Chapter 13.04


13.04.010    Generally.

13.04.020    Act or “the Act.”

13.04.030    Applicable pretreatment standards.

13.04.040    Applicant.

13.04.050    Authorized representative of the user.

13.04.060    Biochemical oxygen demand (BOD).

13.04.070    Building Inspector.

13.04.080    Building sewer.

13.04.090    Categorical pretreatment standard or categorical standard.

13.04.100    Categorical user.

13.04.110    City.

13.04.120    City Clerk.

13.04.130    City Manager.

13.04.140    Cooling water/noncontact cooling water.

13.04.150    Color.

13.04.160    Composite sample.

13.04.170    Director.

13.04.180    Domestic user (residential user).

13.04.190    Domestic water – Domestic water system.

13.04.200    Environmental Protection Agency (EPA).

13.04.210    Existing source.

13.04.220    Existing user.

13.04.230    Grab sample.

13.04.240    Grease trap/interceptor.

13.04.250    Health hazard.

13.04.260    Health Officer.

13.04.270    Indirect discharge or discharge.

13.04.280    Insignificant industrial user.

13.04.290    Interference.

13.04.300    Maximum allowable discharge limit.

13.04.310    Moderate industrial user.

13.04.320    New source.

13.04.330    New user.

13.04.340    Pass through.

13.04.350    Permittee.

13.04.360    Person.

13.04.370    pH.

13.04.380    Pollutant.

13.04.390    Pretreatment.

13.04.400    Pretreatment requirements.

13.04.405    Pretreatment standards or standards.

13.04.410    Private sewer.

13.04.420    Program.

13.04.430    Prohibited discharge standards or prohibited discharges.

13.04.440    Properly shredded garbage.

13.04.450    Publicly owned treatment works (POTW).

13.04.460    Sanitary sewage.

13.04.470    Septic tank waste.

13.04.480    Sewage.

13.04.490    Sewer.

13.04.500    Shall – May.

13.04.510    Significant industrial user.

13.04.520    Slug load.

13.04.530    Standard industrial classification (SIC) code.

13.04.540    Storm water.

13.04.550    Wastewater treatment plant supervisor.

13.04.560    Total suspended solids.

13.04.570    Toxic pollutant.

13.04.580    Treatment plant effluent.

13.04.590    User or industrial user.

13.04.600    User or industrial user.

13.04.610    Wastewater.

13.04.620    Wastewater discharge contract (industrial user discharge contract).

13.04.630    Wastewater treatment plant or treatment plant.

13.04.010 Generally.

For the purpose of Chapters 13.08 through 13.16 SMC, the definitions set forth in this chapter shall apply. [Ord. 1992 § 1, 1999.]

13.04.020 Act or “the Act.”

“Act” or “the Act” means the Federal Water Pollution Control Act, also know as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq. [Ord. 1992 § 1, 1999.]

13.04.030 Applicable pretreatment standards.

“Applicable pretreatment standards” means, for any specified pollutant, City prohibitive standards, City specific pretreatment standards, local limits, State of Washington pretreatment standards, or the EPA’s categorical pretreatment standards, whichever standard is appropriate or most stringent. [Ord. 1992 § 1, 1999.]

13.04.040 Applicant.

“Applicant” means the owner or authorized agent of the property to be served. The applicant shall be the responsible person for payment of bills for sanitary sewer and/or domestic water service. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 110.]

13.04.050 Authorized representative of the user.

“Authorized representative of the user” means:

A. If the user is a corporation:

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

2. The manager of one or more manufacturing, production or operation facility employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

B. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively;

C. If the user is a federal, State or local governmental facility: a director of the activities of the government facility, or his/her designee;

D. The individuals described in subsections (A) through (C) of this section may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the City. [Ord. 1992 § 1, 1999.]

13.04.060 Biochemical oxygen demand (BOD).

“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (milligrams per liter (mg/1)). [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 112.]

13.04.070 Building Inspector.

“Building Inspector” means the appointed Building Inspector of the City or his/her authorized deputy, agent, or representative. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 104.]

13.04.080 Building sewer.

“Building sewer” means the extension from the public sewer to the building drainage system. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 108.]

13.04.090 Categorical pretreatment standard or categorical standard.

“Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of users and which appear in 40 C.F.R. Chapter I, Subchapter N, Parts 405 through 471. [Ord. 1992 § 1, 1999.]

13.04.100 Categorical user.

“Categorical user” means a user covered by one of the EPA’s categorical pretreatment standards. [Ord. 1992 § 1, 1999.]

13.04.110 City.

“City” means the City of Sunnyside or the City Council of the City of Sunnyside. [Ord. 1992 § 1, 1999.]

13.04.120 City Clerk.

“City Clerk” means the appointed City Clerk of the City or his authorized deputy, agent or representative. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 103.]

13.04.130 City Manager.

“City Manager” means the duly appointed City Manager of the City or his/her authorized deputy, agent or representative. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 101.]

