Chapter 13.12 SEWERS

This program sets forth the uniform requirements for users of the publicly owned treatment works (POTW) for the City of Sunnyside and enables the City to comply with all applicable State and federal laws, including the Clean Water Act (33 U.S.C. 1251 et seq.) and the General Pretreatment Regulations (40 C.F.R. Part 403). The objectives of this program 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 are maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations;

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

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

This program shall apply to all users of the POTW. The program authorizes the issuance of wastewater discharge contracts; 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. 1992 § 1, 1999.]

13.12.020 Administration.

Except as otherwise provided herein, the City shall administer, implement and enforce the provisions of this program. Any powers granted to or duties imposed upon the City may be delegated by the City to other City personnel.

The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. [Ord. 1992 § 1, 1999.]

13.12.030 Abbreviations.

The following abbreviations shall have the designated meanings:


•	ASPP	–	Accidental Spill Prevention Plan
•	BOD	–	Biochemical Oxygen Demand
•	C.F.R.	–	Code of Federal Regulations
•	COD	–	Chemical Oxygen Demand
•	EPA	–	U.S. Environmental Protection Agency
•	FOG	–	Fats, Oil and Grease
•	gpd	–	gallons per day
•	l	–	liter
•	LEL	–	Lower Explosive Limit
•	mg	–	milligrams
•	mg/l	–	milligrams per liter
•	NPDES	–	National Pollutant Discharge Elimination System
•	O and M	–	Operation and Maintenance
•	POTW	–	Publicly Owned Treatment Works
•	RCRA	–	Resource Conservation and Recovery Act
•	SIC	–	Standard Industrial Classifications
•	SWDA	–	Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
•	TSS	–	Total Suspended Solids
•	U.S.C.	–	United States Code
•	WDOE	–	Washington Department of Ecology

[Ord. 1992 § 1, 1999.]

13.12.040 Prohibited discharge standards.

A. 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.

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

1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flash point of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 C.F.R. 261.21;

2. Wastewater having a pH less than 5.0 or more than 10, or otherwise causing corrosive structural damage to the POTW or equipment;

3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference;

4. Pollutants, including oxygen-demanding pollutants (BOD, 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;

5. Wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius) unless the approval authority, upon the request of the POTW, approves alternate temperature limits;

6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

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

8. Trucked or hauled pollutants, except at discharge points designated by the City;

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

10. Wastewater containing any radioactive wastes or isotopes except as specifically approved by the City in compliance with applicable State or federal regulations;

11. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted wastewater, unless specifically authorized by the City, and significant dischargers approved by WDOE;

12. Any sludges, screenings, or other residues from the pretreatment of industrial wastes or from industrial processes;

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

14. Any hazardous wastes as defined in rules published by the State of Washington or in EPA rules 40 C.F.R. Part 261. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 502.]

13.12.050 Federal categorical pretreatment standards.

The National Categorical Pretreatment Standards found in 40 C.F.R. Chapter I, Subchapter N, Parts 405 through 471 are hereby incorporated. [Ord. 1992 § 1, 1999.]

13.12.060 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 program or other applicable ordinances. [Ord. 1992 § 1, 1999.]

13.12.070 Local limits.

Local limits are “to be determined.” Proposed discharges which would exceed the following values will be required to apply for a load allocation for the discharge; existing dischargers which are found to discharge these pollutants at concentrations greater than the criteria will also be required to apply for a load allocation. New facilities may not discharge these pollutants at concentrations greater than the criteria until a load allocation has been approved and a wastewater discharge permit has been issued by Ecology; existing dischargers will have six months from the time they are notified that their discharge is in excess of the criteria to reach an agreement on a load application and file a complete application for a wastewater discharge permit with Ecology. Threshold criteria for requiring a load allocation (mg/l):


Arsenic	20 mg/l
Cadmium	5 mg/l
Chromium	1000 mg/l (total)
	50 mg/l (hexavalent)
Copper	50 mg/l
Cyanide	30 mg/l
Lead	10 mg/l
Mercury	0.5 mg/l
Molybdenum	40 mg/l
Nickel	200 mg/l
Selenium	25 mg/l
Silver	10 mg/l
Zinc	300 mg/l

Unless specifically authorized by the City, no user shall discharge into the sewer system any wastewater in excess of polar/nonpolar fats, oil and grease (POG) 100 mg/L. Whenever a discharger is subject to both categorical pretreatment and local limit standards for a given pollutant, the more stringent shall apply. The City may impose mass limitations on dischargers, which are using dilution to meet the pretreatment standards or requirements of this program, or in other cases where the imposition of mass limitations is deemed appropriate by the City. [Ord. 1992 § 1, 1999.]

13.12.080 City’s right of revision.

The City reserves the right to establish, by ordinance or in wastewater discharge contracts, more stringent standards or requirements on discharges to the POTW. [Ord. 1992 § 1, 1999.]

