized oil and grease, water and solids separator (herein called grease interceptor) necessary to achieve compliance with requirements set forth under this provision.

(f) Minimum design standards for engineered fats, oils, and grease (FOG) system:

(i) Oil or grease of petroleum or mineral origin shall not be discharged to the city’s sewer system at a concentration in excess of 100 mg/l.

(ii) Fats, oil, or grease of animal or vegetable origin shall not be discharged to the city’s sewer system at a concentration in excess of 100 mg/l.

(g) The concentration of oils and grease shall be measured in samples taken from the sampling chamber following pretreatment in an approved grease interceptor in accordance with the requirements of this section. Oil and grease concentration shall be measured using the partition-gravimetric method or the partition-infrared method outlined in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association.

(2) Waste Discharge Requirements.

(a) Waste discharge from fixtures and equipment in establishments that may contain grease, including but not limited to scullery sinks, pot and pan sinks, vent hood drains, dishwashing machines, soup kettles and floor drains located in areas where grease-containing materials may exist may be drained into the sanitary sewer only after such discharges are pretreated in an approved grease waste interceptor in accordance with this section.

(b) No sanitary wastes from toilets, urinals, or other similar fixtures may be discharged through any grease waste interceptor. All wastes shall enter the interceptor through the inlet pipe only. The wholesale shredding of food wastes into any fixture which discharges to a grease waste interceptor is prohibited.

(3) Location.

(a) Each grease interceptor shall be so installed and connected that it shall be at all times easily accessible for inspection, cleaning, and the removal of the intercepted grease. A grease interceptor may not be installed in any part of a building where food is handled. Location of the interceptor shall meet the approval of the public works supervisor, and the Chelan/Douglas health district.

(b) Interceptors shall be placed as close as practical to the fixture(s) they serve.

(c) Each business establishment for which a grease interceptor is required shall have an interceptor which shall serve only that establishment.

(4) Pretreatment Required.

(a) Dischargers who operate newly constructed or remodeled restaurants, meat cutting facilities, cafes, lunch counters, bakeries, cafeterias, bars, or clubs, or hotel, hospital, sanitarium, factory, or school kitchens, or other establishments that serve or prepare food where grease may be introduced to the sewer system shall have pretreatment facilities to prevent the discharge of fat waste, oil, or grease.

(b) Dischargers who operate automatic and coin-operated laundries, car washes, filling stations, commercial garages or similar businesses having any type of washing facilities (including pressure washing and steam cleaning) or any other dischargers producing grit, sand, oils, lint, or other materials which have the potential of causing partial or complete obstruction of the building site sewer or other areas in the POTW shall install approved interceptors, oil/water separators, or tanks in accordance with specifications adopted by the city of Entiat such that excessive amounts of oil, sand, and inert solids are effectively prevented from entering the POTW.

(5) Grease Interceptor Design.

(a) Grease interceptors shall be multiple compartment flotation chambers where grease floats to the water surface and is retained while the clear water underneath is discharged. The clear water discharged is subject to the discharge prohibitions of subsection (1) of this section.

(b) The grease interceptor shall be followed by a sampling compartment to allow for monitoring of discharges from the pretreatment unit. Interceptors shall have fittings designed for grease retention.

(c) Sizing Formula. The size of the grease interceptor shall be determined by using the following formula: seating capacity or the number of meals served per peak hour, whichever is greater x 6.0 gallons x 2.5 hours x storage factor = interceptor size in gallons. Storage factor shall be as follows:

Facilities open less than 16 hours	=	1
Facilities open for 16 hours or more	=	2
Facilities open for 24 hours	=	3

(d) In cases of certain fast food restaurants or establishments with the potential to discharge large quantities of oils, grease, solids, or wastewaters, larger capacities of grease interceptors may be required. Prepackaged or manufactured grease interceptors may be approved by the public works supervisor with proper engineering and application review.

(6) Grease Interceptor Maintenance. Each facility required to install and maintain a grease waste interceptor under this chapter shall provide regular maintenance of said interceptor to the satisfaction of the supervisor in accordance with the requirements set forth in this chapter.

