Chapter 14.16
WASTEWATER PRETREATMENT

Sections:

14.16.010    Definitions.

14.16.030    Requirements for permits.

14.16.040    Regular sampling procedure.

14.16.050    Methods of determining volume and concentrations.

14.16.060    Power of superintendent and employees.

14.16.070    Pretreatment requirements.

14.16.080    Grease, oil and sand interceptors.

14.16.090    Plans and specifications for pretreatment facilities and interceptors.

14.16.100    Prohibited discharges.

14.16.110    Penalty.

14.16.010 Definitions.

As used in this chapter, the following words and phrases will have the following meanings unless the context clearly indicates a different meaning:

(1) “BOD” means the biochemical oxygen demand, expressed in milligrams per liter, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20 degrees Centigrade. The laboratory tests shall be made in accordance with “standard methods” as defined in this section.

(2) “City” means the city of Oak Harbor.

(3) “Commercial waste” means waste from a commercial use as defined in the Oak Harbor zoning code and not specifically hereafter defined as “industrial waste.”

(4) “Domestic sewage” means water and water carried wastes normally discharged into the sanitary sewers from dwellings, including single-family homes, multiple-family homes and hotels, from office buildings, factories and institutions, but not including stormwater drainage or surface water drainage and not including industrial wastes as defined in this section.

(5) “Garbage” means solid wastes and residue from preparation, cooking and dispensing of food and from the handling, storage, processing and sale of food products and produce.

(6) “Industrial user” means any nongovernmental user of the city sewage system, including agriculture, forestry, fishing, mining, manufacturing, transportation, communication, electric, gas and sanitary services and any other industrial services discharging industrial wastes into the city sanitary sewer system, or discharging into the city sanitary sewer system, any wastes other than domestic sewage as defined in this section.

(7) “Industrial wastes” means all water, water-carried solids, liquid and gas wastes resulting from any industrial, manufacturing or food processing operation or process or from the development of any natural resource, or any mixture of these fluids and domestic sewage, or any mixture of these fluids with any other water or with any other liquid.

(8) “Milligrams per liter” shall be abbreviated “mg/l” and means a weight to volume ratio. The figure appearing before the symbol “mg/l” shall be the number of milligrams to be found in one liter of the substance being tested. This figure can be transposed to pounds per million gallons of water by multiplying the figure appearing before the symbol “mg/l” by 8.34.

(9) “Normal domestic sewage” means sewage in which the average concentration of suspended materials does not exceed 250 mg/l and in which the five day BOD does not exceed 250 mg/l.

(10) “Owner” means the owner, tenant, occupant or person in charge of any building or premises, or any person acting in the owner’s behalf.

(11) “Person” means any person, firm, corporation or association.

(12) “pH” means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter. pH shall be determined by standard methods as defined in this section.

(13) “Premises” means any building or lot under individual ownership or individual use where water service is metered independently.

(14) “Properly shredded garbage” means wastes from preparation and cooking and disposing of food, exclusive of eggshells and bones, which waste has been shredded so that the particles are no greater than one-half inch in any dimension, and the particles can be carried freely through the normal conditions in public sanitary sewers.

(15) “Public sanitary sewer” means any sanitary sewer constructed by the city or dedicated to the city, regardless of the source of funding, and any sanitary sewer belonging to any public trust or municipal corporation or body politic of any kind.

(16) “Sanitary sewer” means a sewer that conveys sewage and wastewater, in which groundwater and unpolluted industrial wastes are not included.

(17) “Sewer system” means all of the mains, pumping facilities, treating and disposing facilities included in the wastewater treatment facilities of the city.

(18) “Slug” means any discharge continuing longer than 15 minutes in which either the concentration of any material or the amount of flow is more than five times the 24-hour average from the same source.

(19) “Standard methods” means methods approved by the engineering profession of examination of waste and wastewater. Evidence of standard methods may be submitted by showing standard methods approved by the American Waterworks Association, the American Public Health Association and the Water Pollution Control Federation.

(20) “Stormwater runoff” means the amount of rainfall that flows directly or indirectly into the storm sewer system of the city.

(21) “Superintendent” means the city supervisor or designee.

(22) “Suspended solids” means solids that either float in sewage or are in suspension in sewage, which are removable by a laboratory filtration device.

(23) “Wastewater” means sewage.

(24) “Wastewater plant” means any facility owned by the city used for receiving and treating sewage. (Ord. 665 § 1, 1984).