13.04.140 Cooling water/noncontact cooling water.

“Cooling water/noncontact cooling water” means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat. [Ord. 1992 § 1, 1999.]

13.04.150 Color.

“Color” means the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density. [Ord. 1992 § 1, 1999.]

13.04.160 Composite sample.

“Composite sample” means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. [Ord. 1992 § 1, 1999.]

13.04.170 Director.

“Director” means the Director of Public Works of the City or his/her authorized deputy, agent or representative. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 102.]

13.04.180 Domestic user (residential user).

“Domestic user (residential user)” means any person who contributes, causes or allows the contribution of wastewater into the City POTW that is of a similar volume and/or chemical make-up as that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 100 gallons per capita per day, 0.2 pounds of BOD per capita and 0.17 pounds of TSS per capita. [Ord. 1992 § 1, 1999.]

13.04.190 Domestic water – Domestic water system.

“Domestic water” or “domestic water system” means that water, and the water system in which it is carried, which is for human consumption and normal household and business or industrial uses provided from the City’s supply. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 111.]

13.04.200 Environmental Protection Agency (EPA).

“Environmental Protection Agency (EPA)” means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director or other duly authorized official of said agency. [Ord. 1992 § 1, 1999.]

13.04.210 Existing source.

For a categorical industrial user, an “existing source” is any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. [Ord. 1992 § 1, 1999.]

13.04.220 Existing user.

For noncategorical users an “existing user” is defined as any user which is discharging wastewater prior to the effective date of this program. [Ord. 1992 § 1, 1999.]

13.04.230 Grab sample.

“Grab sample” means a sample which is taken from a wastestream on a one-time basis without regard to the flow in the wastestream and without consideration of time. [Ord. 1992 § 1, 1999.]

13.04.240 Grease trap/interceptor.

“Grease trap/interceptor” means a basin, sump or other device so designated to intercept and collect either grease, sand or oil thus preventing their entry into the wastewater treatment system. [Ord. 1992 § 1, 1999.]

13.04.250 Health hazard.

“Health hazard” means any conditions, devices or practices in the water supply system and its operation which create or, in the judgment of the City or Health Officer, may create a danger to the health and well-being of the water consumer. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 114.]

13.04.260 Health Officer.

“Health Officer” means the City or County Health Officer, as defined in RCW 70.04.030, 70.04.020 and 70.06.020 or their authorized representatives. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 113.]

13.04.270 Indirect discharge or discharge.

“Indirect discharge” or “discharge” means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface-water-intercepting ditches and all constructed devices and appliances appurtenant thereto. [Ord. 1992 § 1, 1999.]

13.04.280 Insignificant industrial user.

“Insignificant industrial user” means an industrial discharger whose wastewater does not exceed 25,000 gallons per day or 60 pounds per day of BOD or TSS, does not discharge a pollutant which has a significant potential to upset the treatment plant, and does not produce a toxic effluent. [Ord. 1992 § 1, 1999.]

13.04.290 Interference.

“Interference” means a discharge which alone or in conjunction with a discharge or discharges from other sources either: (A) inhibits or disrupts the POTW, its treatment processes or operations; (B) inhibits or disrupts its biosolids processes, use or disposal; or (C) is a cause of a violation of the City’s NPDES Permit or of the prevention of sewage biosolids use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State biosolids management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act. [Ord. 1992 § 1, 1999.]

13.04.300 Maximum allowable discharge limit.

“Maximum allowable discharge limit” means the maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. [Ord. 1992 § 1, 1999.]

13.04.310 Moderate industrial user.

“Moderate industrial user” means industrial facilities which do not qualify as SIUs (or meet only the flow requirement and have been reclassified by Ecology) and discharge more than 60 pounds per day of BOD or TSS. [Ord. 1992 § 1, 1999.]

13.04.320 New source.

“New source” means:

A. Any building, structure, facility or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:

1. The building, structure, facility or installation is constructed at a site at which no other source is located; or

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

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

B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of section (A)(2) or (3) of this section but otherwise alters, replaces or adds to existing process or production equipment.

C. Construction of a new source as defined under this definition has commenced if the owner or operator has:

1. Begun, or caused to begin as part of a continuous on-site construction program:

a. Any placement, assembly, or installation of facilities or equipment; or

b. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement or assembly of equipment; or

2. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this definition. [Ord. 1992 § 1, 1999.]

13.04.330 New user.

A “new user” is not a “new source” and is defined as a user that applies to the City for a new building permit or any person who occupies an existing building and plans to discharge wastewater to the City’s collection system after the effective date of this program. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an “existing user” if no significant changes are made in the manufacturing operation. [Ord. 1992 § 1, 1999.]

13.04.340 Pass through.

“Pass through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City’s NPDES Permit (including an increase in the magnitude or duration of a violation). [Ord. 1992 § 1, 1999.]

13.04.350 Permittee.

“Permittee” means a person or user issued an industrial user discharge contract. [Ord. 1992 § 1, 1999.]

13.04.360 Person.

“Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, State, or local governmental entities. [Ord. 1992 § 1, 1999.]