Each person who removes grease waste from the grease interceptor shall, to the extent technically and mechanically possible, remove the entire content of the grease interceptor.

(a) Pumping. All grease interceptors shall be maintained by the user at the user’s expense. Maintenance shall include the complete removal of all contents, including floating materials, wastewater, and bottom sludges and solids. Decanting or discharging of removed waste back into the interceptor from which the waste was removed or any other grease interceptor for the purpose of reducing the volume to be hauled is prohibited.

(b) Grease Removal and Grease Interceptor Pumping Frequency. All grease interceptors must be pumped out completely once every six months, or more frequently, as required by the director. Exception to this minimum frequency of pumping may be made with special written approval from the director for generators of small quantities of grease wastes. In no case shall the frequency of pumping be less than once per year.

(c) Disposal of Grease Interceptor Pumpage. All waste removed from each grease interceptor must be disposed of at a facility permitted by the health department in the county in which the disposal facility is located. Under no circumstances shall pumpage be returned to any POTW or any sewer. (Ord. 516 § 8, 1998)

13.10.090 Compliance monitoring.

(1) Inspection and Sampling. Continued connection to and use of the city’s sewer system shall be contingent on the right of the city to inspect and sample all discharges into the system. The city shall have the right to enter the facilities of any user for the purpose of the enforcement of this chapter and to determine that any wastewater discharge authorization or order issued hereunder is being met and whether the user is complying with all requirements thereof. Users shall allow the public works supervisor reasonable access to all parts of the premises pertinent to the discharge for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(a) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the public works supervisor will be permitted to enter without delay for the purposes of performing specific responsibilities.

(b) The public works supervisor shall have the right to set up on the user’s property, or require installation of such devices as are necessary to conduct sampling and/or metering of the user’s operations.

(c) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the public works supervisor and shall not be replaced. The costs of clearing such access shall be borne by the user.

(d) Unreasonable delays in allowing the public works supervisor access to the user’s premises shall be a violation of this chapter.

(2) Monitoring Facilities. The following shall apply for each discharge point of process wastewater entering the city’s sewer collection system.

(a) Each significant industrial user (SIU) shall provide and operate at its own expense a monitoring facility to allow inspection, sampling, and flow measurements of each side sewer discharge to the city. Each monitoring facility shall be situated on the user’s premises, except where such a location would be impractical or cause undue hardship on the user, the city may concur with the facility being constructed in the public street or sidewalk area, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. The public works supervisor, whenever applicable, may require the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line, wastewater treatment system).

(b) A monitoring facility shall consist of a manhole or other structure in which a prefabricated palmer-bowlus or parshall flume shall be installed. The flume shall be of standard dimension and shall be manufactured of corrosion-resistant materials. Plans and specifications for monitoring facilities shall be submitted to the supervisor for approval prior to construction.

(c) The flume shall be installed such that free flowing conditions occur downstream of the throat of the flume structure. The installation shall include a permanent, digital, recording, totalizing, open channel flowmeter and shall be permanently installed in a weatherproof enclosure. The flowmeter installation shall include an appropriate automatic system to measure the water level through the flume at the appropriate control point so that the flow rate can be automatically calculated and totalized at selected intervals. Measured liquid level readings shall be converted into corresponding flow rates using internal conversion algorithms. Flow monitoring data shall be made available to the public works supervisor upon request.

(d) The flowmeter shall be capable of initiating the operation of an attached sampler. The flowmeter signal shall be a five to 15 volt DC pulse or isolated contact closure of at least 25 milliseconds duration. Sample interval frequency shall be user-selected.

(e) The monitoring facility shall be approved by the public works supervisor in writing prior to construction. Existing monitoring facilities may be approved in lieu of new construction if approval of the installation, in writing, is provided by the public works supervisor. Monitoring facilities shall include a secure area for placement of a portable sampler owned by the city.

(f) There shall be ample room in or near such sampling facility to allow accurate sampling, flow measurement and preparation of samples for analysis. The flow monitoring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications.

