Chapter 14.60
WASTEWATER PRETREATMENT

Sections:

Article I. Regulations

14.60.010    –

14.60.110    Repealed.

14.60.200    Purpose.

14.60.300    General prohibitions.

14.60.3015    Specific prohibitions.

14.60.312    Tampering with monitoring device – Prohibited.

14.60.3183    Federal categorical pretreatment standards.

14.60.3186    State requirements.

14.60.319    Local limits.

14.60.3195    pH effluent limitations under continuous monitoring.

14.60.320    Maximum daily concentration allowed.

14.60.326    Reporting requirements.

14.60.340    Discharge of dangerous waste.

14.60.342    Explosion meter readings.

14.60.350    Accidental discharge facilities.

14.60.352    Accidental/slug discharge.

14.60.354    Dilution prohibited.

14.60.356    Pretreatment facilities.

14.60.358    Fats, oils and grease (F.O.G.) pretreatment required.

14.60.360    Grease removal system required – When.

14.60.362    F.O.G. control plans – Contents.

14.60.364    Washing facilities, grease rack – Pretreatment.

14.60.366    F.O.G. pretreatment facilities – Installation and maintenance.

14.60.368    Grease removal system additives.

14.60.370    Grease removal system sizing.

14.60.372    F.O.G. pretreatment facility maintenance – Compliance with control plan.

14.60.374    Recordkeeping/reporting requirements.

14.60.376    Permit to be obtained for installation of a gravity grease interceptor or oil/water separator.

14.60.378    Amalgam separators.

14.60.379    Sewage discharge facilities for recreational vehicles.

14.60.380    Compliance with applicable pretreatment requirements.

14.60.382    Additional pretreatment measures.

14.60.385    Right of revision.

14.60.390    Special agreement.

14.60.395    Trucked or hauled waste.

Article II. Administration

14.60.400    Purpose.

14.60.500    Disclosure forms.

14.60.503    Industrial wastewater discharge permits – Application.

14.60.5032    Wastewater discharge permitting – Extrajurisdictional users.

14.60.5034    Wastewater discharge permitting – Zero discharge permits.

14.60.5036    Wastewater discharge permitting – Middle tier categorical industrial user.

14.60.5038    Wastewater discharge permitting – Nonsignificant categorical industrial user.

14.60.504    Industrial discharge permit – Requirements.

14.60.505    Industrial wastewater discharge permit – Duration.

14.60.506    Industrial wastewater discharge permit – Transfer.

14.60.507    Industrial wastewater discharge permit – Modification.

14.60.5072    Emergency suspension of service and industrial wastewater discharge permit or limited permit.

14.60.5074    Termination of treatment services – Permit revocation.

14.60.5076    Wastewater discharge permit re-issuance.

14.60.508    Industrial wastewater discharge permit – Reporting required.

14.60.509    Signatory and certification requirement.

14.60.510    Limited discharge permits – Required when.

14.60.512    Limited discharge permits – Criteria.

14.60.5125    Limited discharge limitations and monitoring requirements.

14.60.513    Limited discharge permits – Special conditions.

14.60.514    Limited discharge permits – Issuance, revocation, transfer.

14.60.515    Limited discharge permits – Upgrade to industrial wastewater discharge permit – When.

14.60.516    Public notice for industrial wastewater discharge permits.

14.60.520    Public hearing.

14.60.525    Monitoring facilities.

14.60.530    Sampling and analysis requirements.

14.60.533    Resampling required when violation occurs.

14.60.535    Compliance monitoring.

14.60.5355    Noncompliance reporting.

14.60.536    Compliance schedules for meeting applicable pretreatment standards.

14.60.537    Notification of significant production changes.

14.60.538    Sampling and analysis frequencies.

14.60.540    Inspection of facilities.

14.60.545    Right to enter.

14.60.550    Accidental spill prevention plan.

14.60.551    Slug discharge control plan.

14.60.553    Notification of changes in discharge.

14.60.554    Discharge of hazardous waste – Permit required.

14.60.5545    Hazardous waste notification.

14.60.555    Discontinuance of discharge.

14.60.556    TTO reporting.

14.60.557    Reports from unpermitted users.

14.60.558    Timing.

14.60.560    Confidential information.

14.60.565    Preemption of limitations, standards or requirements.

14.60.570    Publication of violators.

14.60.575    Records retention – Required.

14.60.580    Pretreatment charges and fees.

Article III. Enforcement

14.60.605    Violations – Remedies.

14.60.610    Violations.

14.60.621    Enforcement response plan.

14.60.623    Administrative fines – Civil penalties.

14.60.624    Civil liability for expenses and fines.

14.60.626    Administrative appeal.

14.60.628    Judicial review.

14.60.631    Pass-through or interference.

14.60.632    Upset provisions.

14.60.633    Bypass.

14.60.641    Significant noncompliance.

14.60.645    Criminal penalties.

14.60.665    Right to written interpretation of chapter.

14.60.700    Remedies nonexclusive.

14.60.900    Severability.

Article I. Regulations

14.60.010 – 14.60.110   Repealed.

Repealed by Ord. 1706.

14.60.200 Purpose.

This chapter sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the city of Lynnwood, and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 USC 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403) of the United States Code of Federal Regulations. The objectives of this chapter are:

A. To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW;

B. To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW;

C. To ensure that the quality of the wastewater treatment plant biosolids is maintained so its intended purpose and disposal remain in compliance with applicable statutes and regulations;

D. To protect POTW personnel who may be affected by wastewater, wastewater solids, and biosolids in the course of their employment and to protect the general public;

E. To improve the opportunity to recycle and reclaim wastewater and biosolids from the POTW treatment plant.

This chapter shall apply to all users of the POTW. This chapter authorizes the issuance of industrial wastewater discharge permits and limited discharge authorizations; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.300 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. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.3015 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 or 60 degrees centigrade using the test methods specified in 40 CFR 261.21;

B. Wastewater having a pH value of less than five or more than 11 (unless in compliance with LMC 14.60.319) 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 collection/conveyance system or with the POTW treatment plant resulting in interference, but in no case solids greater than one-quarter inch;

D. Pollutants, including biochemical and chemical 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, will cause interference with the POTW treatment plant;

E. Wastewater having a temperature which will inhibit biological activity at the POTW treatment plant resulting in interference. In no case shall wastewater which causes the temperature at the introduction into the POTW treatment plant to exceed 104 degrees Fahrenheit or 40 degrees centigrade, or the temperature to exceed 150 degrees Fahrenheit or 65 degrees centigrade at the point of discharge to the public sewers, be allowed unless approved by the director;

F. Petroleum oil, nonbiodegradable cutting oil, 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 issues;

H. Trucked or hauled pollutants (including domestic sewage or septic tank wastes) unless authorized by the director and subject to those conditions as provided in LMC 14.60.379;

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 POTW 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 which consequently impart color to the treatment plant’s effluent, thereby violating the city’s NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10 percent from the seasonably established norm for aquatic life;

K. Wastewater containing any radioactive wastes or isotopes except as specifically approved by the director in compliance with applicable state or federal regulations;

L. Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, or unpolluted wastewater, unless specifically authorized by the director;

M. Any sludge, screenings, or other residues from the pretreatment of industrial or commercial wastes or processes, except as authorized by the director;

N. Medical or dental wastes, except as specifically authorized by the director;

O. Wastewater causing, alone or in conjunction with other sources, the POTW treatment plant’s effluent to fail a toxicity test;

P. Detergents, surface-active agents, or other substances in amounts which may cause excessive foaming in the POTW;

Q. Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any way to the POTW or to the operation of the POTW treatment plant. At no time shall two successive readings on an explosion meter, at the point of discharge into the system (or at any point in the system), be more than five percent nor shall any single reading over 10 percent of the lower explosive limit (LEL) be allowed;

R. Animal entrails, bones, hair, hides or fleshings, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, glass grindings or polishing wastes in amounts that cause interference in the POTW;

S. Any substance which will cause the POTW treatment plant to violate its NPDES and/or any other disposal system permits;

T. Any wastewater that can cause harm to the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can endanger life, limb, public property, or constitute a nuisance unless allowed under special agreement by the director (except that no special waiver shall be given from categorical pretreatment standards);

U. The contents of any tank or other vessel owned or used by any person in the business of collecting or pumping sewage, effluent, septage, or other wastewater unless said person has first obtained testing and approval as may be required by the city of Lynnwood and has paid all fees assessed for the privilege of said discharge;

V. 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;

W. Persistent pesticides and/or pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA);

X. Any slug load;

Y. Any substance which may cause the POTW treatment plant’s effluent or treatment residues, sludge, or scums to be unsuitable for reclamation and reuse, or to interfere with the reclamation process;

Z. Fats, oils and grease in amounts that may cause obstructions or maintenance problems in the collection/conveyance system, or interfere with the POTW treatment plant operations;

AA. The discharge of any untreated wastewater regulated by National Emission Standards for Hazardous Air Pollutants (NESHAP) is prohibited. The POTW treatment plant does not and will not accept a NESHAP regulated waste stream nor provide treatment or controls as an agent for any industrial user within the meaning of 40 CFR Part 63.

Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they are likely to be discharged to the POTW unless the user has in place an accidental spill prevention plan (ASPP)/slug discharge control plan. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.312 Tampering with monitoring device – Prohibited.

No discharger shall tamper with, damage or render inaccurate any in use wastewater monitoring or pretreatment device required by this chapter. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.3183 Federal categorical pretreatment standards.

The National Categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N are incorporated herein by reference as if set forth in full in this chapter. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.3186 State requirements.

State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this chapter or other applicable ordinances. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.319 Local limits.

The following pollutant limits are established to protect against pass-through and interference, protect air quality related to sludge incineration, provide for economical disposal of sludge ash and provide for safety of utility workers. No significant industrial user, nonsignificant industrial user, groundwater remediation or person shall discharge or cause to discharge any wastewater containing in excess of the following daily maximum allowable discharge limits. In addition the director may apply all or some of the limits set forth below as the director deems appropriate and designates in the user’s permit:

Ammonia

33.0 mg/L

Arsenic

0.5 mg/L

BOD5

300 mg/L

Cadmium

0.5 mg/L

Chromium

2.0 mg/L

Copper

2.0 mg/L

Cyanide

1.0 mg/L

Lead

1.5 mg/L

Mercury

0.0003 mg/L

Molybdenum

3.0 mg/L

Nickel

1.5 mg/L

Nitrogen

50 mg/L

Total Phenols

10 mg/L

TSS

200 mg/L

Selenium

0.5 mg/L

Silver

0.5 mg/L

Zinc

1.5 mg/L

Fats, oils and grease:

 

(polar)

100 mg/L

(nonpolar)

100 mg/L

pH

5.0 to 11.0

In addition to the above concentration limits and those contained in the categorical standards, the director may also impose mass limits if necessary for the protection of the POTW treatment plant facility and/or sludge disposal. Such poundage limits shall be derived using the following formula:

pounds/day = (conc. in mg/L) x (gal. discharge/day*) x 8.34

*In million gallons discharged per day, i.e., 100 gallons is represented by 0.000100 in million gallons.

The above limits apply at the point where the wastewater is discharged to the POTW (end of the pipe). Categorical pretreatment standards apply at the end of the process. However, the director may elect to have local limits apply after pretreatment and/or prior to mixing with dilution flows.

All concentrations for metallic substances are for “total” metal unless indicated otherwise. The director may impose mass limitations in addition to (or in place of) the concentration based limitations above.

Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply.

The city council authorizes the director to revise local limits. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.3195 pH effluent limitations under continuous monitoring.

A. Where a permittee continuously monitors the pH of wastewater discharged to the city’s sewer system pursuant to a requirement in their discharge permit, the permittee shall maintain the pH of such wastewater within the range set forth in the permit, except excursions from the range are permitted subject to the following limitations:

1. The total time during which the pH values are outside the required range of pH values shall not exceed two hours in any calendar month; and

2. No individual excursion from the allowable range of pH values shall exceed 15 minutes.

B. At no time will the pH value be outside the allowable range of pH values by more than one pH unit.

C. At no time shall the pH be less than five pH units nor more than 11 pH units.

D. All batch discharges shall be in compliance with the allowable pH range.

E. For the purposes of this chapter, an excursion is an unintentional and temporary incident in which the pH value of the discharged wastewater exceeds the range set forth in the user’s discharge permit.

F. Temporary pH value excursions that comply with the provisions of this section will not be considered violations of the user’s discharge permit but shall be reported in the pretreatment self-monitoring report with copies of the associated pH recorder charts. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.320 Maximum daily concentration allowed.

Unless otherwise provided in this chapter, the maximum daily allowable concentration for all industrial users, including both categorical and noncategorical industrial users is violated under the following circumstances:

A. The arithmetic mean of concentrations for eight consecutive samples collected within a 24-hour time period over intervals of 15 minutes or greater is in excess of the limitation.

B. The concentration value obtained from a composite sample that is representative of the 24-hour discharge is in excess of the limitation.

C. The concentration of any single sample (whether as single grab sample or a sample within a series) exclusive of any fats, oils, and grease exceeds the limitation by a factor of two and one-half times.

D. The arithmetic mean of the concentration of fats, oils, or greases for three grab samples, taken no more frequently than at five-minute intervals, exceeds the limitation. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 2031 § 10, 1995; Ord. 1705, 1989. Formerly 14.60.611)

14.60.326 Reporting requirements.

A violation shall occur if any reporting requirements established by permit, agreement, accidental discharges, upset conditions, written request of the director, or as specified by general pretreatment standards 40 CFR 403.12, are not complied with, and may be subject to enforcement actions as outlined in the enforcement response plan (ERP). (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.615)

14.60.340 Discharge of dangerous waste.

A violation shall occur if any dangerous waste, as defined under Chapter 173-303 WAC, is discharged into any public sewer, unless authorized by the city in a discharge permit. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.617)

14.60.342 Explosion meter readings.

A violation shall occur if the reading on an explosion meter at any point in the POTW is greater than 10 percent of the lower explosive limit for a single reading or greater than five percent for two successive readings. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.618)

14.60.350 Accidental discharge facilities.

Each discharger shall provide protection from accidental discharges of prohibited or regulated materials. Facilities to prevent accidental discharges of these materials into the POTW shall be provided for and maintained by the discharger at the owner’s expense. Detailed plans and specifications of such facilities shall be submitted as a part of the waste management report required by the wastewater discharge permit or limited discharge permit. Review and approval of plans and operation procedures does not relieve the discharger from the responsibility to comply with discharge limitations or to modify his treatment facilities in the future to meet subsequent standards, regulations or requirements. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.330)

14.60.352 Accidental/slug discharge.

Any discharge that meets the criteria of accidental/slug discharge shall be considered a reportable discharge. In the event of an accidental/slug discharge, it is the responsibility of the discharger to notify the POTW treatment plant at the time of the discharge. The notifications shall include the location, time, volume, substance(s), concentrations, corrective actions and the persons to be contacted concerning the discharge. Within five days the discharger must submit a written report to the director explaining all the details of the discharge, the procedures taken to mitigate the effects of the discharge, and the manner in which the waste was disposed. This report shall also include a description of the measures taken by the company to prevent future occurrences. Notification does not relieve the discharger of any expense, loss, damage, or other liability which may have been incurred as a result of damage to the POTW, to person(s) or personal property; nor does such notification relieve the discharger of any fines, penalties incurred by this chapter or other regulatory authority. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.335)

14.60.354 Dilution prohibited.

No discharger shall ever increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with categorical pretreatment standards or any limitations set by this chapter. The city may impose mass limitations on dischargers where the imposition of mass limitations is appropriate. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.340)

14.60.356 Pretreatment facilities.

The discharger shall provide all known, available, and reasonable methods of prevention, control, and pretreatment as required to comply with this chapter as well as state and federal regulations, and shall achieve compliance with all applicable pretreatment standards within the time limitations as specified by appropriate statutes, regulations, chapters, and ordinances. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, properly operated and maintained at the discharger’s expense. Detailed plans showing the pretreatment facilities shall be submitted to the city for review and must be accepted by the city and the State Department of Ecology before construction of the facility. The review of such plans by the city shall in no way relieve the discharger from the responsibility of modifying its facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. The discharger shall obtain all necessary construction operating permits from the city. Prior to completion of the wastewater pretreatment facility, the discharger shall furnish its plan of operations and maintenance procedures for the city to review. Such pretreatment facilities shall be under the control and direction of a qualified operator.

Any subsequent proposal for significant changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the State Department of Ecology and the city prior to the discharger’s initiation of the changes.

Pretreatment facilities shall comply with the applicable requirements of WAC 173-216-110, Chapter 173-240 WAC, and RCW 90.48.010. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.350)

14.60.358 Fats, oils and grease (F.O.G.) pretreatment required.

All food service establishments that serve or prepare food or any other establishment from which a considerable amount of F.O.G. may be introduced to the sewer system shall have an adequate grease removal system installed and/or exercise proper kitchen best management practices to ensure that excess concentrations of F.O.G. are not discharged to the POTW. Take-out food establishments or other establishments that prepare food, but do not cook in oil or grease, and who serve food only in disposable containers, may be exempted from this requirement, provided their discharges will not violate the general discharge prohibitions of this chapter.

These pretreatment facilities must be approved grease removal systems installed in the waste line leading from sinks, drains, or other fixtures where F.O.G. may be discharged. The grease removal systems must meet, at a minimum, the specifications of the current Uniform Plumbing Code as adopted by the city at the time of construction. Dischargers must maintain these systems in a manner that will always prevent fat waste, oil or grease from being carried into the sewer system. Fat waste, oil or grease removed from such a system shall not be disposed of in sanitary or storm sewers.

Containment of fats, oils and grease shall be in approved containers and the surrounding area clean of any residue. Containers shall be inside a covered enclosure that is kept clean and capable of containing any and all spillage from the containers. The director may grant a variance on the type or size of grease removal system required as deemed appropriate under extraordinary circumstances. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 2031 § 6, 1995; Ord. 1831 § 13, 1991; Ord. 1705, 1989. Formerly 14.60.352)

14.60.360 Grease removal system required – When.

If any food service establishments where F.O.G. may be introduced to the sewer system are sold or leased, and the new owners or operators must apply for a new business license, they shall be required to install or connect to a grease removal system within six months. In the event that an existing business is not capable of fully utilizing the existing grease removal system due to faulty or incomplete plumbing, or the existing grease removal system is inadequate, the business shall, within 12 months of notification, make whatever corrections or upgrades necessary to bring their system into compliance.