14.16.030 Requirements for permits.

Permits shall be issued after application to the superintendent, when the applicant meets the following conditions:

(1) New Establishments. Permits for new establishments constructed or connected after the effective date of the ordinance codified in this chapter will be issued only after the following conditions have been met:

(a) A formal written application is filed on a form provided by the superintendent;

(b) Where necessary to comply with the terms of this chapter, holding facilities, pretreatment facilities, flow-regulating devices, cooling or heating devices or inspection chambers have been installed, and inspected and approved by the superintendent;

(c) The estimated amounts of wastewater and concentrations of industrial wastes have been determined by the superintendent and agreed to by the applicant. When any user discharges 1,000 gallons or more daily, there will be actual samples taken after operations start to determine the actual concentrations;

(d) The applicant must sign an agreement to pay any surcharges required by the terms of this chapter, and agreeing to operate and maintain at the applicant’s costs any pretreatment facilities, holding and flow regulating facilities required to comply with the terms of this chapter.

(2) Existing Establishments. Permits for connections existing on the effective date of the ordinance codified in this chapter will be issued when the following conditions have been met:

(a) A formal application must be submitted on a form furnished by the superintendent, and filed within 120 days after the effective date of the ordinance codified in this chapter;

(b) Where necessary to comply with the terms of this chapter, pretreatment facilities, flow-regulating devices, cooling or heating devices or inspection chambers have been installed and inspected and approved by the superintendent;

(c) The estimated amounts and concentrations of industrial wastes have been determined by the superintendent and agreed to by the applicant. When any user discharges 1,000 gallons or more daily, there will be actual samples taken after operations start to determine the actual concentrations;

(d) The applicant must sign an agreement to pay any surcharges required by the terms of this chapter, and agreeing to operate and maintain at the applicant’s cost any pretreatment facilities required to comply with the terms of this chapter. The agreement will specify that all pretreatment facilities will be in place within 120 days after the effective date of the ordinance.

(3) Procedure for Renewal of Permits. Each application for a renewal of an annual permit under this chapter shall be accompanied by a laboratory report issued either by an independent testing laboratory or by the discharger’s laboratory, if the discharger’s laboratory is approved by the superintendent, either indicating that there have been no changes in flow rates, BOD and suspended solid concentrations, or if there have been any changes, furnishing detailed information as to the changes and the current status. (Ord. 665 § 3, 1984).

14.16.040 Regular sampling procedure.

Industrial users at anytime during the year shall report all such changes in flow rate, BOD or suspended solids or any other characteristics of industrial waste to the city within 24 hours of the change. It is the user’s responsibility to make such tests from time to time as are necessary to comply with the terms of this section. A reasonable schedule of testing may be required by the superintendent. (Ord. 665 § 4, 1984).

14.16.050 Methods of determining volume and concentrations.

The volume of wastes may be determined in the manner used to calculate the sewer service charge. For users discharging less than 20,000 gallons per day, the BOD determination and suspended solid concentrations may be determined by the superintendent in accordance with standards applicable to the various industries involved. Any user who is not satisfied with the results obtained by the superintendent under that method may install at his expense a control chamber or inspection chamber, subject to inspection and approval by the superintendent, to make determinations by means of actual samples. Any user discharging more than 20,000 gallons per day shall, within one year of the effective date of the ordinance codified in this chapter, provide and maintain an accessible inspection chamber near the outlet of the building sewer. Each such inspection chamber shall be of such design and construction as to prevent infiltration by ground and surface waters or introduction of any liquids or solids. The inspection chamber shall contain the necessary access for obtaining samples and necessary flow measuring devices required to measure compliance with this chapter. (Ord. 665 § 5, 1984).

14.16.060 Power of superintendent and employees.

All of the powers granted under this chapter to the superintendent may be exercised by any employee duly authorized by the superintendent to exercise those powers, provided that any hearing provided for herein shall be held by the superintendent and not by an employee of the superintendent. The superintendent and his employees shall carry credentials at all times that they are in the field enforcing the terms of this chapter. The methods of enforcement shall be as follows:

(1) Powers. The superintendent shall be permitted access to any part of any property where access is necessary for the purpose of inspecting, observing, measuring, sampling or testing to determine compliance with the provision of this chapter. If any person should refuse to permit access to the superintendent, the superintendent may, with the assistance of the city attorney, obtain the necessary court orders to obtain access. If the superintendent finds any violation of this chapter at the premises of any user, the superintendent shall notify the owner or occupant or user in writing stating the nature of the violation and providing a reasonable time for corrections to be made. In the absence of unusual circumstances, 15 days shall be considered a reasonable time. The person receiving the notice shall report to the superintendent within 15 days, in writing, stating what action has been taken and is being taken to correct the conditions constituting the violation. If the user, occupant or owner of the premises does not correct the violation within the time limit, or within any extension of time granted by the superintendent, the superintendent shall do one or all of the following:

(a) Disconnect water service and sewer service to the premises;

(b) Bring appropriate court action to enforce compliance;

(c) Start court action for the levy of a fine for violation of this chapter.