(g) The public works supervisor may require the user to install sampling and analytical equipment as necessary. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy. Such monitoring equipment and activities shall be provided at the expense of the user.

(h) The requirements of this section shall apply to each significant industrial user. A monitoring facility shall also be installed by any nondomestic user at the direction of the public works supervisor.

(3) Correspondence Requirements.

(a) Dischargers subject to the requirement for a state waste discharge permit under Chapter 173-216 WAC shall forward to the city of Entiat one copy of all correspondence with the Department of Ecology associated with the discharger’s state waste discharge permit. Correspondence covered by this submittal requirement shall include letters, applications, reports, electronic communication, and all records and plans. The discharger shall provide copies of accidental spill prevention plans, compliance schedules, certifications and other documents and records, including analytical data, which are forwarded to the Department of Ecology pursuant to the discharger’s state waste discharge permit. These requirements for submittal of copies to the city of Entiat shall include applications for permit and documents associated with a temporary or interim permit issued by the Department of Ecology.

(b) Dischargers subject to state waste discharge permit applications and permit requirements shall also submit one copy of all correspondence received from the Department of Ecology pursuant to the facility’s state waste discharge permit except where documents received from Ecology by the subject discharger are clearly marked to show that the city received a copy of the original correspondence.

(c) Copies of all correspondence required to be submitted to the city of Entiat pursuant to this chapter shall be submitted to the city at the time said correspondence is forwarded to the primary recipient. (Ord. 548 § 2, 1999; Ord. 516 § 9, 1998)

13.10.100 Use of public sewers required.

(1) The owner or occupant of any house, building, or properties used for human occupancy, employment, recreation, commercial or other purposes, situated within the city sewer service boundaries is hereby required at his or her expense to install suitable facilities to collect all wastewater generated therein, and to connect such facilities directly with the public sewer in accordance with the provisions of this chapter, with the following exceptions:

(a) A new single-family residence located on a lot more than 300 feet from a municipal sewer main;

(b) A property that is located more than 300 feet from a municipal sewer main and is currently served by an on-site private wastewater disposal system unless and until said system is found to be in failing condition as determined by the Chelan-Douglas health district, or said system is found to be inadequate for the existing use of the property as determined by the Chelan-Douglas health district; or

(2) If any such connection shall not be made within 60 days after written notice to the occupant or owner of such lot or parcel of property, building or structure, the city is hereby authorized to cause such connection to be made and to file a statement of the cost thereof with the city clerk, and thereupon a warrant in the amount of such cost payable to the city shall be issued by the city treasurer under the direction of the city council. The amount of such warrant, plus interest at the rate of eight percent per annum upon the total amount of such cost shall be assessed against the property upon which the said building or structure is situated, and shall become a lien thereon to be enforced in the same manner as mechanics’ and materialmen’s liens under Chapter 60.04 RCW. Such total amount, when collected, shall be paid into the city water/sewer utility fund.

(3) In the event of the division of land, construction, or development, said activity shall not proceed unless and until adequate provision has been made for connection to the city sewer system consistent with this chapter. (Ord. 783, 2018; Ord. 669 § 1, 2007; Ord. 655 § 1, 2006; Ord. 516 § 10, 1998)

13.10.110 Use of portable toilets.

Portable toilets may be used within the area served by sewers, under the following conditions:

(1) Construction Sites. Portable toilets may be used on construction sites until the connection to the sanitary sewer is completed, and a valid and current building permit shall be required as a condition to using a portable toilet on a construction site.

(2) Special Events. Portable toilets may be used for special events for the public. Special events shall not exceed three consecutive days in duration or more than three special events per location in any one year without advance written permission from the city council.

(3) Seasonal Agricultural Purposes. Portable toilets may be used for seasonal agricultural purposes.