The city shall approve of all control plans or installations of grease removal systems. The cost of grease interceptor permits shall be as shown in Chapter 3.104 LMC. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 2656 §§ 1, 2, 2006; Ord. 2031 § 7, 1995; Ord. 1705, 1989. Formerly 14.60.354)

14.60.362 F.O.G. control plans – Contents.

The goal of the F.O.G. control plan is to implement reasonable and technically feasible controls of visible or free-floating F.O.G. The basic components of the F.O.G. control plan should include:

A. A written policy articulating management and corporate support for the plan and a commitment to implement planned activities and achieve established goals;

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

C. Schematics of process areas illustrating drains and discharge points connected to the sewer;

D. Schedule of grease removal system cleanings and maintenance;

E. Specific performance goals and implementation schedule; and

F. Signature of owner or responsible person. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 2031 § 8, 1995. Formerly 14.60.355)

14.60.364 Washing facilities, grease rack – Pretreatment.

Dischargers who operate automatic and coin-operated laundries, car washes, filling stations, commercial garages or similar businesses having any type of washing facilities or grease racks and any other dischargers producing grit, sand, oils, or other materials which have the potential of causing partial or complete obstruction of the POTW sewer collection and conveyance system shall install approved interceptors or tanks in accordance with the latest specifications adopted by the city of Lynnwood so that excessive amounts of oil, sand and inert solids are effectively prevented from entering the system. At no time will water from these processes be allowed into the stormwater system. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.356)

14.60.366 F.O.G. pretreatment facilities – Installation and maintenance.

All pretreatment facilities to prevent the discharge of fat waste, oil, or grease shall be installed, maintained and operated by the discharger at his own expense. The installation shall be kept in continuous operation at all times, and shall be maintained to provide efficient operation. Cleaning of a gravity grease interceptor (GGI) grease removal system must be performed by a service contractor qualified to perform such cleaning. Trap-style hydromechanical grease interceptors (HGIs) may be maintained by the establishment as long as all the proper procedures for the cleaning and disposing of all waste materials are done in the proper manner.

At a minimum, gravity grease interceptors shall be cleaned at least once every 90 days and hydromechanical grease interceptors cleaned at least biweekly. These required frequencies may be extended with the approval of the director of public works. Grease interceptors must be cleaned whenever the combined thickness of the floating greases and settled solids is equal to, or greater than, 25 percent of the total liquid depth in the interceptor. When cleaned, a gravity grease interceptor must be completely pumped out, all solids removed, solidified grease scraped from the interior and the structure and all internal plumbing inspected for damage and corrosion. The GRS shall be refilled with cold water prior to being placed back into operation. If repairs are required, they shall be performed within 30 days.

When cleaned, the hydromechanical grease interceptor must have surface grease and oil removed, settled solids removed, all walls scraped, removable parts removed and cleaned, be inspected for damage and corrosion, and be properly reassembled. If repairs are required, they shall be performed within 30 days.

Material that is removed in the process of cleaning a grease removal system shall not be discharged back into the interceptor, any part of the POTW, any private sewer, any drainage piping or storm sewer system. All materials removed shall be handled and disposed of in accordance with federal, state, county and local rules and regulations. Grease removal devices (GRDs) that automatically, mechanically remove nonpetroleum fats, oils and greases from the interceptor shall be maintained in accordance with the manufacturers’ guidelines.

If a failure to maintain settling tanks, grit traps, grease interceptors, or oil/water separators or any other grease pretreatment facility results in partial or complete blockage of the building sewer or other parts of the POTW, adversely affects the treatment or transmission capabilities of the POTW, or requires excessive maintenance by the city, the discharger responsible for the facilities shall be subject to the remedies, including enforcement and penalties, in Article III of this chapter. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 2031 § 9, 1995; Ord. 1945 § 4, 1993; Ord. 1705, 1989. Formerly 14.60.358)

14.60.368 Grease removal system additives.

The use of any additive, such as enzymes, chemicals, or bacteria, as a substitute for the installation or maintenance of grease removal systems is prohibited. In no case shall any additive that emulsifies fats, oils or grease be used. Any use of additives as a supplement to grease removal systems shall first be authorized in writing by the director prior to their use by the facility owner. Safety data sheets and any other applicable information concerning the composition, frequency of use and mode of action of the proposed additive shall be sent to the city together with a written statement outlining the proposed use of the additive. Based on the information received and any other information solicited from the potential user or supplier, the city shall allow or deny the use of the additive in writing. Permission to use any specific additive may be withdrawn by the city at any time if violations of this chapter occur that can be demonstrated to be due to the use of the additive. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008. Formerly 14.60.3582)

14.60.370 Grease removal system sizing.

The type and size of the grease removal system shall be based on the drainage fixture unit formula as defined in the currently adopted Uniform Plumbing Code.

In no case shall a hydromechanical grease interceptor smaller than 20 gallons per minute or larger than 55 gallons per minute be installed without approval of the director. In no case shall a gravity grease interceptor smaller than 750 gallons be installed without prior approval of the director. The maximum size for a gravity grease interceptor shall be 4,000 gallons. If the calculated minimum size is larger than this, two interceptors of approximately equal size shall be installed in series. If the calculated minimum size is larger than 8,000 gallons, two 4,000-gallon gravity grease interceptors shall be installed in series. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008. Formerly 14.60.3584)

14.60.372 F.O.G. pretreatment facility maintenance – Compliance with control plan.

A violation shall occur if:

A. There are any discharges of any substance or F.O.G. in excess of the provisions or restrictions of this chapter;

B. There is a failure to install or maintain settling tanks, grit traps, grease removal systems, oil/water separators or any other pretreatment facility that results in partial or complete blockage that adversely affects the treatment or transmission capabilities of the conveyance system or the POTW treatment plant. Failure to prevent discharge of grease, oil, fats, sand, gravel or any other material which causes excessive maintenance of the sewer conveyance system or POTW treatment plant shall be liable for costs incurred by the city and may be subject to enforcement action as outlined in the ERP; or

C. A discharger does not comply with their approved F.O.G. control plan. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 2031 § 11, 1995; Ord. 1705, 1989. Formerly 14.60.616)

14.60.374 Recordkeeping/reporting requirements.

Users subject to this chapter shall document all cleaning and maintenance activities performed on their grease removal system. These records shall be submitted to the city as documented in the F.O.G. control plan, maintained for a minimum of three years and be available for inspection and copying by the director or representative. This period shall be automatically extended for the duration of any litigation concerning the user or the POTW, or where the user has been specifically notified of a longer retention period required by the director. Where the director has determined that a user must provide written reports, these reports shall be submitted in accordance with the requirement of the director. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report by the city shall govern. Failure to comply with the cleaning and/or servicing of equipment as scheduled in the F.O.G. control plan is a violation and subject to penalties as fines as documented in the enforcement response plan. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008. Formerly 14.60.3586)

14.60.376 Permit to be obtained for installation of a gravity grease interceptor or oil/water separator.

A permit application for the installation of a gravity grease interceptor or oil/water separator shall be submitted to the department of public works for processing as required by LMC 2.44.040. Hydromechanical grease interceptors, typically installed inside the building, will be permitted through the building department. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 2241 § 16, 1999. Formerly 14.60.359)

14.60.378 Amalgam separators.

The director may specify additional requirements for dental facilities that remove or place amalgam fillings.

A. All users of and dischargers from dental facilities that remove or place amalgam fillings shall comply with the following waste management practices:

1. No person shall rinse chair-side traps, vacuum screens, or amalgam separator equipment in a sink or other connection to the sanitary sewer.

2. Users of and dischargers from dental facilities shall ensure that all staff members who handle amalgam waste are trained in the proper handling, management, and disposal of mercury-containing material and fixer-containing solutions, and shall maintain training records that shall be available for inspection by the director during normal business hours.

3. Amalgam waste shall be stored and managed in accordance with the instructions of the recycler or hauler of such materials.

4. Bleach and other chlorine-containing disinfectants shall not be used to disinfect the vacuum line system.

5. The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam is permitted.

B. All users of and dischargers from dental vacuum suction systems, except as set forth in subsection (C) of this section, shall comply with the following:

1. An ISO 11143 certified amalgam separator or comparable device shall be installed for each dental vacuum suction system on or before one year of the effective date of this title; provided, however, that all dental facilities that are newly constructed on and after the effective date of this title shall include an installed ISO 11143 certified amalgam separator or comparable device. The installed device must be ISO 11143 certified or comparable as capable of removing a minimum of 99 percent of total mercury. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a noncertified separator may be accepted; provided, that smaller units from the same manufacturer and of the same technology are ISO-certified or comparable. Alternative materials and methods shall be proposed to the director for approval.