13.12.090 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 C.F.R. 403.15. They may also request a variance from the categorical pretreatment standard from the approval authority in accordance with 40 C.F.R. 403.13. [Ord. 1992 § 1, 1999.]

13.12.100 Dilution.

No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The City may impose mass limitations on users which it believes may be using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate. [Ord. 1992 § 1, 1999.]

13.12.110 Pretreatment facilities.

Users shall provide necessary wastewater treatment as required to comply with this program and shall achieve compliance with all applicable pretreatment standards and requirements set out in this program within the time limitations specified by the EPA, the State, or the City, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City and WDOE for review and shall be acceptable to the City before construction or modification of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the City under the provisions of this program. [Ord. 1992 § 1, 1999.]

13.12.120 Deadline for compliance with applicable pretreatment requirements.

Compliance by existing users (categorical users) covered by categorical pretreatment standards shall be within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate standard. The City shall establish a final compliance deadline date for any existing user not covered by categorical pretreatment standards or for any categorical user when the local limits for said user are more restrictive than the EPA’s categorical pretreatment standards. New source dischargers and new users are required to comply with applicable pretreatment standards within the shortest feasible time (not to exceed 90 days from the beginning of discharge). New sources and new users shall install and have in operating condition and shall start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Any industrial user discharge contract issued to a categorical user shall not contain a compliance date beyond any deadline date established in the EPA’s categorical pretreatment standards. Any other existing user or a categorical user that must comply with a more stringent local limit which is in noncompliance with any local limits shall be provided with a compliance schedule by the City to ensure compliance within the shortest time feasible. [Ord. 1992 § 1, 1999.]

13.12.130 Additional pretreatment measures.

A. Whenever deemed necessary, the City 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 wastestreams and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this program.

B. Grease, oil and sand interceptors shall be provided when, in the opinion of the City 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 City and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at his expense.

C. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. [Ord. 1992 § 1, 1999.]

13.12.140 Accidental discharge/slug control plans.

The City may require any user to develop and implement an accidental discharge/slug control plan. Where deemed necessary by the City, adequate plan and/or facilities may be required to prevent accidental discharge or slug discharges. These facilities shall be provided and maintained at the user’s cost and expense. An accidental spill prevention plan/slug control plan showing facilities and operating procedures to provide this protection shall be submitted to the City for review and approval before implementation. The City shall determine which users are required to develop a plan and require said plan to be submitted within 120 days after notification by the City. Each user shall implement its ASPP as submitted or as modified after such plan has been reviewed and approved by the City. Review and approval of such plans and operating procedures by the City shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this section.

A. Any user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at minimum, the following:

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

2. Description of stored chemicals;

3. Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the standards in SMC 13.12.040 through 13.12.070; and

4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, 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.

B. Users shall notify the City Wastewater Treatment Plant immediately upon the occurrence of a slug or accidental discharge of substances regulated by this program. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume and corrective actions. Any affected user shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the City on account thereof under State and federal law.

C. Within five days following an accidental discharge, the user shall submit to the City a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties, or liability which may be imposed by this program or other applicable law. [Ord. 1992 § 1, 1999.]

13.12.150 Septic tank wastes.

A. Septic tank waste may be introduced into the POTW only at a designated receiving structure within the treatment plant area and at such times as are established by the City. Such waste shall not violate this section of the program or any other requirements established or adopted by the City. Wastewater discharge contracts for individual vehicles to use such facilities shall be issued on a case-by-case basis by the City, and only under extraordinary circumstances.

B. Septic haulers may only discharge loads at locations specifically designated by the City. No load may be discharged without prior consent of the City. The City may collect samples of each hauled load to ensure compliance with applicable pretreatment standards. The City may require the hauler to provide a waste analysis of any load prior to discharge.

C. Septic haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the waste hauler, contract number, truck identification, sources of waste and volume and characteristics of waste.

D. Fees for dumping hauled waste will be established as part of the user fee system as authorized in SMC 13.12.240. [Ord. 1992 § 1, 1999.]

13.12.160 Unlawful waste disposal.

It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the City any human or animal excrement, garbage, or other objectionable waste. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 301.]

13.12.170 Privies and cesspools prohibited.

Except as provided in this program, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended for the disposal of sewage. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 303.]

13.12.180 Connection to public sewer required when.

The owner of each lot or parcel of real property within the City not already connected to the public sewer system of the City upon which lot or parcel of property is situated any building or structure for human occupation or use for any other purpose shall install suitable toilet facilities therein and shall connect such facilities, together with all other facilities therein the use of which results in the existence of sewage as defined in this program, with the public sewer system at his own expense within 30 days after publication in the official newspaper of the City of a notice to do so signed by the Public Works Department, whenever there is a public sewer line within 200 feet of property line of such lot or parcel. Such installation and connection shall be commenced within 30 days following such notice. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 304.]