(4) Maintenance. Portable toilets must be maintained by a contractor licensed by the Chelan-Douglas health district. (Ord. 669 § 2, 2007; Ord. 655 § 1, 2006; Ord. 516 § 11, 1998)

13.10.120 Application for sewer services.

(1) Domestic Dwelling Application. The owner, or owner’s representative, of any property desiring to connect to the city sewer system shall apply for the connection on such forms as may be prepared and made available by the city. No application shall be deemed accepted or granted by the city, and no vested rights to utility service shall accrue, unless and until all prerequisites for approval, as specified by ordinance or resolution, are complied with in full and to the satisfaction of the city.

(2) Nondomestic Sources.

(a) Commercial Sources. Commercial sources shall be handled on a case-by-case basis. Commercial sources desiring to connect to the city’s sewer system shall supply information as requested by the city so that an evaluation can be made as to the number of equivalent residential units (ERUs) represented by the source. Commercial sources shall submit information as described in subsection (2)(b) of this section at the request of the city.

(b) Industrial Sources.

(i) All industrial sources desiring to connect (and commercial source as required) shall submit, at a minimum, the following information. Categorical users submitting the following information shall have complied with 40 CFR 403.12(b). The following information is required for all applications from industrial sources:

(A) Identifying Information. The source shall submit the name and address of the facility including the name of the operator and owners. The source shall provide the standard industrial classification (SIC) number for the facility.

(B) Authorization. The source shall submit a list of any environmental control authorizations held by or for the facility.

(C) Description of Operations. The source shall submit a description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such industrial user, including the following information, where available: a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; number and type of employees; hours of operation; each product produced by type, amount, process or processes, and rate of production; type and amount of raw materials processed (average and maximum per day) and the time and duration of discharges. This description shall also include a schematic process diagram which indicates points of discharge to the POTW from the regulated or manufacturing processes. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers, and appurtenances by size, location, and elevation.

(D) Engineering Reports. Engineering reports prepared for the facility shall be submitted to the city. Engineering reports meeting the requirements of WAC 173-240-130 are required for all significant industrial users.

(ii) The public works director shall review the information submitted with the application. If the discharge meets the standards contained in the ordinance without pretreatment, the application will be approved subject to payment of the city’s standard fees. If the application indicates that the discharge contains a substance enumerated in EMC 13.10.030, 13.10.040, 13.10.050 or 13.10.060, then the public works director shall make a determination as detailed in EMC 13.10.070.

(iii) If pretreatment is permitted, the applicant shall contact the Department of Ecology and proceed to obtain a state waste discharge permit for discharge into the city’s wastewater treatment plant. If any of the permit provisions are less restrictive than the provisions contained in this chapter, then the chapter requirement shall prevail.

(c) Existing Sources Compliance Schedule. Categorical users defined as existing sources shall submit information specified in subsection (2)(b) of this section within three months of the effective date of the ordinance codified in this chapter. Existing sources shall submit a compliance schedule with the application detailing the proposed improvement timetable if improvements are required to come into compliance with this chapter. Significant milestone dates shall be indicated in the timetable.

Monitoring facilities required pursuant to EMC 13.10.090(2) shall be installed within six months of the effective date of the ordinance codified in this chapter.

Following approval by the city, the applicant shall pay all required fees and charges. No utility connections shall be made until the fees and charges are paid in full. If the application is for both water and sewer service, all fees and charges must be paid for both utilities before either one is connected. (Ord. 655 § 1, 2006; Ord. 516 § 12, 1998)

13.10.130 Fees and charges.

(1) Every new connection to the city sewer system shall pay a connection fee as provided for in the city fee schedule resolution.

(2) Monthly service fees shall be determined by the city council at the end of every year and will be set forth in the current city fee schedule resolution.

(3) Costs for Chelan County Residents. All persons residing outside the corporate limits of the city of Entiat, and are located within the city’s urban growth area, who desire the benefit and use of the city sewer system shall pay a sewer service fee equal to 150 percent of the fee that a similar person residing within the corporate limits of the city of Entiat would pay for that specific type of service.

(4) Billings to Record Owner. All fees for sewer service shall be billed to the property owner of record. In the event of rental property and the property owner wishes the renter to be billed for sewer fees assessed, the property owner must authorize said billing to the renter by signing the “change of utilities” form in the city clerk-treasurer’s office for each change of service. Property owners of record will be notified of delinquent account(s) of renters prior to sewer shutoff for nonpayment of service received. There will be no credit for vacant premises.