13.04.370 pH.

“Ph” means a measure of the acidity or alkalinity of a substance, expressed in standard units. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 120.]

13.04.380 Pollutant.

“Pollutant” means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity or odor). [Ord. 1992 § 1, 1999.]

13.04.390 Pretreatment.

“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of) introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means (except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard). [Ord. 1992 § 1, 1999.]

13.04.400 Pretreatment requirements.

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

13.04.405 Pretreatment standards or standards.

“Pretreatment standards” or “standards” shall mean prohibited discharge standards, categorical pretreatment standards and local limits established by the POTW. [Ord. 1992 § 1, 1999.]

13.04.410 Private sewer.

“Private sewer” means the sewer line and disposal system constructed, installed or maintained where connection with the public sewer system is not required in this title. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 107.]

13.04.420 Program.

“Program” is used in reference to the contents of the City of Sunnyside Sewer Use Ordinance. [Ord. 1992 § 2, 1999.]

13.04.430 Prohibited discharge standards or prohibited discharges.

“Prohibited discharge standards” or “prohibited discharge” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in SMC 13.12.040(A) and (B). [Ord. 1992 § 1, 1999.]

13.04.440 Properly shredded garbage.

“Properly shredded garbage” means the wastes from the preparation of cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 121.]

13.04.450 Publicly owned treatment works (POTW).

“Publicly owned treatment works (POTW)” means a “treatment works,” as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. The term also means the City. [Ord. 1992 § 1, 1999.]

13.04.460 Sanitary sewage.

“Sanitary sewage” means human excrement and gray water (household showers, dishwashing operations, etc.) [Ord. 1992 § 1, 1999.]

13.04.470 Septic tank waste.

“Septic tank waste” means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks. [Ord. 1992 § 1, 1999.]

13.04.480 Sewage.

“Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, which wastes contain polluted matter subject to treatment at the sewage treatment plant, i.e., sanitary sewage. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 105.]

13.04.490 Sewer.

“Sewer” means any pipe, conduit, or other device used to collect and transport sewage from the generating source. [Ord. 1992 § 1, 1999.]

13.04.500 Shall – May.

“Shall” is mandatory; “may” is permissive. [Ord. 1992 § 1, 1999.]

13.04.510 Significant industrial user.

“Significant industrial user” means:

A. A user subject to categorical pretreatment standards; or

B. A user that:

1. Discharges an average of 25,000 gallons per day (gpd) or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or

2. Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

3. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

C. Upon a finding that a user meeting the criteria in subsection (B) of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any applicable pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 C.F.R. 403.8(f)(6), determine that such user should not be considered a significant industrial user. [Ord. 1992 § 1, 1999.]

13.04.520 Slug load.

“Slug load” means any discharge at a flow rate or concentration which could cause a violation of the discharge standards in SMC 13.12.040 through 13.12.070 or any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge. [Ord. 1992 § 1, 1999.]

13.04.530 Standard industrial classification (SIC) code.

“Standard industrial classification (SIC) code” means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget. [Ord. 1992 § 1, 1999.]

13.04.540 Storm water.

“Storm water” means any flow that occurs during or follows any form of natural precipitation and results from such precipitation, including snowmelt. [Ord. 1992 § 1, 1999.]

13.04.550 Wastewater Treatment Plant Supervisor.

“Wastewater Treatment Plant Supervisor” means the person designated by the City to manage the operation of the POTW and who is charged with certain duties and responsibilities by this program, or a duly authorized representative. [Ord. 1992 § 1, 1999.]

13.04.560 Total suspended solids.

“Total suspended solids” means the total suspended matter that is removable by laboratory filtering. [Ord. 1992 § 1, 1999.]

13.04.570 Toxic pollutant.

“Toxic pollutant” means one of 126 pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under Section 307 (33 U.S.C. 1317) of the Act. [Ord. 1992 § 1, 1999.]

13.04.580 Treatment plant effluent.

“Treatment plant effluent” means the discharge from the POTW into waters of the United States. [Ord. 1992 § 1, 1999.]

13.04.590 User or industrial user.

“User” or “industrial user” means a source of indirect discharge. The source shall not include “domestic user” as defined herein. [Ord. 1992 § 1, 1999.]

13.04.600 User or industrial user.

“User” or “industrial user” means a source of indirect discharge. The source shall not include “domestic user” as defined herein. [Ord. 1992 § 1, 1999.]

13.04.610 Wastewater.

“Wastewater” means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW. [Ord. 1992 § 1, 1999.]

13.04.620 Wastewater discharge contract (industrial user discharge contract).

“Wastewater discharge contract (industrial user discharge contract)” means an authorization or equivalent control document issued by the City to users discharging wastewater to the POTW. The contract may contain appropriate pretreatment standards and requirements as set forth in this program. [Ord. 1992 § 1, 1999.]

13.04.630 Wastewater treatment plant or treatment plant.

“Wastewater treatment plant” or “treatment plant” means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. [Ord. 1992 § 1, 1999.]