13.12.190 Public sewer permit required for connections.

No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer without obtaining a written permit from the Public Works Department. No unauthorized person shall open, alter, or disturb the streets or alleys of the City for purpose of making connection with the public sewer system, without first obtaining a written permit from the Public Works Department. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 401.]

13.12.200 Private sewage systems.

Where a public sewer line is not available under the provisions of SMC 13.12.180 a private sewer and sewage disposal system shall be constructed, in accordance with the specifications and applicable provisions of the Yakima Health District requirements. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 305.]

13.12.210 Private sewers and building sewers.

No person shall construct or commence the construction of a private sewage disposal system without first obtaining a written permit from the Public Works Department. No person shall construct, extend, relay, repair, or connect a building sewer with out first obtaining a written permit from the Public Works Department. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 402.]

13.12.220 Applications.

An application for any permit shall be made on a form furnished by the City which the applicant shall supplement with such plans, specifications and other information as deemed necessary by the Public Works Department. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 403.]

13.12.230 Permits – Permits required.

All new construction, repair or modification of sewage facilities for which a permit has been issued shall be done in accordance with the Uniform Plumbing Code, as adopted by the City of Sunnyside. [Ord. 1992 § 1, 1999.]

13.12.240 Fees.

Fee schedule for residential, commercial and industrial connections is in SMC 13.20.100, 13.20.110, 13.20.120, 13.20.140, and 13.20.150. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 403.]

13.12.250 Inspections.

No permit shall become effective until after the Building Inspector has inspected the construction or installation as completed and before any underground portions are covered. Inspection shall be made by the Building Inspector or authorized employee of the City within 48 hours after receipt of notice by him/her. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 403.]

13.12.260 Private sewage systems – Standards.

The type, capacities, location and layout of a private sewage system shall comply with all recommendations and regulations of the State Department of Health and the Uniform Plumbing Code. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet or to ground surface. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the City. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 404.]

13.12.270 Private sewage systems – Abandonment for public connections.

Whenever a public sewer becomes available to a lot or parcel served by a private sewage disposal system, as provided in SMC 13.12.180, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private disposal facilities shall be abandoned and filled with suitable material. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 405.]

13.12.280 Building sewer lines – Separate required – Exceptions.

A separate and independent building sewer line shall be provided for each building for connections with the public sewer system; provided, that where feasible, this requirement may be waived upon submission of alternate plans approved by, and thereafter constructed under the supervision of, the Building Inspector. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 406.]

13.12.290 Public sewer connections – Specifications.

All connections and building sewer lines connecting with the public sewer system shall be constructed, installed, and connected in such a manner as to ensure a permanent and sanitary sewer-tight connection throughout and in accordance with all applicable provisions of the Uniform Plumbing Code as amended by the State of Washington. The pipe used in the installation thereof shall be equal in quality to the pipe used in the general sewer system and not less than four inches in diameter. The slope of the building sewer shall be in accordance with the Uniform Plumbing Code and approval of the Building Inspector; the pipe in the building sewer shall be laid so the flow line therein will be at a depth of not less than 30 inches from the surface of the ground. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 407.]

13.12.300 Excavations.

All excavations for building sewer installation shall be properly safeguarded with lights and barricades so that the same may not be a menace to public safety. All streets, sidewalks, alleys, parkways and other public property disturbed in the course of the work shall be restored in accordance with the requirements set forth in Chapter 12.12 SMC. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 408.]

13.12.310 Connections made by City – Lien.

In the event the building sewer and connections are not made within the time provided in this program following notice, the City Manager is authorized and directed to cause the same to be made and file a statement of the cost thereof with the Public Works Department, and thereupon, a warrant shall be issued under the direction of the City Council against the Sewer Fund for the payment of such cost. Such amount, together with a penalty of 10 percent thereof, plus interest at the rate of eight percent per year upon the total amount of the cost and penalty, shall be assessed against the property upon which such building sewer and connection has not been placed as required and shall become a lien thereon. Such total amount, when collected, shall be paid into the Sewer Fund. [Ord. 1992 § 1, 1999; 1956 Code § 3-501, § 503.]

13.12.320 Industrial user discharge contract – Required.

No significant industrial user shall discharge wastewater into the POTW without first obtaining an industrial user’s discharge contract from the City. Any violation of the terms and conditions of the industrial user’s contract shall be deemed a violation of this program and subjects the industrial user contractee to the sanctions set out in this program. Obtaining an industrial user’s contract does not relieve a contractee of its obligation to comply with all federal and State pretreatment standards or requirements or with any other requirements of federal, State and local law.

The City may require other users, including liquid waste haulers, to obtain commercial users’ contracts (as necessary) to carry out the purposes of this program. [Ord. 1992 § 1, 1999.]