(5) A connection charge shall be assessed to all new connections which utilize sewer mains already existing across the frontage of the property being served. The charges constitute payment to the city for the actual costs incurred in originally constructing the main across the frontage of the subject property. Such charges shall not apply when the affected property participated in a utility local improvement district for the construction of a sewer main; nor shall such charges be applicable in cases where the main was built and totally paid for by the owner of the subject property or by any private developer who may still be entitled to reimbursement from abutting owners pursuant to a recorded recovery contract.

(6) Agreements. The city may enter into agreements with commercial and industrial users to accept conventional pollutants compatible with the treatment system at concentrations greater than those typical of domestic wastewater. Users with BOD or TSS levels higher than 220 mg/l must have a written agreement with the city before commencing discharge. Within such agreements, the city may establish terms of the user’s discharge to the POTW, including maximum flow rates. The city may also establish fees to recover costs associated with treatment of such wastes and the cost of monitoring to verify operation in accordance with the agreements.

(7) All significant industrial users shall enter into an agreement with the city which covers the terms and conditions under which wastewater may be discharged to the municipal sewage system as referenced in subsection (6) of this section. The fee for service provided shall be in proportion to benefits received. Services provided by the city may be billed directly to the benefited user for up to 100 percent of cost where a single user is the sole or primary beneficiary. Laboratory analytical work (including whole effluent toxicity testing) may be billed to a single significant industrial user as determined by the director if that user constitutes the basis for insertion of specific testing requirements into the city’s NPDES permit.

(8) Expenses incurred by the city prior to adoption of this chapter shall be payable to the city where the following conditions are met:

(a) The work was accomplished not greater than one year prior to chapter adoption;

(b) The service provided would be billable under this chapter if the work had been accomplished after chapter adoption. (Ord. 783, 2018; Ord. 655 § 1, 2006; Ord. 613 § 2, 2003; Ord. 548 § 2, 1999; Ord. 516 § 13, 1998)

13.10.134 Forfeiture.

(1) Forfeiture of Sewer Service Connection in Arrears of Excessive Utility Service Account. For properties including, but not limited to, demolished buildings, vacant buildings, inactive properties, or any property that is owing utility service account fee arrearages equal to or greater than applicable then-current sewer service connection rate, either consecutively or collectively, shall forfeit all sewer service connections associated with said property. In full consideration of forfeiting the sewer service connection, the city by approval of council shall remove the accrued utility service delinquent amount from the forfeited account, including late penalties. Renewed service to a property under this section can only occur by paying new sewer service connection charge at the then-current rate, as if it were a vacant property. No credits will be issued for past payments on the property account.

(2) Notice and Administrative Hearing. The city will send notice to the property owner at least 10 days prior to the forfeiture of sewer service connection pursuant to subsection (1) of this section. A property owner shall be afforded the opportunity to an administrative hearing to contest the forfeiture. Any hearing pursuant to this section must be requested by the property owner in writing within 10 days after the property owner receives notice of the forfeiture. Failure to submit a timely notice shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review. The city will conduct the hearing within 20 days of the receipt of the request. The administrative hearing will be held before the city’s public works director (“director”), or his or her designee. Formal rules of evidence will not apply; provided, however, that the director will review the existing record, and only the property owner and the city will be allowed to present oral testimony and documentary evidence to the director. The director will issue a written decision within 10 days of the conclusion of the hearing. Except as otherwise provided, all decisions by the director shall be final and conclusive on all parties unless appealed to the hearing examiner under subsection (3) of this section. The director’s decision, action, or determination shall remain in effect during such period of appeal.