2. Proof of certification and installation records shall be submitted to the director within 30 days of installation.

3. Amalgam separators shall be maintained in accordance with manufacturer’s recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request by the director during normal business hours.

4. All service and maintenance activities performed on the amalgam separator shall be documented on the city of Lynnwood’s dental facility maintenance record. This record shall be posted on site and submitted to the city as documented in the mercury removal control plan.

C. The following types of dental practice are exempt from this section; provided, that removal or placement of amalgam fillings occurs at the facility no more than three days per year: dental clinics, orthodontics, periodontics, oral and maxillofacial surgery, radiology, oral pathology or oral medicine, and endodontistry and prosthodontistry. Exemption from this section requires an annually signed document from the discharger stating removal or placement of amalgam fillings occurs at the facility no more than three days per year. (Ord. 3220 § 2, 2016)

14.60.379 Sewage discharge facilities for recreational vehicles.

Facilities to accommodate the disposal of domestic sewage from recreational vehicles into the city’s sanitary sewer system may be installed and used under the following conditions:

A. Approval to install facility will be subject to all applicable municipal code requirements and restrictions as they pertain to commercial or residential sites.

B. Any responsible person may apply to the public works department for permission to install a recreational vehicle sewage waste disposal facility for recreational vehicles. “Responsible person” includes the owner of the business and/or property on which the facility is proposed or any person authorized in writing by such owner to act in his/her place with respect to the installation and maintenance of such a facility.

C. Before permission to connect a recreational vehicle sewage waste disposal facility is granted, the responsible person shall pay applicable sewer connection fees to the city.

D. The specific location of the recreational vehicle sewage waste disposal facility shall be subject to approval by the director.

E. The recreational vehicle sewage waste disposal facility shall be installed only in conformity with designs approved by the director and consistent with all other code requirements of the city.

F. The installation of the recreational vehicle sewage waste disposal facility shall be subject to all applicable public works, building and inspection regulations in force at the time of the installation; and the city shall bear no part of the cost of such installation.

G. After installation, the recreational vehicle sewage waste disposal facility shall be made available for inspection at any time during business hours and at any other time upon reasonable notice given to the responsible person or without notice in case of emergency. The inspection shall be conducted by the director or representative.

H. The responsible person shall take all reasonable steps necessary to ensure that all users of the recreational vehicle sewage waste disposal facility do not discharge into the city sewer collection system any substance in violation of this chapter. The public works department, as allowed in this chapter, may establish mandatory best management practices for such recreational vehicle sewage waste disposal facilities.

I. The director may order that the use of the recreational vehicle sewage waste disposal site be discontinued or that it be disconnected from the city sewer system if, after prior notice of such violations, the responsible person has failed to prevent the discharge of prohibited substances into the sewer collection system. Thereafter, the use of such a facility or its connection to the city’s sewer collection system may be reinstated if the director determines that the conditions requiring such discontinuance or disconnection have ceased to exist.

J. The responsible person shall notify the director whenever any of the following events occur:

1. The responsible person ceases to act as responsible person.

2. The premises upon which the recreational vehicle sewage waste disposal facility is located ceases to be used as a discharge facility.

K. Upon receipt of notice that use of the recreational vehicle sewage waste disposal facility is to be terminated for an indefinite period of time, the director may take actions to ensure compliance with the requirements of this chapter including either of the following:

1. Disconnect or require that the recreational vehicle sewage waste disposal facility disposal site disconnect from the city’s sewer system, or

2. Require the responsible person to take the necessary steps to prevent further use of the facility. (Ord. 3220 § 2, 2016)

14.60.380 Compliance with applicable pretreatment requirements.

New sources, and new users that are determined to be significant industrial users (SIUs), shall install and have in operating condition all pollution control equipment required to meet applicable pretreatment standards prior to discharging to the POTW.

Any wastewater discharge permit issued to a categorical user shall not contain a compliance date beyond any deadline date established in EPA’s categorical pretreatment standards. Any other existing user that is considered to be an SIU, or a categorical user that must comply with a more stringent local limit, which is in noncompliance with any local limits may be provided with a compliance schedule to ensure compliance within the shortest time feasible. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008. Formerly 14.60.3593)

14.60.382 Additional pretreatment measures.

Whenever deemed necessary, the director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial waste-streams, and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this chapter.

When determined necessary by the director, each user discharging into the POTW shall install and maintain, on his property and at his expense, a suitable storage and flow-control facility to ensure equalization of flow. The director may require the facility to be equipped with alarms and a rate of discharge controller, the regulation of which shall be determined by the director. A wastewater discharge permit may be issued solely for flow equalization. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection system.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the director and shall be so located as to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as specified in their F.O.G. control plan by the user at his expense.

When a new building is constructed without a tenant, and has any sewers which are intended to serve wastes other than sanitary or domestic waste, a three-compartment interceptor approved by the director shall be installed. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008. Formerly 14.60.3596)

14.60.385 Right of revision.

The city reserves the right to amend this chapter, and any permits issued under it, to provide for more stringent limitations or requirements on discharges to the POTW if such amendments are deemed necessary to comply with the objectives set forth in LMC 14.04.005, or are otherwise in the public interest. No vested right shall be created by the issuance of any permit under this chapter. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.360)

14.60.390 Special agreement.

The city reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a categorical pretreatment standard or federal pretreatment requirement. However, the user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from the approval authority in accordance with 40 CFR 403.13. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008. Formerly 14.60.365)

14.60.395 Trucked or hauled waste.

Trucked or hauled pollutants including septage from any source is prohibited from being discharged into the POTW unless authorized by the director of public works. The authorized discharge must meet local discharge limits. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1831 § 15, 1991; Ord. 1705, 1989. Formerly 14.60.370)

Article II. Administration

14.60.400 Purpose.

Except as otherwise provided herein the director shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the director may be delegated by the director to other city of Lynnwood personnel. The director may create administrative guidelines to implement the provisions of this chapter. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.500 Disclosure forms.

All existing and new businesses that discharge or have the potential to discharge wastes regulated by this chapter shall be required to complete an industrial waste disclosure form. The disclosure to be made by the discharger shall be made on written forms provided by the city and shall include such data, information and drawings as may be identified by the director. The disclosure forms must be returned to the director no later than within 30 days (except as noted below) of the occurrence of any of the following:

A. Receipt by the user of a disclosure form with a request for completion and submittal of same from the director;

B. Modification of any of the processes regulated by an existing permit which results in any changes in characteristics, volume, or point of discharge from those specified in the existing permit. The disclosure form must be submitted no later than 60 days prior to the expected modifications;

C. Addition of a process which is regulated by national categorical pretreatment standards or addition of a discharge which is subject to local discharge regulations; or

D. Application for a building permit for initial construction, expansion, or remodeling. The disclosure form must be submitted for review before the building permit is issued.

Disclosure forms shall be reviewed by the city, and if the director makes the determination that a wastewater discharge permit is required, the disclosure form shall serve as a permit application and must be accompanied by the fee designated in Chapter 14.40 LMC.

Disclosure forms must be completed and signed by a principal executive officer of the company. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.503 Industrial wastewater discharge permits – Application.

All dischargers of industrial wastewater to the sewer system who are required to have an industrial wastewater discharge permit shall submit an application to the director. The industrial sewer discharge permit application shall be submitted to the department of public works for processing as required by LMC 2.44.040, unless federal rules and regulation require otherwise. New industrial users subject to federal categorical standards or local limitations as determined by the director shall apply 60 days prior to connecting to the city sanitary sewer. The director shall review applications, determine appropriate requirements, restrictions and limitations for the applicant and issue an industrial wastewater discharge permit as needed. Where a discharger becomes subject to a national categorical pretreatment standard, and has not previously submitted an application for a wastewater discharge permit, the discharger shall apply for a wastewater discharge permit from the city within 90 days after the promulgation of the applicable categorical pretreatment standards by the EPA. All permittees shall apply for renewal of their wastewater permit no later than 90 days prior to the expiration of their present permit.

All dischargers who are subject to federal categorical standards must submit a baseline monitoring report within 180 days of the promulgation of appropriate categorical standards. The report shall follow the rules provided in 40 CFR 403.12(b).

For new sources the discharger may provide estimates of production, flow and quality and presence of regulated pollutants in its wastestream.

A new source may be required to submit an engineering report to the director and comply with Chapter 173-240 WAC; the report should explain the method of pretreatment a new source intends to use to meet applicable categorical standards. A new source shall give estimates of its anticipated flow and quantity of pollutants discharged.

The cost of industrial wastewater discharge permits shall be as shown in Chapter 3.104 LMC. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 2656 §§ 1, 2, 2006; Ord. 2076 § 17, 1996; Ord. 1705, 1989)

14.60.5032 Wastewater discharge permitting – Extrajurisdictional users.

The director has the authority to negotiate and enter into interjurisdictional agreements to enforce the pretreatment requirements outside of jurisdictional boundaries, setting forth the responsibility of both parties with respect to pretreatment functions and making provisions of the city ordinance enforceable in the jurisdiction in which the industrial user is located.

New sources, and new users that are determined to be significant industrial users (SIUs), located beyond the city limits required to obtain a wastewater discharge permit shall comply with LMC 14.60.508(A) through (E). (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.5034 Wastewater discharge permitting – Zero discharge permits.