13.12.330 Commercial and industrial users contracting.

Any discharger which is potentially a minor or significant industrial user that was discharging wastewater into the POTW prior to the effective date of this program and that wishes to continue such discharges in the future shall, within 60 days after notification by the City, submit an industrial user’s contract application to the City in accordance with an industrial user’s contract issued by the City. [Ord. 1992 § 1, 1999.]

13.12.340 Commercial and industrial users contracting – New source and new users.

At least 90 days prior to the anticipated start-up, new sources, sources that become a user subsequent to the promulgation of an applicable categorical pretreatment standard and new users considered by the City to fit the definition of SIU shall apply for an industrial user’s contract and will be required to submit to the City at least the information listed in SMC 13.12.360(A) through (E). A new source or new user cannot discharge without receiving an industrial user’s contract from the City. New sources and new users shall also be required to include in their application information on the method of pretreatment the user intends to use to meet applicable pretreatment standards. New sources and new users shall give estimates of the information requested in SMC 13.12.360(D) and (E). [Ord. 1992 § 1, 1999.]

13.12.350 Industrial user discharge contract – Extrajurisdictional users.

Any existing user located beyond the City limits required to obtain an industrial user discharge contract shall submit an industrial user discharge contract application as outlined in SMC 13.12.330. New source and new users located beyond the City limits required to obtain an industrial user discharge contract shall comply with SMC 13.12.340. [Ord. 1992 § 1, 1999.]

13.12.360 Industrial user discharge contract – Application contents.

All users required to obtain an industrial user discharge contract must submit, at a minimum, the following baseline information. The City shall approve a form to be used as a contract application. Categorical users submitting the following information shall have complied with 40 C.F.R. 403.12 (b).

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

B. Contracts. 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 of operations; average rate of production and Standard Industrial Code, 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 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 off-site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation.

D. Flow Measurement.

1. Categorical User. The user shall submit information showing the measured average daily and maximum 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 wastestream formula of 40 C.F.R. 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: total process flow, wastewater treatment plant flow, total plant flow or individual manufacturing process flow as required by the City. 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 SMC 13.12.040 through 13.12.070, 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 SMC 13.12.580.

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 C.F.R. 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 and the City 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 City) of regulated pollutants contained in SMC 13.12.040 through 13.12.070, 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 SMC 13.12.580.

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

F. Certification. The user shall submit a statement, reviewed by an authorized representative of the user and certified by a qualified professional as outlined in SMC 13.12.370, indicating whether the applicable pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance (O and 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 and M will be required to meet the applicable pretreatment standards, the user will provide the shortest schedule by which the user will provide such additional pretreatment and/or O and M. The user’s schedule shall conform with the requirements of SMC 13.12.490. The completion date in this schedule shall not be later than the compliance date established pursuant to SMC 13.12.120.

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

2. If the categorical pretreatment standard is modified by a removal allowance (40 C.F.R. 403.7), the combined wastestream formula (40 C.F.R. 403.6(e)), and/or a fundamentally different factor variance (40 C.F.R. 403.13) after the user submits the report required by subsections (F) and (G) of this section, a new report shall be submitted by the user within 60 days after the modified limit is approved.

H. The user shall submit any other information as may be deemed necessary by the City to evaluate the user discharge contract application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. [Ord. 1992 § 1, 1999.]

13.12.370 Signatory and certification requirement.

All users discharge contract 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. 1992 § 1, 1999.]

13.12.380 Industrial user discharge contract – Issuance decisions.

The City will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete industrial user discharge contract application, the City will determine whether or not to issue a industrial user contract. Upon a determination to issue, the contract shall be issued within 30 days of full evaluation and acceptance of the data furnished. The City may deny any application for industrial or commercial discharge contract.

Commercial or industrial users determined to not meet the criteria for being a significant or minor industrial user will be notified of the determination and no contract will be required; the discharger is obligated to notify the City if circumstances should change (see SMC 13.12.540) and to file a new application 30 days before an increase in discharge which could change the discharger’s classification.

Justifications for decisions made during the contracting process are summarized in an industrial user “fact sheet.” A fact sheet briefly sets forth the principal facts and the significant legal, procedural and policy decisions considered in preparing an industrial user contract. The fact sheet contains, at a minimum, the following components: description of industrial user; discharge information; basis for contract limits; special conditions in contract; and calculation used to derive each limit. [Ord. 1992 § 1, 1999.]

13.12.390 Industrial user discharge contract – Contents.

Industrial user discharge contracts shall include such conditions as reasonably deemed necessary by the City to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate biosolids management and disposal and protect against damage to the POTW.