(3) Appeal to the Hearing Examiner and Judicial Review. Any decision of the director rendered pursuant to subsection (2) of this section may be reviewed by open record appeal to the hearing examiner. Pursuant to EMC 14.10.030, Administrative appeals, the property owner must file written notice of appeal with the city clerk within 14 calendar days following notification of the director’s decision. Such notice of appeal shall set forth in reasonable detail the action or decision appealed and the property owner’s grounds for reversal or modification thereof. Failure to submit a timely notice of appeal shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review. Following receipt of such notice of appeal, the city clerk will schedule a date for a public hearing with the hearing examiner at which time the hearing examiner shall consider the appeal. The date of the public hearing should be no later than 30 calendar days following the date the clerk received notice of the appeal. The clerk will mail written notice to all parties of record to apprise them of the hearing date. The hearing shall be an open record hearing at which the property owner and the city may present witness testimony and documentary evidence. At the conclusion of the public hearing the hearing examiner may adopt, amend and adopt, reverse, amend and reverse the findings, conclusions, and decision of the director. Pursuant to EMC 14.10.040, Judicial appeals, the decision of the hearing examiner on appeal of the decision of the director shall be final and conclusive unless, within 21 calendar days from the date of final action, the property owner files a petition for review with the superior court of Chelan County in the manner prescribed by law. Judicial review shall be a closed record appeal based upon the record created before the hearing examiner.

(4) Voluntary Relinquishment of Sewer Service Connection. Voluntary relinquishment of sewer service connection associated with an inactive property, including but not limited to demolished buildings, is allowed at any time prior to owing equal to or greater than applicable then-current sewer service connection rate in arrears of utility service accounts at the property owner’s request. In full consideration of forfeiting the sewer service connection, the city by approval of council shall remove the accrued utility service delinquent amount from the forfeited account, including late penalties, and send notice and confirmation to property owner of same. No credits will be issued for past payments on the property account. Service to a property under this section can only be restored by paying full new sewer connection charges at the then-current rate, as if it were a vacant property. (Ord. 837 § 1, 2022)

13.10.140 Requirements for connection to public sewers.

(1) All costs associated with the installation and connection to the public sewer system required by EMC 13.10.100 shall be borne by the user. All lateral sewer lines on private property are considered private lines and maintenance of same is the responsibility of the property owner.

(2) No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining permission from the public works director.

(3) A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway. The building sewer from the front building may be extended to the rear building and the whole considered a one-building sewer; provided, that before such a connection is made, a sewer easement shall be drawn up and given to the city attorney for his approval. If approved, it shall be recorded in Chelan County. At least a four-inch line shall be required for two buildings. Before three or more buildings can hook up to the same sewage line, the city engineer shall determine the size of line required to adequately dispose of sewage, and shall inform the applicant of the size.

(4) Old building sewers may be used in connection with new buildings only when they are found to meet all requirements of this chapter.

(5) The size, slope, alignment, materials of construction of a building sewer (private sewer) and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall conform to the requirements of the building and plumbing code and other applicable rules and regulations of the city of Entiat.

(6) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

(7) The connection of the private building sewer into the public sewer shall conform to the requirements of the city of Entiat and to the building and plumbing codes adopted by reference.

(8) The applicant for the sewer connection shall notify the public works director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the public works director and/or his designee.

(9) All excavations for private sewer installation shall be adequately guarded with barricades and lighted so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city of Entiat. (Ord. 669 § 3, 2007; Ord. 655 § 1, 2006; Ord. 516 § 14, 1998)

13.10.150 Installation of building sewer (private property) and side sewers.

(1) Installation of Private Sewage System. All individuals, businesses or corporations who make application to install sewer lines or any part thereof have the right to privately install their respective building and/or private sewer line where said private sewer line is located within the property lines of the individual’s, business’, or corporation’s property. In the event that any individual, business, or corporation shall not install their own private sewer, but shall cause said private sewer to be installed by any other person, then said individual, business, or corporation shall allow only a licensed and bonded contractor to install said private sewer line, in accordance with the provisions set forth in this section.

(2) Installation of Side Sewers. All individuals, businesses, and corporations who make application to install side sewer lines or any part thereof which shall cross any municipally owned or managed property shall have the actual installation work done by a licensed and bonded contractor.