Any categorical user that operates its regulated processes so that no industrial waste is discharged to the POTW may request that a zero discharge permit (ZDP) be issued by the city. To be eligible for a ZDP the user shall demonstrate to the director’s satisfaction that no industrial waste will be discharged and shall either permanently seal all accesses to the POTW other than those required for disposal of domestic sewage or install shutoff devices that will accept city-installed, tamper-evident seals. Breaking this seal without prior authorization by the director shall be a violation of the ZDP and this chapter. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.5036 Wastewater discharge permitting – Middle tier categorical industrial user.

Any categorical user that operates its regulated processes so that it complies with the requirements in LMC 14.06.130, middle tier categorical industrial user, may request that it be designated a middle tier categorical industrial user. If the director agrees with that request, the user’s discharge permit will be modified to incorporate the applicable provisions of 40 CFR 403. If, at any time, the user no longer complies with the requirements in LMC 14.06.130, middle tier categorical industrial user, it shall immediately notify the director and comply with the backup reporting requirements contained in the permit. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.5038 Wastewater discharge permitting – Nonsignificant categorical industrial user.

Any categorical user that operates its regulated processes so that it complies with the requirements in LMC 14.06.190(3), significant industrial user, may request that it be designated a nonsignificant categorical industrial user. If the director agrees with that request, the user will be issued a nonsignificant CIU permit and shall comply with the requirements of that permit. If, at any time, the user no longer complies with the requirements in LMC 14.06.190(3), significant industrial user, it shall immediately notify the director and comply with the backup reporting requirements contained in the permit. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.504 Industrial discharge permit – Requirements.

The city may authorize the following items to be included in the wastewater permit:

A. Limits on the average and maximum discharge of wastewater constituents and characteristics regulated thereby;

B. Limits on average and maximum flow rate and time of discharge and/or requirements for flow control and equalization;

C. Requirements for installation and maintenance of inspection and sampling facilities;

D. Special Conditions. The city may reasonably require under particular circumstances of a given discharger, including but not limited to sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedule;

E. Compliance self-monitoring;

F. Requirements for submission of discharge compliance monitoring reports or special technical reports;

G. Requirements for submittal of an accidental spill prevention plan (ASPP);

H. Requirements for immediate reporting of noncompliance, accidental spills, or upsets by the discharger;

I. Requirements equivalent to the applicable Washington State waste discharge permit system requirements;

J. Requirements for payment of fees pursuant to Chapter 14.40 LMC;

K. Requirement that the director or designee shall have reasonable access to the discharger’s premises to accomplish any required inspection, sampling or flow monitoring;

L. Slug discharge control plan;

M. Best management practices;

N. All known, available and reasonable methods of prevention, control and treatment (AKART) requirements; and

O. A statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.505 Industrial wastewater discharge permit – Duration.

All wastewater discharge permits shall be issued for a period of no greater than five years, subject to amendment or revocation as provided in this chapter. A permit may be issued for a shorter period or may be stated on its face to expire on a specific date. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.506 Industrial wastewater discharge permit – Transfer.

Wastewater discharge permits are issued to a specific discharger for a specific operation and are not assignable to another discharger without prior written approval of the city, and are not transferable to any other location. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.507 Industrial wastewater discharge permit – Modification.

The city reserves the right to amend any wastewater discharge permit issued hereunder in order to assure compliance or continued compliance by the city with applicable laws and regulations. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of each discharger subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standards. In addition, the discharger with an existing wastewater discharge permit shall submit to the city within 90 days after the promulgation of an applicable national categorical pretreatment standard, information regarding the nature and concentrations of any pollutants or materials discharged that are prohibited or restricted by this chapter and information pertaining to additional pretreatment and/or operation and maintenance activities which will be required to comply with this chapter. The discharger must include a schedule of compliance, with a time schedule of completion of each activity. In no case shall a time frame be any longer than six months. The discharger shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Any changes or new conditions upon the discharger may require modification of the wastewater discharge permit, as well as include a reasonable time schedule for compliance. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.5072 Emergency suspension of service and industrial wastewater discharge permit or limited permit.

A. The city may, without advance notice, order the suspension of all or some portion of the wastewater treatment service and any applicable industrial wastewater discharge permit or limited discharge permit to a discharger when it appears to the city that an actual or potential discharge:

1. Presents or threatens a substantial danger to the health or welfare of persons or to the environment; or

2. Threatens or interferes with the operation of the POTW; or

3. Causes pass-through to the environment.

B. Any discharger notified of the city’s suspension order shall cease immediately all discharges. In the event of failure of the discharger to comply with the suspension order, the city may commence judicial proceedings immediately thereafter to compel the discharger’s specific compliance with such order and/or to recover civil penalties. The city shall reinstate the wastewater treatment service upon proof by the discharger of the elimination of the noncomplying discharge or of the conditions creating the threat as set forth in this section.

C. In addition to all other rights and remedies, the city shall have the authority to discontinue water service to a discharger if the city determines that such action is reasonably necessary to suspend service as authorized by subsection (A) of this section. The city shall have the right of access onto the discharger’s private property to accomplish such termination of the water service. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.620)

14.60.5074 Termination of treatment services – Permit revocation.

The city shall have the authority to terminate wastewater treatment services and to revoke the industrial wastewater discharge permit or limited permit of the discharger if it determines that the discharger has:

A. Failed to accurately report wastewater constituents and characteristics; or

B. Failed to report significant changes in wastewater constituents, characteristics, flow volumes or types of discharge to the POTW; or

C. Refused reasonable access to the discharger’s premises for purposes of inspection or monitoring; or

D. Violated conditions of the wastewater discharge permit; or

E. Violated any of the provisions of this chapter or regulations promulgated hereunder; or

F. Violated any lawful order of the city issued with respect to the discharger’s permit or this chapter; or

G. Tampered with, disrupted, damaged or rendered inaccurate any wastewater monitoring device required by this chapter. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.623)

14.60.5076 Wastewater discharge permit re-issuance.

A user required to have a wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application, in accordance with LMC 14.60.503, a minimum of 90 days prior to the expiration of the user’s existing wastewater discharge permit. A user whose existing wastewater discharge permit has expired and has submitted its reapplication in the time period specified herein shall be deemed to have an effective wastewater discharge permit until the city issues or denies the new wastewater discharge permit. A user whose existing wastewater discharge permit has expired and who failed to submit its reapplication in the time period specified herein will be deemed to be discharging without a wastewater discharge permit. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008. Formerly 14.60.624)

14.60.508 Industrial wastewater discharge permit – Reporting required.

All dischargers subject to national categorical pretreatment regulations must submit a 90-day compliance report within 90 days after the date the final national categorical pretreatment compliance must be achieved or, in the case of a new discharger, 90 days after the discharger starts to discharge to the POTW. The information provided in this report shall contain the same information as required by the baseline monitoring report as found in 40 CFR 403.12(b).

A. Identifying Information. The user shall submit the name and address of the facility including the names of the operator and owners.

B. Permits. The user shall submit a list of any environmental control permits held by or for the facility.

C. Description of Operations. The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such industrial user, including 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 should also include a schematic process diagram which indicates points of discharge to the POTW from the regulated or manufacturing processes. Site plans, floor plans, mechanical and plumbing plans showing details of all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation are required.

D. Flow Measurement.

1. Categorical User. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

a. Regulated or manufacturing process streams; and

b. Other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e).

2. Noncategorical User. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

a. Total process flow, wastewater treatment plant flow, total plant flow or individual manufacturing process flow as required by the director.

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

E. Measurements of Pollutants.

1. Categorical User.

a. The user shall identify the applicable pretreatment standards for each regulated or manufacturing process.

b. In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass) where required by the categorical pretreatment standard or as required by the city of regulated pollutants (including standards contained in LMC 14.60.300 through 14.60.3015, specific prohibitions) as appropriate in the discharge from each regulated or manufacturing process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in LMC 14.60.530.

c. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.

d. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) for a categorical user covered by a categorical pretreatment standard, this adjusted limit along with supporting data shall be submitted as part of the application.

2. Noncategorical User.

a. The user shall identify the applicable pretreatment standards for its wastewater discharge.

b. In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass where required by the city) of regulated pollutants contained in LMC 14.60.300 through 14.60.3015, specific prohibitions) as appropriate in the discharge. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in LMC 14.60.530.

c. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.

d. Where the director develops alternate concentration or mass limits because of dilution, the adjusted limit along with supporting data shall be submitted as part of the application.

F. Certification. A statement, reviewed by an authorized representative of the user and certified by a qualified professional as outlined in LMC 14.60.509, indicating whether the applicable pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet the applicable pretreatment standards and requirements.

G. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the applicable pretreatment standards, the city will establish the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The schedule shall conform to the requirements of LMC 14.60.380, Compliance with applicable pretreatment requirements.

1. Where the user’s categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined waste stream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) at the time the user submits the report required by this subsection, the information required by subsections (D) and (E) of this section shall pertain to the modified limits.

2. If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined waste stream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) after the user submits the report required by subsections (D) and (E) of this section, then a new report shall be submitted by the user within 60 days after the modified limit is approved.