A. Industrial user discharge contracts must contain the following conditions:

1. A statement that indicates industrial user contract duration, which in no event shall exceed five years from date of issuance;

2. A statement that the industrial user discharge contract is nontransferable without prior notification to and approval from the City and provisions for furnishing the new owner or operator with a copy of the existing industrial user discharge contract;

3. Applicable pretreatment standards, requirements and prohibited discharge provisions in SMC 13.12.040, including any special State requirements;

4. Self-monitoring, sampling reporting, notification, submittal of technical reports, compliance schedules and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, State and local law;

5. Requirements for immediate notification to the City where self-monitoring results indicate noncompliance;

6. Requirement to report a bypass or upset of a pretreatment facility;

7. Requirement for the SIU who reports noncompliance to repeat the sampling and analysis and submit results to the City within 30 days after becoming aware of the violation; and

8. A statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements and any applicable compliance schedule.

B. Industrial user discharge contract may contain, but need not be limited to, the following conditions:

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

2. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

3. Requirements for the development and implementation of spill-control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges;

4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

5. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

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

7. A statement that compliance with the industrial user discharge contract does not relieve the contractee of responsibility for compliance with all applicable federal and State pretreatment standards, including those which become effective during the term of the industrial user discharge contract;

8. Any special agreements the City chooses to continue or develop between City and user; and

9. Other conditions as deemed appropriate by the City to ensure compliance with this program, State and federal laws, rules and regulations. [Ord. 1992 § 1, 1999.]

13.12.400 Industrial user discharge contract – Appeals.

Any person, including the user, may petition the City to reconsider the terms of a industrial user discharge contract within 30 days of its issuance.

A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

B. In its petition, the appealing party must indicate the industrial user discharge contract provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the industrial user discharge contract.

C. The effectiveness of the industrial user discharge contract shall not be stayed pending the appeal.

D. If the City fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a industrial user discharge contract, not to issue a industrial user discharge contract, or not to modify a industrial user discharge contract shall be considered final administrative actions for purposes of judicial review.

Aggrieved parties seeking judicial review of the final administrative industrial user discharge contract decision must do so by filing a complaint with the Yakima County Superior Court for jurisdiction within two years of denial of the contract. [Ord. 1992 § 1, 1999.]

13.12.410 Industrial user discharge contract – Duration.

Industrial user discharge contracts shall be issued for a specified time period, not to exceed five years from date of issuance. An industrial user discharge contract may be issued for a period less than five years, at the discretion of the City. Each industrial user discharge contract will indicate a specific date upon which it will expire. [Ord. 1992 § 1, 1999.]

13.12.420 Industrial user discharge contract – Modification.

The City may modify the industrial user discharge contract for good cause including, but not limited to, the following:

A. To incorporate any new or revised federal, State, or local pretreatment standards or requirements;

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

C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

D. Information indicating that the contracted discharge poses a threat to the City’s POTW, City personnel, or the receiving waters;

E. Violation of any terms or conditions of the industrial user discharge contract;

F. Misrepresentations or failure to fully disclose all relevant facts in the industrial user discharge contract application or in any required reporting;

G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 C.F.R. 403.13;

H. To correct typographical or other errors in the industrial user discharge contract; or

I. To reflect a transfer of the facility ownership and/or operation to a new owner/operator. [Ord. 1992 § 1, 1999.]

13.12.430 Industrial user discharge contract – Transfer.

Industrial user discharge contracts may be reassigned or transferred to a new owner and/or operator only if the contractee gives at least 30 days’ advance notice to the City and only if the City approves the industrial user discharge contract transfer. The notice to the City must include a written certification by the new owner and/or operator which:

A. States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;

B. Identifies the specific date on which the transfer is to occur; and

C. Acknowledges full responsibility for complying with the existing industrial user discharge contract. Failure to provide advance notice of transfer renders the industrial user discharge contract voidable as of the date of facility transfer.

Provided, that the above occurs and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing user and be covered by the existing limits and requirements in the previous owner’s contract. [Ord. 1992 § 1, 1999.]

13.12.440 Industrial user discharge contract – Revocation.

Industrial user discharge contract may be revoked for, but not limited to, the following reasons:

A. Failure to notify the City of significant changes to the wastewater prior to the changed discharge;

B. Failure to provide prior notification to the City of changed conditions;

C. Misrepresentation or failure to fully disclose all relevant facts in the industrial user discharge contract application;

D. Falsifying self-monitoring reports;

E. Tampering with monitoring equipment;

F. Refusing to allow the City timely access to the facility premises and records;

G. Failure to meet discharge limitations;

H. Failure to pay fines;

I. Failure to pay sewer charges;

J. Failure to meet compliance schedules;

K. Failure to complete a wastewater survey or the industrial user discharge contract application;

L. Failure to provide advance notice of the transfer of a contracted facility; or

M. If the City has to invoke its emergency provision as cited in SMC 13.12.720;

N. Violation of any pretreatment standard or requirement, or any terms of the industrial user discharge contract or this program.

Industrial user discharge contracts shall be voidable upon cessation of operations or transfer of business ownership. All industrial user discharge contracts issued to a particular user are void upon the issuance of a new industrial user discharge contract to that user. [Ord. 1992 § 1, 1999.]