(2) Request for Hearing. Any person aggrieved by any notice by the superintendent under this chapter may obtain a hearing upon a written request being filed with the superintendent. The written request must be filed within the time for correcting the violation, or within any extension of time granted by the superintendent. Any such written request will postpone the date that the work is required to be completed until after the hearing; provided, however, that the superintendent will set the date for hearing on the request for hearing as early as possible. At the hearing, the petitioner may present any facts or arguments he desires to present, may be represented by counsel and may present such expert testimony or technical evidence as is necessary to establish the contentions of the owner or occupant. After the hearing, the superintendent may continue the original order in effect, modify the order or withdraw the order, depending on the facts shown at the hearing.

(3) Appeals to City Council. Any person aggrieved by any decision of the superintendent under the provisions of this section may appeal to the city council. The appeal shall be by a notice in writing stating the nature of the decision of the superintendent, and stating briefly the reasons for the appeal, that is, the reason why the owner or user believes that the decision of the superintendent should be overturned or modified. The appeal must be filed within 15 days after the user is notified by the superintendent of his decision. The appeal will delay the effective date of the superintendent’s order until after the hearing. (Ord. 665 § 6, 1984).

14.16.070 Pretreatment requirements.

For any industrial wastes which, without pretreatment, will be harmful to the structure, process or operation of the sewage treatment works, or detrimental to the quality of the effluent, the user shall provide preliminary treatment or processing facilities, at the user’s expense, to render the wastes acceptable for admission to the public sanitary sewers, by providing facilities at the user’s expense, subject to inspection by the superintendent. Industrial wastes which have excessive BOD or excessive suspended solids in excess of normal domestic sewage shall be pretreated to meet the requirements of normal domestic sewage; provided, that such wastes may be accepted without pretreatment if the user can show that the waste will not cause damage to the sanitary sewer collection system, the waste will not impair the operation of the wastewater treatment process, the waste will not damage any of the wastewater facilities, and the precise limits to be accepted are covered by an agreement in writing between the city and the user. (Ord. 1166 § 12, 1999; Ord. 665 § 7, 1984).

14.16.080 Grease, oil and sand interceptors.

Grease, oil and sand traps or interceptors shall be provided for any liquid wastes containing grease or flammable wastes, sand and other harmful ingredients. Such interceptors shall not be required for private living quarters or dwellings. All such interceptors shall be subject to inspection by the superintendent, and shall be located so as to be readily accessible for easy cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gastight and watertight. Where installed, all grease, oil and sand interceptors shall be maintained by the user, at his expense, in continuously efficient operation at all times. Materials removed from these facilities shall be either recycled by the user or disposed of in accordance with all applicable laws and ordinances. (Ord. 665 § 8, 1984).

14.16.090 Plans and specifications for pretreatment facilities and interceptors.

No pretreatment facility shall be accepted and no interceptor shall be accepted under the terms of this chapter until written plans, specifications and information required to show compliance with the terms of this chapter have been submitted to the superintendent and approved by the superintendent. (Ord. 665 § 9, 1984).

14.16.100 Prohibited discharges.

No person shall discharge any of the following substances or conditions into any public sanitary sewer in the city, into any sewer flowing into any wastewater plant owned or operated by the city:

(1) No person shall discharge any storm water or groundwater, roof run-off, subsurface drainage or any water from downspouts, yard drains, fountains and ponds, sump pumps, septic tanks or lawn sprays into any sanitary sewer. Water from swimming pools, boiler drains, blowoff pipes or cooling water from various equipment may be discharged into the sanitary sewer by an indirect connection where such discharge is cooled if required, and flows into the sanitary sewer at a rate not to exceed the capacity of the sanitary sewer including downstream facilities; provided, the water does not contain materials or substances in suspension or solution in violation of the terms of this chapter; and provided further, that cooling water from any air conditioning unit or other cooling unit shall in no event exceed one-tenth of a gallon per minute per ton capacity of the air conditioner or cooling unit. Dilution of any waste discharged into the sanitary sewer system is prohibited whether accomplished by combining two or more water streams or accomplished by adding other liquids solely for the purpose of diluting the discharge. Dilution may be an acceptable means of complying with the pH prohibition.