H. Any other information as may be deemed necessary by the director to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

For users subject to equivalent mass or concentration limits established by the city in accordance with procedures established in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period.

All permit holders are required to submit wastewater discharge monitoring reports to the pretreatment office at the frequencies and times designated in the discharge permit, but in no event less frequent than semi-annually. The report forms shall be furnished by the city. Submitted forms must contain all the results of analyses of the wastewater discharge performed by the permittee, even if the analyses are not required by the permit, and any other information required by the permit or requested on the form itself. The reports must be complete, accurate, and signed by an authorized representative of the discharger.

If any violation has occurred during the reporting period, the discharger must repeat the sampling and analyses and submit the results to the city. The resampling data must be submitted to the city within 30 days after the discharger becomes aware a violation has occurred. Resampling analyses shall not be used for satisfying regular compliance monitoring requirements. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.509 Signatory and certification requirement.

All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

(Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.510 Limited discharge permits – Required when.

The director may issue limited discharge permits to cover categories of dischargers which shall include dewatering of construction sites, contaminated groundwater mitigation and businesses that collectively may cause pass-through or interference with the POTW treatment plant. These categories include, but are not limited to, gas stations, auto/boat service stations, radiator shops, photo finishing, restaurants, fleet services, x-ray labs, car wash, printing and publishing, welding and repair, schools, pest control, wrecking yards, auto body and paint shops. Limited permits may be issued to categories of industries that meet the following requirements:

A. Involve the same or substantially similar types of operations;

B. Discharge the same types of wastes;

C. Require the same effluent limitations or operating conditions; may require similar monitoring; and

D. In the opinion of the director, are more appropriately controlled under a limited discharge permit than under an industrial wastewater discharge permit.

Industries that have been identified as needing limited discharge permits are required to make application to the department of public works for such permits. The limited discharge permit shall be processed by the department of public works as required by LMC 2.44.040, unless federal rules and regulation require otherwise. The cost of such permit shall be as shown in Chapter 3.104 LMC. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 2656 §§ 1, 2, 2006; Ord. 2076 § 18, 1996; Ord. 1705, 1989)

14.60.512 Limited discharge permits – Criteria.

Limited discharge permits shall specify no less than all of the following as determined applicable by the city:

A. Fees and charges to be paid upon initial permit issuance;

B. Requirements for immediate reporting of noncompliance by the discharger;

C. Requirement for submittal of an accidental spill prevention plan;

D. Requirements for a best management practices plan;

E. Limits on the average and maximum discharge wastewater constituents and characteristics;

F. Limits on the average and maximum flow rate and/or requirements for flow control and equalization;

G. Compliance schedules for implementing permit conditions. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.5125 Limited discharge limitations and monitoring requirements.

A. Discharge Limitations.

Constituents

Maximum Limits

Flow per day

5,000 gallons

BTEX (benzene, toluene, ethylbenzene, xylene)

2 mg/L

TPH gas and diesel (Total petroleum hydrocarbons)

15 mg/L

pH

5.0 – 11.0

Lead

1.5 mg/L

Zinc

1.5 mg/L

LEL (lower explosive level)

10%

Closed cup flashpoint*

>140/F

Settleable solids

7 ml/L

* Test method specified in 40 CFR 261.21

B. Monitoring Requirements.

Parameters

Frequency

Sample Type/Method

Flow

Daily

Metered or as measured on Baker Tank

BTEX

Every 3 months

Grab/EPA Method 602

TPH

Every 3 months

Grab

pH

Every 3 months

Grab

Lead

Every 3 months

Grab

Zinc

Every 3 months

Grab

LEL

Daily

Meter

Closed cup flashpoint

Every 3 months

Grab

Settleable solids

Prior to each discharge

Grab/Imhoff Cone

C. Operating Procedures Common Sense Criteria.

1. There shall be no pronounced odor of solvent or gasoline.

2. There shall be no pronounced oil sheen or unusual color.

3. There shall be no pronounced hydrogen sulfide (rotten egg) odor.

D. Sampling Site. All samples shall be taken at the effluent of the treatment system before the wastewater enters the city sewer collection system.

E. Reporting Requirements. All monitoring reports shall be submitted to the city of Lynnwood at least 48 hours prior to discharge. The report shall include volumes of discharge as well as the analytical results.

If any discharge limits or operating procedures are exceeded, the city pretreatment coordinator shall be notified immediately. The recovery system shall cease discharging if the BTEX concentration, TPH concentration, LEL of 10 percent or the closed cup flashpoint of less than 140/F is exceeded.

A drawing showing the dewatering site, holding tank and discharge location shall be submitted prior to discharge.

At all times the contaminated water shall be prevented from entering any natural waters or drain system. (Ord. 3220 § 2, 2016)

14.60.513 Limited discharge permits – Special conditions.

Special conditions as the city may reasonably determine under particular circumstances may be required of a given discharger, including but not limited to sampling frequency, number, and type; proof of maintenance on oil/water interceptors or grease interceptors; documentation of maintenance schedules and/or proof of recycled products such as used oil, antifreeze, or substances containing designated dangerous wastes; inspection and sampling facilities; statement of no discharge to the city POTW other than domestic usage only and/or no discharge of contaminated wastewaters to natural outlets. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.514 Limited discharge permits – Issuance, revocation, transfer.

Sections of this chapter that pertain to modification, issuance, revocation, termination, application and monitoring for industrial wastewater discharge permits shall also apply to limited permits. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.515 Limited discharge permits – Upgrade to industrial wastewater discharge permit – When.

The director may require any discharger authorized by a limited discharge permit to apply for and obtain an industrial wastewater discharge permit. Cases where an industrial wastewater discharge permit may be required include, but are not limited to, the following:

A. The discharger is not in compliance with conditions of the limited discharge permit;

B. A change occurs in the technology or practices for control or abatement of pollutants for this discharger;

C. Effluent limitation guidelines are promulgated for the discharger under the categorical pretreatment regulations, 40 CFR 403;

D. Information obtained from POTW testing indicates that cumulative effects on the POTW from dischargers covered under the limited discharge permit are unacceptable.

In cases where the director requires any discharger to apply for an industrial wastewater discharge permit, the discharger must be notified in writing that an industrial wastewater discharge permit is being required, an application form and a time limit for submitting the application. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.516 Public notice for industrial wastewater discharge permits.

Public notice shall be given in accordance with WAC 173-216-090. The city may initiate the public notice rather than requiring it of the discharger. The discharger shall pay the costs of the notification. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.520 Public hearing.

Public hearings may be requested in accordance with WAC 173-216-100. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.525 Monitoring facilities.

Whenever required by the director, a discharger shall provide, maintain and operate, at the discharger’s own expense, a monitoring facility to allow inspection, sampling, and flow measurement of all discharges into the sewer system, as required by the city to assure compliance with this chapter. Each monitoring facility shall be situated on the discharger’s premises, except that if such a location would be impractical or cause undue hardship on the discharger, the city may allow such facility to be constructed in an accessible public street or sidewalk area, located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis by the discharger and the city. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger.

All monitoring facilities shall be constructed and maintained in accordance with all applicable construction standards and specifications. Construction of monitoring facilities for existing dischargers shall be completed within 180 days of receipt of notice to do so by the director. Construction of monitoring facilities shall be completed by a new discharger prior to discharging wastewater into the POTW. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.530 Sampling and analysis requirements.

Sample types, measurements, analyses and sample frequency required for each discharger shall be determined by the director and included in the discharge permit. All measurements, tests and analyses of characteristics of water and wastes to which reference is made in this chapter, or in a discharge permit issued under this chapter, shall be in accordance with procedures established by the EPA pursuant to Section 304(H) of the Federal Clean Water Act as contained in 40 CFR 136, as now existing or hereafter amended. All sampling, measurements and analyses done for satisfaction of the requirements of the permit shall be the responsibility of the discharger or his designee. All analyses performed to establish compliance and used in compliance reporting shall be performed by a laboratory accredited by the Washington State Department of Ecology, Quality Assurance Division in accordance with Chapter 173-50 WAC. Laboratories must be accredited for the analyses which they are performing. All samples taken of permitted discharges must be reported to the city whether or not they are required by a permit. Detection limits for required tests must be equal to or less than permit limitations. The wastewater discharge amount shall be measured using either a flow measurement device, or, at the discretion of the director, the metered water supply to the discharger’s facility. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1831 § 16, 1991; Ord. 1705, 1989)

14.60.533 Resampling required when violation occurs.

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

A. Sampling frequency is at least once per month; or

B. The city samples between the time the industrial user collected the initial sample and the time the user receives the results of this sampling. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.535 Compliance monitoring.

The city may conduct compliance monitoring at such times and frequencies as are deemed necessary to carry out the purposes and intentions of this title. Compliance monitoring for categorical industries shall be performed at least once per year. The city reserves the right to verify methods of sampling, flow measurements and analyses, and to inspect records pertaining to all requirements of the discharger’s permit. The city also reserves the right to collect and analyze samples of compliance status.