13.12.450 Industrial user discharge contract – Reissuance.

A user who is required to have an industrial user discharge contract shall apply for industrial user discharge contract reissuance by submitting a complete industrial user discharge contract application, in accordance with SMC 13.12.360, a minimum of 90 days prior to the expiration of the user’s existing industrial user discharge contract. If an industrial user with an existing contract has applied for renewal as specified and the City has not issued a new contract or revoked the current contract, the existing contract is automatically renewed for a period of five years or until the City revokes the contract or issues a new contract. [Ord. 1992 § 1, 1999.]

13.12.460 Baseline monitoring reports.

Categorical users who submit permit applications as described in SMC 13.12.360 shall be considered to have complied with requirement in 40 C.F.R Section 403.12(b) to submit baseline monitoring reports. [Ord. 1992 § 1, 1999.]

13.12.470 Final compliance report (initial compliance report).

A. Within 90 days following the date for final compliance by the significant industrial user with applicable pretreatment standards and requirements set forth in this program, in an industrial user discharge contract, or within 30 days following commencement of the introduction of wastewater into the POTW by a new source or new users considered by the City to fit the definition of SIU, the affected user shall submit to the City a report containing the information outlined in SMC 13.12.360(D) through (F).

B. For users subject to equivalent mass or concentration limits established by the City in accordance with procedures established in 40 C.F.R 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. [Ord. 1992 § 1, 1999.]

13.12.480 Periodic compliance report.

A. Any user that is required to have an industrial user discharge contract and performs self-monitoring shall submit to the City during the months of June and December, unless required on other dates or more frequently than was required, a report indicating the nature of the effluent over the previous reporting period. The frequency of monitoring shall be as prescribed within the industrial user discharge contract. At a minimum, users shall sample their discharge at least twice per year.

B. The report shall include a record of the concentrations (and mass if specified in the industrial user discharge contract) of the pollutants listed in the industrial user discharge contract that were measured and a record of all flow measurements (average and maximum) taken at the designated sampling locations and shall also include any additional information required by this program or the industrial user discharge contract. Production data shall be reported if required by the industrial user discharge contract. Both daily maximum and average concentration (or mass, where required) shall be reported. If a user sampled and analyzed more frequently than what was required by the City or by this program, using methodologies in 40 C.F.R. Part 136, it must submit all results of sampling and analysis of the discharge during the reporting period.

C. Any user subject to equivalent mass or concentration limits established by the City or by unit production limits specified in the applicable categorical standards shall report production data as outlined in SMC 13.12.470(B).

D. If the City calculated limits to factor out dilution flows or nonregulated flows, the user will be responsible for providing flows from the regulated process flows, dilution flows and nonregulated flows.

E. Flows shall be reported on the basis of actual measurement; provided, however, that the City may accept reports of average and maximum flows estimated by verifiable techniques if the City determines that an actual measurement is not feasible.

F. Discharges sampled shall be representative of the user’s daily operations, and samples shall be taken in accordance with the requirements specified in SMC 13.12.580.

G. The City may require self-monitoring by the user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section. If the City agrees to perform such periodic compliance monitoring, the user will be billed for this service based upon the costs incurred by the City for the sampling and analysis. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bills. The City is under no obligation to perform periodic compliance monitoring for a user. [Ord. 1992 § 1, 1999.]

13.12.490 Compliance schedule 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 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. 1992 § 1, 1999.]

13.12.500 Notification of significant production change.

Any user operating under an industrial user discharge contract incorporating equivalent mass or concentration limits 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 user discharge contract. [Ord. 1992 § 1, 1999.]

13.12.510 Hazardous waste notification.

A. Any user that is discharging 15 kilograms of hazardous wastes as defined in 40 C.F.R. 261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely hazardous wastes as specified in 40 C.F.R 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 Hazardous Waste and Toxic Reduction Program. 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 of the discharge of acutely hazardous wastes to the City sewer system. Such notification shall include:

1. The name of the hazardous waste as set forth in 40 C.F.R. Part 261;

2. The EPA hazardous waste number; and

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

B. If an industrial user discharges more than 100 kilograms (kg) of such waste per calendar 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 wastestreams discharged during that calendar month; and

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

C. 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 section, 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. [Ord. 1992 § 1, 1999.]

13.12.520 Notice of potential problems, including accidental spills, slug loadings.

Any user shall notify the City immediately of all discharges that could cause problems to the POTW, including any slug loadings, as defined in SMC 13.12.040(B). The notification shall include the concentration and volume and corrective action. Steps being taken to reduce any adverse impact should also be noted during notification. Any user who discharges a slug (or slugs) of pollutants shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the City under State or federal law. [Ord. 1992 § 1, 1999.]