(2) No person shall discharge any of the following substances into any public sanitary sewer:

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

(b) Any water or waste which contains wax, grease, oil, plastic or other substances that will solidify or become discernibly viscous at temperatures between 32 degrees Fahrenheit and 150 degrees Fahrenheit or zero degrees Centigrade and 65 degrees Centigrade;

(c) Flammable or explosive liquids, solids or gases;

(d) Solid or viscous substances in quantity capable of causing obstruction to the flow of sanitary sewers or of interfering with the operation of the wastewater treatment works. Such substances include but are not limited to acids, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, animal wastes, animal body parts, lime slurry, lime residue, paint residues, fiberglass or bulk solids;

(e) Any garbage except properly shredded garbage;

(f) Any noxious or malodorous substance which, singly or by interaction with other wastes in the sewage system, is capable of causing objectionable odors or hazards to health, life or property or which can by itself or in combination with other substances in the sewage system result in concentrations exceeding the limits established in this chapter or any substance which creates any other condition harmful to the structure or treatment processes of the wastewater treatment system.

(3) No person shall discharge any substances exceeding the following concentrations into the public sanitary sewers of the city:

(a) Free or emulsified oil and grease exceeding an average of 100 mg/l or 830 pounds per million gallons of either oil or grease or any combination of oil and grease if it appears that the amounts of oil and grease can do any of the following: deposit grease or oil on the sanitary sewer lines in such a manner as to clog or interfere with the flow of sewage, overload the grease handling equipment of the wastewater system, exceed wastewater treatment process capacity of the city, or have any harmful effect on the treatment process or the treatment equipment due to the nature and quantity of the substances;

(b) Acids or alkalis having a pH value lower than 6.0 or higher than 9.0;

(c) Salts of heavy metals in solution or suspension in concentrations toxic to biological wastewater treatment processes or in concentrations sufficient to adversely affect sludge digestion or any other biochemical, biological or other wastewater treatment process or harmful to the biology of the receiving water to which the flow of the wastewater treatment facility discharges, or exceeding any of the following limits:

Toxic Substance

mg/l

Arsenic

3

Cadmium

1

Chromium

3

Copper

3

Lead

0.10

Mercury

0.002

Nickel

3

Silver

3

Zinc

3

(d) Any other elements which will damage collection facilities or be detrimental to the treatment processes or to the receiving water to which the effluent of the wastewater treatment facility discharges. In enforcing this chapter the volume of a particular industrial user shall be considered not only by itself but also in connection with other industrial discharges within the same area of contributing to the same wastewater treatment plant. All state and federal laws and regulations relating to discharge of effluent into receiving waters shall be followed;

(e) Cyanide or cyanogen compounds capable of liberating hydrocyanic gas or acidification in excess of two mg/l as Cx;

(f) Radioactive materials defined as hazardous materials under federal laws and applicable regulations, including any substance required by the United States Department of Transportation to have Type A packaging or Type B packaging under regulations found in 49 CFR 173.426;

(g) Any wastewaters containing phenols or other taste-producing substances in such concentrations as to produce a detectable odor or taste in the stream or other watercourse receiving the effluent from the treatment facilities;

(h) Materials such as fuller’s earth which cause unusual concentrations of inert solids or other solids such as sodium chloride, calcium chloride or sodium sulphate. Materials which cause excessive discoloration of the sewage. Materials which cause unusual biochemical oxygen demand or an immediate oxygen demand. Materials with a high hydrogen sulfide content. Materials with unusual flow and concentration characteristics;

(i) Any toxic substances which are not amenable to treatment or reduction by the wastewater treatment processes of the city.

(4) Procedure for Violations. Upon any violation of any provision of this section, the public works superintendent may take any or all of the following actions:

(a) Discontinue sewer service and water service to the offending premises;

(b) Apply for appropriate court action, with the assistance of the city attorney;

(c) Require pretreatment facilities or other action to end the violation forthwith;

(d) Require the user to pay a surcharge equal to the cost to the city of dealing with the offending matter;

(e) Apply to court for the levy of a fine for violation of this chapter. (Ord. 1166 § 13, 1999; Ord. 951 § 18, 1993; Ord. 665 § 10, 1984).

14.16.110 Penalty.

(1) Criminal Penalty. Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of a gross misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed $5,000 or by imprisonment in jail not to exceed one year, or both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as provided in this section.

(2) Injunction. In addition to the foregoing criminal remedy, the violation of any of the provisions of this chapter is deemed to be a nuisance and threatening to the health and safety of the citizens of Oak Harbor. The city may utilize any civil remedy available to it under the laws of the state of Washington to enforce these provisions, including injunctive relief.

(3) Civil Damages. Any person violating any of the provisions of this chapter shall become liable to the city for any direct or indirect expense, loss or damage occasioned by the city by reason of such violation. (Ord. 1137 § 2, 1998; Ord. 951 § 19, 1993; Ord. 665 § 11, 1984).