Each user shall provide and operate at its own expense a monitoring facility to allow inspection, sampling, and flow measurements of each sewer discharge to the city. Each monitoring facility shall be situated on the user’s premises. In those situations 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 director, whenever applicable, may require the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line or wastewater treatment system).

There shall be ample room in or near such sampling facility to allow accurate sampling, flow measurement and preparation of samples for analysis. The facility, sampling, and measuring 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.

The director may require the user to install monitoring equipment as necessary. All devices used to measure wastewater flow and quality shall be maintained and calibrated in accordance with manufacturers’ recommendations to ensure their accuracy.

At such time that the city collects a sample, a representative split of the sample shall be offered to the discharger for analysis. All costs incurred in the performance of measurements, tests and analyses done by the city as verification of the discharge compliance shall be charged to the discharger in accordance with Chapter 14.40 LMC. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1831 § 18, 1991; Ord. 1705, 1989)

14.60.5355 Noncompliance reporting.

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

A. The city performs sampling at the user at a frequency of at least once per month; or

B. The city performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.536 Compliance schedules for meeting applicable pretreatment standards.

A. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

B. No increment referred to in subsection (A) of this section shall exceed nine months.

C. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the city including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.537 Notification of significant production changes.

Any user operating under an industrial wastewater discharge permit incorporating mass or concentration limits based on production levels 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 providing a notice of such anticipated change will be required to comply with the existing limits contained in its industrial wastewater discharge permit. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.538 Sampling and analysis frequencies.

All significant industrial users must sample their effluent at least once every six months. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1831 § 19, 1991)

14.60.540 Inspection of facilities.

The city of Lynnwood may inspect the wastewater facilities and equipment of any POTW user at any time during normal business hours to ascertain whether the applicable city ordinances, rules and regulations, industrial wastewater discharge permit requirements and applicable national categorical pretreatment standards are being met. Persons or occupants of premises where industrial wastewater is produced or discharged shall allow any authorized representative of the director ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, record examination or in the performance of his official duties as a POTW employee. The city of Lynnwood shall have the authority to set up, on the user’s property, such devices as are necessary to conduct sampling, inspection, compliance monitoring or flow metering operations. Where a discharger has security measures in force which would require proper identification and clearance before entry onto their premises, the discharger shall make all necessary arrangements with their security personnel so that upon suitable and proper identification, authorized wastewater management personnel, including but not limited to employees of the city, the Washington State Department of Ecology, and the U.S. Environmental Protection Agency, will be permitted to enter the premises without delay for the purpose of performing their specific responsibilities and duties. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.545 Right to enter.

In the event that the director or his designee is refused admission to the discharger’s premises, the director may cause water service to the premises in question to be discontinued until the POTW agents have been afforded reasonable access to the premises to accomplish any required inspection, sampling or flow monitoring. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.550 Accidental spill prevention plan.

All industrial dischargers, and those minor dischargers specified by the city in their industrial wastewater discharge permits or limited discharge permits, shall prepare accidental spill prevention plans (ASPP) showing facilities and operating procedures necessary to provide the protection required by LMC 14.60.350. These plans shall be submitted to the city’s department of public works for review and approval. The plan shall include but not be limited to:

A. An ongoing inventory of the types and quantities of pollutants used or stored by the industrial user;

B. A diagram of the process and storage location(s) at the facility;

C. A diagram of the location(s) of floor drains to sanitary or storm sewers;

D. A description of the measures used to prevent discharge to sanitary or storm sewers;

E. An outline or list of the emergency response and notification procedures to be followed in case of accidental spills;

F. An outline of the spill prevention procedures followed by the industrial user;

G. A description of spill containment, treatment, and disposal methods;

H. A description of the training procedures and training frequencies for personnel involved in handling, sorting, and disposing of toxic or hazardous pollutants.

Review and approval of such plans and operating procedures by the city shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this chapter nor relieve the discharger from fines, civil penalties, or other liabilities which may be imposed in the event of violations of this code or other applicable ordinances or laws. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.551 Slug discharge control plan.

The city may require development of a slug discharge control plan. The city will make the determination annually whether a significant industrial user needs a slug discharge control plan as per 40 CFR Part 403.8(f)(2)(vi). If a slug discharge control plan is required, the following elements shall be included:

A. Description of discharge practices, including nonroutine batch discharges;

B. Description of stored chemicals;

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

D. If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. (Ord. 3220 § 2, 2016)

14.60.553 Notification of changes in discharge.

All industrial users shall promptly notify the POTW treatment plant in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous waste for which the industrial user has submitted initial notification as required by 40 CFR 403.12(p), as now existing or hereafter amended. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1831 § 20, 1991)

14.60.554 Discharge of hazardous waste – Permit required.

The city prohibits discharge of all dangerous waste as defined in Chapter 173-303 WAC unless authorized specifically by a discharge permit issued by the city. (Ord. 3220 § 2, 2016)

14.60.5545 Hazardous waste notification.

Any user that is discharging 15 kilograms of hazardous wastes as defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) is required to provide a one-time notification in writing to the city, EPA Regional Waste Management Division Director, and the Hazardous Waste Division of the North West Regional Office of the Washington State Department of Ecology. Any existing user exempt from this notification shall comply with the requirements contained herein within 30 days of becoming aware of a discharge of 15 kilograms of hazardous wastes in a calendar month or the discharge of acutely hazardous wastes to the city sewer system.

Such notification shall include:

A. The name of the hazardous waste as set forth in 40 CFR Part 261;

B. The EPA hazardous waste number; and

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

D. If an industrial user discharges more than 100 kilograms of such waste per calendar per month to the sewer system, the notification shall also contain the following information to the extent it is known or readily available to the industrial user:

1. An identification of the hazardous constituents contained in the wastes;

2. An estimation of the mass and concentration of such constituents in the waste streams discharged during that calendar month; and

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

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

Whenever the EPA publishes final rules identifying additional hazardous wastes or new characteristics of hazardous waste, a user shall notify the city of the discharge of such a substance within 90 days of the effective date of such regulations.

In the case of any notification made under this subsection, an industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. Discharging hazardous waste to the sewer system is prohibited as per LMC 14.60.300. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1831 § 21, 1991. Formerly 14.60.554)

14.60.555 Discontinuance of discharge.

In the event a permitted discharger intends to cease to discharge from a regulated process or plans to disconnect from the wastewater system, the director shall be notified no later than 30 days prior to any action by the discharger. The notification shall provide a closure management plan that includes the following information, as a minimum:

A. Date of planned disconnect;

B. Methods of disposal of regulated process tanks, chemicals, sludges, plating wastes, cleaning solutions;

C. Methods of cleaning tanks, barrels, or other vessels containing regulated pollutants; and

D. Names of carriers and ultimate disposal site(s) of the regulated pollutants and the EPA permit numbers for transportation of the wastes, if a permit is required by the EPA.

The discharger shall be responsible for all discharges to the wastewater system and shall not be disconnected until the director has determined the discharger has disposed of the regulated wastes in a proper and safe manner and has requested termination of the discharge permit in writing. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.556 TTO reporting.

Categorical users which are required by the EPA to eliminate and/or reduce the levels of total toxic organics (TTOs) discharged into the sewer system must follow the categorical pretreatment standards for that industry. Those users must also meet the following requirements:

A. Must sample, as part of the initial application requirements, for the organics listed under the TTO limit reasonably expected to be present; and

B. May submit a statement that no TTOs are used at the facility and/or develop a solvent management plan in lieu of continuously monitoring for TTO, if authorized by the director.

If allowed to submit a statement or develop a solvent management plan, the user must routinely submit a certification statement as part of its self-monitoring report that there has been no dumping of concentrated toxic organics into the wastewater and that it is implementing a solvent management plan as approved by the city. The director may require the development and implementation of a solvent management plan in addition to monitoring for TTO. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.557 Reports from unpermitted users.

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the city as the director may require. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.558 Timing.

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008)

14.60.560 Confidential information.

The city may respond to public requests for information gathered pursuant to this chapter in accordance with Chapter 42.56 RCW. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.565 Preemption of limitations, standards or requirements.

Limitations, standards or requirements that differ from or are more stringent than those in this chapter may be imposed on a discharger under the following conditions:

A. The federal government promulgates federal categorical pretreatment standards for an industrial category that are more stringent than the standards prescribed in this chapter. Such federal standards shall immediately supersede the standards prescribed by this chapter. The director shall notify all affected users of applicable reporting requirements.

B. State requirements and limitations on discharges are more stringent than federal requirements and limitations or those in this article.

C. The director establishes limitations or requirements which are more stringent than federal and state requirements or the limitations in this chapter in order to comply with the purposes and objectives of this chapter.

D. Federal or state regulations pertaining to dangerous or hazardous wastes require a substance(s) to be discharged by some other means because they are listed dangerous or hazardous substances. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.570 Publication of violators.

Pursuant to the requirements of 40 CFR 403.8, the city shall annually publish in an official daily local newspaper of general circulation, a list of those dischargers which during the previous 12 months were determined to be responsible for significant violations of the limitations established by this chapter and applicable pretreatment standards or other requirements pursuant to this chapter. This notification shall summarize enforcement action by the city during the same 12 months. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.575 Records retention – Required.