(3) Type of Side Sewer Pipe Allowed. Pipe used in the construction of a private sanitary sewer may be any of the following; provided, that all pipe so installed shall be connected with rubber or neoprene gaskets or any similar material specifically approved by the city engineer for that purpose:

(a) Rigid pipe: ductile iron;

(b) Flexible pipe: PVC (poly vinyl chloride).

(4) Bonds.

(a) All individuals, businesses, and corporations who make application to install sewer lines or any part thereof in any street in the city of Entiat which are to be connected with the city of Entiat’s sewer system and, whether the area is inside or outside the city corporate limits, shall post with the city of Entiat:

(i) A bond acceptable to the city of Entiat in sufficient sums to restore to its preexisting condition the area in which said systems are installed, which when within the city limits shall be not less than $5,000, which may be continuous bond for all such installations;

(ii) In addition, a performance bond of not less than $2,000 to guarantee for one year the aforesaid work actually performed, including but not limited to actual installation of lines;

(iii) In the event that the person having the sewer line installed shall employ a licensed and bonded side sewer contractor, the contractor shall register at the City Hall and shall provide adequate proof of his licensing and bonding so as to satisfy the requirements of subsections (4)(a)(i) and (4)(a)(ii) of this section.

(b) Such bonds are conditions precedent to the commencement of work.

(c) Any individual, business, or corporation which receives a permit to install sewer lines as described in subsection (4)(a) of this section, agrees by acceptance of such permit that he, his successors and assigns will protect the city of Entiat and save it harmless from all claims, actions, and damages of every kind and description which may accrue to or be suffered by any person or persons or property by reason of the performance of such work, character of materials used, manner of installation, or by improper occupancy of rights-of-way or public place or public structure. In case any suit or action is brought against the city of Entiat for damages arising out of or by reason of any of the above cases, the permittee, his successors or assigns will, upon notice to him or them of commencement of such action, defend the same at his or their own sole expense and cost, and will satisfy any judgment after such suit or action which shall have been determined, if adverse to the city of Entiat, and further, shall reimburse the city of Entiat for reasonable attorney’s fees expended by the city in such actions.

(d) All work contemplated to be done thereunder shall be done satisfactorily to the public works supervisor of the city of Entiat before any one individual or business is released from said restoration bond and before the one-year term of performance bond ceases.

(5) Insurance. The amounts of insurance required for issuance of a contractor’s license/permit shall conform to the current state law regarding licensing requirements/limits of insurance for specialty contractors. Special insurance: where crossings under railroads are required or state highways, the amounts of insurance shall be as directed by the railroad or Department of Transportation. All required insurance policies shall name the city of Entiat as an additional insured. Proof of insurance shall be provided to the city prior to issuance of contractor license/permit. (Ord. 655 § 1, 2006; Ord. 516 § 15, 1998)

13.10.160 Maintenance of private sewers.

(1) Maintenance and repair of all private sewers is the responsibility of the owner. Any construction or repair of said sewer must be done by the owner.

(2) The city assumes no responsibility for the maintenance of any customer service lateral, or any building sewer lines on private property or in easements or street rights-of-way.

(3) If the customer’s service fails, the customer shall endeavor to determine if the cause and location of the service line failure is on the property. If a city employee is sent to a customer’s premises, and it is determined that the problem is caused by failure of the customer’s system or line, a charge may be made by the city to the customer.

(4) The public works director of the city sewer system shall not, without the express permission of the city council and mayor, build, repair or clean any sewer other than those owned by the city. (Ord. 727 § 1, 2012; Ord. 655 § 1, 2006; Ord. 516 § 16, 1998)

13.10.170 Abandoned sewers and sewage disposal facilities.

Every abandoned building, house, or other premises shall have its sewer plugged or capped in an approved manner. Every cesspool, septic tank, and seepage pit which has been abandoned or has been discontinued otherwise from future use or to which no waste or soil pipe from a plumbing fixture is connected, shall have the sewage removed therefrom and be closed in accordance with the requirements of the Chelan-Douglas County health district, specifically in regard to removal procedures and fill materials. (Ord. 655 § 1, 2006; Ord. 516 § 17, 1998)