13.12.530 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 may not be 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. 1992 § 1, 1999.]

13.12.540 Notification of changed discharge.

All users shall promptly notify the City in advance of any substantial change in the volume or character of pollutants in their discharge, including significant regulated or manufacturing process changes, pretreatment modifications and the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 C.F.R. 403.12(p). [Ord. 1992 § 1, 1999.]

13.12.550 Total toxic organic (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 application requirements, all the organics listed under the TTO limit (no exceptions);

B. No TTOs used at the facility, or the user elects to develop a solvent management plan in lieu of continuously monitoring for TTO: The user must routinely submit a certification statement as part of its self-monitoring report that there has been no dumping of concentrated toxic organic into the wastewater and that it is implementing a solvent management plan as approved by the City.

Note: Facilities who have sampled initially and can verify that there are no toxic organics utilized should not have to develop a solvent management plan but must make the certification statement of no use of toxic organics during the reporting period. [Ord. 1992 § 1, 1999.]

13.12.560 Reports from uncontracted users.

All users not required to obtain an industrial user discharge contract shall provide appropriate reports to the City as required. The City may require reporting by users that are not required to have an industrial user discharge contract if information or data is needed to establish a sewer charge, determine the treatability of the effluent or determine any other factor which is related to the operation and maintenance of the sewer system. [Ord. 1992 § 1, 1999.]

13.12.570 Recordkeeping.

Users subject to the reporting requirements of the program shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this program and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method and time of sampling and the name of the person(s) taking the samples; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or POTW or where the user has been specifically notified of a longer retention period by the City. [Ord. 1992 § 1, 1999.]

13.12.580 Sampling requirements for users.

A. A minimum of four grab samples must be used for cyanide, total phenols, oil and grease, sulfide and volatile organics. The City will determine on a case-by-case basis whether the user will be able to composite the individual grab samples. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The City may waive flow-proportional composite sampling for any user that demonstrates that flow-proportional composite sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.

B. Samples shall be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated manufacturing process if no pretreatment exists or as determined by the City and contained in the user’s industrial user discharge contract. For categorical users, if other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 C.F.R. 403.6(e) in order to evaluate compliance with the applicable categorical pretreatment standards. For other SIUs, for which the City has adjusted its local limits to factor out dilution flows, the user shall measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standard(s).

C. All sample results shall indicate the time, date, place of sampling, and methods of analysis and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed more frequently than what was required in its wastewater discharge permit, using methodologies in 40 C.F.R. Part 136, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report. [Ord. 1992 § 1, 1999.]

13.12.590 Analytical requirements.

All pollutant analysis, including sampling techniques, shall be performed in accordance with the techniques prescribed in 40 C.F.R Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. [Ord. 1992 § 1, 1999.]

13.12.600 City monitoring of user’s wastewater.

The City will follow the same procedures as outlined in SMC 13.12.580 and 13.12.590. [Ord. 1992 § 1, 1999.]

13.12.610 Inspection and sampling.

The City shall have the right to enter the facilities of any user to ascertain whether the purpose of this program, and any industrial user discharge contract or order issued hereunder, is being met and whether the user is complying with all requirements thereof. Users shall allow the City ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying and the performance of any additional duties.

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

B. The City shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.

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

D. Unreasonable delays in allowing the City access to the user’s premises shall be a violation of this program. [Ord. 1992 § 1, 1999.]

13.12.620 Monitoring facilities.

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

There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operation condition at the expense of the user. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. [Ord. 1992 § 1, 1999.]

13.12.630 Search warrants.

If the City has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of the program, or that there is a need to inspect as part of a routine inspection program of the City designed to verify compliance with this program or any industrial user discharge contract or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the City shall seek issuance of a search and/or seizure warrant from the Superior Court of Yakima County. Such warrant shall be served at reasonable hours by the City in the company of a uniformed police officer of the City. [Ord. 1992 § 1, 1999.]

13.12.640 Vandalism.

No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this program. [Ord. 1992 § 1, 1999.]

13.12.650 Confidential information.

Information and data regarding a user obtained from reports, surveys, industrial user discharge contract applications, industrial user discharge contracts and monitoring programs, and from City inspection and sampling activities shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the City, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State law. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available immediately upon request by governmental agencies for uses related to the NPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other “effluent data” as defined by 40 C.F.R. 2.302 will not be recognized as confidential information and will be available to the public without restriction. [Ord. 1992 § 1, 1999.]

13.12.660 Notification of violation.

When the City finds that a user has violated (or continues to violate) any provision of this program, an industrial user discharge contract or order issued hereunder, or any other pretreatment standard or requirement, the City may serve upon that user a written notice of violation by certified letter. Within 30 days of the receipt of this notice, the user shall submit: (A) an explanation of the violation, (B) a plan for the satisfactory correction of the violation or prevention of a recurrence. The plan shall be sufficiently detailed that its effectiveness can be evaluated and if it will require more than 30 days to implement. The schedule for implementation must be approved by the City. 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 City to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. [Ord. 1992 § 1, 1999.]