All dischargers subject to this chapter shall retain and preserve for no less than three years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, cleaning, maintenance, sampling and chemical analysis made by or in behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation involving the discharger must be retained until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. These records shall be available for inspection and copying by the director or representative at any time. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.580 Pretreatment charges and fees.

The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city’s pretreatment program which may include:

A. Fees for wastewater discharge permit applications including the cost of processing such applications;

B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user’s discharge, and reviewing monitoring reports submitted by users;

C. Fees for reviewing and responding to accidental discharge procedures and construction;

D. Fees for filing appeals; and

E. Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this title and are separate from all other fees, fines, and penalties chargeable by the city. (Ord. 3220 § 2, 2016)

Article III. Enforcement

14.60.605 Violations – Remedies.

Whenever the director or his designee finds that any person has violated or is violating any of the provisions of this chapter, he may take one or more of the following actions:

A. Emergency suspension of service and permit;

B. Termination of treatment services and permit revocation;

C. Notice of violation and administrative order;

D. Assess civil penalties;

E. Seek criminal penalties; or

F. Seek any other legal or equitable remedy. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.610 Violations.

The enforcement provisions specified in this title apply to all classes of users to the extent such user violates any provision of this title or administrative order of the director pursuant to this title. In order to achieve the maximum degree of compliance desired, the city may use a variety of enforcement mechanisms as provided in the enforcement response plan (ERP). The enforcement mechanisms may range from informal administrative action, to a request for criminal prosecution. The city may, at its discretion, implement the use of any mechanism or the concurrent use of several mechanisms in order to enforce the provisions of this title. The enforcement mechanisms provided herein may be cumulative in respect to such other enforcement mechanisms or civil and criminal penalties as may be otherwise available under the laws of the state of Washington and the United States of America.

Nothing in this title is intended to prevent the state and/or federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of this title which also constitutes a violation of federal or state statutes and regulations. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.621 Enforcement response plan.

An enforcement response plan shall be approved by the director to meet the requirements of 40 CFR Part 403 of the Clean Water Act and state of Washington waste discharge requirements. The enforcement response plan, attached hereto, with subsequent revisions as periodically approved by the director, shall outline various administrative actions the director may take for any violation of this title, including civil penalties, criminal penalties and civil liability suits.

When the director finds that a user has violated or continues to violate any provisions of this title, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the director may serve upon that user a notice of violation (NOV). Within 10 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 3220 § 2, 2016)

14.60.623 Administrative fines – Civil penalties.

A. When the director finds that a user has violated, or continues to violate, any provision of this title, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director may fine such user in an amount determined pursuant to the enforcement response plan. In addition, the city may issue administrative complaints, conduct administrative hearings, and/or impose civil penalties in accordance with the procedures set forth in this chapter for violation of the city’s requirements set forth in this title. The amount of any civil penalties imposed under this section which have remained delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty.

B. Unpaid charges, fines, and penalties may, after 30 calendar days, be assessed an additional penalty of the unpaid balance, which shall also become a lien against the user’s real property from which the discharge originated.

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

D. The maximum credible penalty shall be $10,000 per violation per day, for penalties applicable to general violations of the pretreatment ordinance.

E. Users desiring to dispute the imposition of a fine must file a written request for the director to reconsider the fine along with full payment of the fine amount within 10 days of being notified of the fine. The director may add the costs of preparing administrative enforcement actions, such as notices and orders to assess the fine. In the event the director grants the user’s request for reconsideration or in the event the user prevails in an appeal, the payment, together with any interest accruing thereto, shall be returned to the user. (Ord. 3220 § 2, 2016)

14.60.624 Civil liability for expenses and fines.

Any discharger violating provisions of this chapter shall be liable for any expense, loss or damage caused to the POTW by reason of such violation, including increased costs for sewage treatment, sludge treatment and disposal and POTW operation and maintenance expenses when such increased costs are the result of the discharger’s discharge. If the discharger discharges pollutants that cause the city to violate any condition of its NPDES permit and to be fined by the United States Environmental Protection Agency or the state for such violation, the discharger shall be liable to the city for the total amount of the fine assessed against the city, including, without limitation, all legal, sampling, analytical and other associated costs and expenses. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.640)

14.60.626 Administrative appeal.

A. Any party of record may appeal the following decisions of the director to the hearing examiner by filing a written request for appeal with the public works department within 14 calendar days of the date of issuance of the decision:

1. To suspend the discharger’s wastewater services and/or to suspend the discharger’s wastewater discharge permit;

2. To terminate the discharger’s wastewater services and to revoke the discharger’s wastewater discharge permit;

3. To impose fines against the discharger pursuant to LMC 14.60.623;

4. To impose other civil penalties against the discharger; or

5. That the discharger has violated a compliance schedule order.

B. The administrative appeal authorized by this section shall be processed pursuant to Process II, as identified in LMC 1.35.200 et seq., and conducted in accordance with the rules established in Chapter 2.22 LMC. (Ord. 3220 § 2, 2016)

14.60.628 Judicial review.

Any decision of the hearing examiner rendered pursuant to LMC 14.60.626 may be appealed to the superior court. Such appeal shall be filed no later than 21 days after the date the decision of the hearing examiner is issued. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.660)

14.60.631 Pass-through or interference.

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in LMC 14.60.300, General prohibitions, and LMC 14.60.3015, Specific prohibitions, if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either: (A) a local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass-through or interference; or (B) no local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.619)

14.60.632 Upset provisions.

Each discharger shall be subject to the following provisions in the event of an upset condition. An upset can be used as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards or noncompliance with this chapter, provided the discharger demonstrates through properly signed, contemporaneous operating logs or other relevant evidence that:

A. The upset occurred and the specific cause can be identified.

B. At the time of the upset, the facility was being operated in a prudent and workmanlike manner according to all appropriate operation and maintenance procedures.

C. The discharger has submitted the following information to the city within 24 hours of discovering the upset:

1. A description of the discharge and the cause of noncompliance;

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

3. The steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

If this information is provided orally, a written submission must be sent within five days.

The discharger has the burden of proof to establish the occurrence of an upset in any enforcement proceeding.

The discharger has the responsibility to control production or cease discharges as necessary to maintain compliance with pretreatment standards upon reduction, loss, or failure of the facility until the facility is restored or an alternative method of treatment is provided. This requirement also applies where the primary source of power of the facility is reduced, lost or fails. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.320)

14.60.633 Bypass.

A. For the purposes of this section:

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

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

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

C. 1. If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW treatment plant, at least 10 days before the date of the bypass, if possible.

2. A user shall submit oral notice to the city of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The POTW treatment plant may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

D. 1. Bypass is prohibited, and the city of Lynnwood may take an enforcement action against a user for a bypass, unless:

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

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

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

2. The POTW treatment plant may approve an anticipated bypass, after considering its adverse effects, if the POTW treatment plant determines that it will meet the three conditions listed in subsection (D)(1) of this section. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008. Formerly 14.60.325)

14.60.641 Significant noncompliance.

Any violation of pretreatment standards or requirements (limits, sampling, analysis, reporting, as well as meeting compliance schedules and regulatory deadlines) is an instance of noncompliance for which the industrial user is liable for enforcement including penalties. However, the city is required to identify violations or patterns of violations by industrial users that are deemed to be instances of significant noncompliance. To the extent that a violation or pattern of violations is determined to be significant noncompliance, the city shall give additional priority to enforcement actions with regard to that industrial user. Additionally, the determination of significant noncompliance shall be used as the basis for reporting same to the regulatory authorities and publishing of the list of those in significant noncompliance as is required of the city by law. (Ord. 3220 § 2, 2016)

14.60.645 Criminal penalties.

A user who introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a gross misdemeanor and be subject to a penalty of not more than $5,000 and/or one year in jail. Each day a violation occurs shall constitute a separate offense. This penalty shall be in addition to any other cause of action for personal injury or property damage as provided for in the enforcement response plan and available under state law.

A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to LMC 14.60.200 through 14.60.900 or order issued thereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under LMC 14.60.200 through 14.60.900 shall, upon conviction, be guilty of a gross misdemeanor, and punished by a fine of not more than $5,000 and/or one year in jail. Each day a violation occurs shall constitute a separate offense.

In addition, the user may be subject to all other applicable laws and regulations, including but not limited to:

A. The provisions of the city’s enforcement response plan;

B. The provisions of 18 USC Section 1001 relating to fraud and false statements;

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

D. The provisions of Section 309(c)(6) of the Clean Water Act, regarding responsible corporate officers. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.665 Right to written interpretation of chapter.

Any discharger or any interested party shall have the right to request an interpretation or ruling by the city on any matter covered by this chapter. The request must be in writing and must be addressed to the city’s director. The city shall provide a written response within 10 working days. A request pursuant to this section shall not stay or otherwise affect enforcement proceedings. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989)

14.60.700 Remedies nonexclusive.

The provisions in LMC 14.60.605 through 14.60.645 are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions concurrently or sequentially against a noncompliant user or to take other actions as warranted by the circumstances. (Ord. 3220 § 2, 2016)

14.60.900 Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 3220 § 2, 2016; Ord. 2742 § 3, 2008; Ord. 1705, 1989)