13.10.180 Conveyance to city.

All extensions to the public sewer system shall be conveyed to the city by bill of sale and shall be accompanied by the following: a title report assuring that there are no liens and debts against the property and the person granting an easement has title to the property; that the extension was constructed in accordance with city standards and specifications proven with submittal of as-built drawings; a performance bond assuring the function of the new connection up to one year; proof of liability insurance to protect the city from damages arising out of the failure of a line due to defective materials or workmanship. If the lines cross private property, the grantor shall convey to the city the required easements for constructing, repairing, maintaining, altering, changing, controlling, and operating the lines in perpetuity. (Ord. 655 § 1, 2006; Ord. 516 § 18, 1998)

13.10.190 Ownership of lines.

The city owns all utility lines constructed by it, or conveyed to and accepted by it, or which it has maintained and operated for a period of not less than 10 years. The city disclaims ownership of any collection mains which are not located within public property or public easement. The city reserves the right to disclaim ownership of any privately constructed sewer main which was not built to city specifications. The city shall have no maintenance, repair, or replacement obligation with respect to lines which it does not own. (Ord. 516 § 19, 1998)

13.10.200 Standard specifications for municipal public works construction.

All materials and construction methods used for extensions and additions to the city utility system shall conform to the most current edition of the Standard Specifications for Road, Bridge, and Municipal Construction as prepared by the Washington State Department of Transportation and the American Public Works Association, Washington State Chapter, as the same may be modified by the city’s specification manual. (Ord. 516 § 20, 1998)

13.10.210 Administration and judicial review.

(1) Decisions made by the public works director shall be reviewed by the chief administrative officer of the city upon a minimum of 14 days’ prior written notice by the aggrieved party. The request shall describe the decision sought to be reviewed with sufficient clarity to promote a meaningful review of the issue. Upon receiving a request for review, the chief administrative officer shall contact the city’s hearing examiner to schedule a public hearing at which the public work director’s decision will be reviewed. The hearing shall be set within a reasonable time, allowing for review and comment by the city engineer. After considering the matter at the public hearing, the hearing examiner shall make his/her decision based on findings of fact and conclusions to support the decision.

(2) Further appeal of the hearing examiner decision can be made by the applicant to the Chelan County Superior Court, if the appeal is made to the court within 21 days from the time of the hearing examiner’s decision. The cost of the transcription of all records ordered certified by the court for such appeal shall be borne by the applicant/appellant. (Ord. 655 § 1, 2006; Ord. 516 § 21, 1998)

13.10.220 Confidential business information.

(1) Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from city inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law.

(2) When requested and demonstrated by the user furnishing a report that such information should be held confidential, the city shall make reasonable efforts to protect the portions of a report which might disclose trade secrets or secret processes from inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report.

(3) Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. (Ord. 516 § 22, 1998)

13.10.230 Violation – Penalty.

(1) Any person who shall violate any provision of the chapter shall be fined pursuant to Chapter 90.56 RCW and RCW 90.48.140 and 90.48.144, referenced specifically by the state Department of Ecology.

(2) Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned by the city by reason of such violation.

(3) Illegal Discharges. The discharger may be responsible for all costs associated with illegal discharges. This shall include, but not be limited to, damages to sewers, other property owners, or the treatment plant. The discharger shall be responsible for fines levied as a result of interference, pass through, or other permit violations caused by the illegal discharge.

(4) Compliance Schedule for Existing Customers. Existing users except for categorical users at the time this chapter is enacted that are out of compliance with this chapter on the date of enactment must conform their use to the requirements of the chapter within a reasonable time set forth in a compliance schedule established by the city engineer and the public works director, and approved by the city council. Failure to satisfy the requirements of the compliance schedule shall constitute a violation of this chapter and subject the user to the penalties set forth herein. Categorical users shall follow the compliance schedule in EMC 13.10.120 (2)(c). (Ord. 655 § 1, 2006; Ord. 516 § 23, 1998)