13.12.670 Consent orders.

The City may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to SMC 13.12.690 and 13.12.700 and shall be judicially enforceable. Use of a consent order shall not be a bar against, or prerequisite for, taking any other action against the user. [Ord. 1992 § 1, 1999.]

13.12.680 Show cause hearing.

The City may order, by a certified letter, a user which has violated or continues to violate any provision of the program, an industrial user discharge contract or order issued hereunder, or any other pretreatment standard or requirement to appear before the City and show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative to the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. [Ord. 1992 § 1, 1999.]

13.12.690 Compliance orders.

When the City finds that a user has violated or continues to violate provisions of the program, an industrial user discharge contract or order issued hereunder, or any other pretreatment standard or requirement, the City may issue an order to the user responsible for the discharge directing that the user come into compliance within a time specified in the order. If the user does not come into compliance within the time specified in the order, sewer service may be discontinued until adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. [Ord. 1992 § 1, 1999.]

13.12.700 Cease and desist orders.

When the City finds that a user has violated (or continues to violate) any provision of this chapter, an industrial user discharge contract or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the City may issue an order to the user directing it to cease and desist all such violations and direct the user to:

A. Immediately comply with all requirements; and

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

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. [Ord. 1992 § 1, 1999.]

13.12.710 Administrative fines.

A. When the City finds that a user has violated or continues to violate any provision of this program, an industrial user discharge contract or order issued hereunder, or any other pretreatment standard or requirement, the City may fine such user in an amount not less than $250.00 and not to exceed $10,000. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

B. Unpaid charges, fines and penalties shall, after 30 calendar days, be assessed an additional penalty of five percent of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month. A lien against the user’s property will be sought for unpaid charges, fines and penalties.

C. Users desiring to dispute such fines must file a written request for the City to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the City shall convene a hearing on the matter within 15 days of receiving the request from the user. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The City may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. [Ord. 1992 § 1, 1999.]

13.12.720 Emergency suspensions.

The City may immediately suspend a user’s discharge (after informal notice to the user) whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The City may also immediately suspend a user’s discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.

A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the City shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The POTW shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings in SMC 13.12.730 are initiated against the user.

B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the City prior to the date of any show cause or termination hearing under SMC 13.12.680 and 13.12.730.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. [Ord. 1992 § 1, 1999.]

13.12.730 Termination of discharge (nonemergency).

In addition to the provisions in SMC 13.12.440, any user that violates the following conditions is subject to discharge termination:

A. Violation of industrial user discharge contract conditions;

B. Failure to accurately report the wastewater constituents and characteristics of its discharge;

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

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

E. Violation of the pretreatment standards in SMC 13.12.040.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under SMC 13.12.680 why the proposed action should not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the user. [Ord. 1992 § 1, 1999.]

13.12.740 Injunctive relief.

When the City finds that a user has violated (or continues to violate) any provision of this program, an industrial user discharge contract or order issued hereunder, or any other pretreatment standard or requirement, the City may petition the Yakima County Superior Court through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the industrial user discharge contract, order, or other requirement imposed by this program on activities of the user. The City may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. [Ord. 1992 § 1, 1999.]

13.12.750 Civil penalties.

A. A user which has violated or continues to violate any provision of this program, an industrial user discharge contract or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of $10,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

B. The City may recover reasonable attorneys’ fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses and the cost of any actual damages incurred by the City.

C. In determining the amount of civil liability, the Court shall take into account relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user and any other factor as justice requires.

D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. [Ord. 1992 § 1, 1999.]

13.12.760 Criminal prosecution.

A. A user which has willfully or negligently violated any provision of this program, an industrial user discharge contract or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $5,000 per violation, per day, or imprisonment for not more than one year, or both.

B. A user which has willfully or negligently introduced any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of a least $5,000 and /or be subject to imprisonment for one year. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

C. A user who knowingly made any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this program, an industrial user discharge contract, or order issued hereunder, or who falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this program shall, upon conviction, be punished by a fine of not more than $5,000 per violation per day, or imprisonment for not more than one year, or both. In addition, the user shall be subject to:

1. The provisions of 18 U.S.C. Section 1001 relating to fraud and false statements;

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

3. The provision of Section 309(c)(6) of the Clean Water Act, regarding responsible corporate officers. [Ord. 1992 § 1, 1999.]

13.12.770 Remedies nonexclusive.

The provisions in SMC 13.12.660 through 13.12.780 are not exclusive remedies. The City reserves the right to take any, all, or any combination of these actions against a noncompliant user. The City reserves the right to take other action against any user when the circumstances warrant. Further, the City is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. [Ord. 1992 § 1, 1999.]

13.12.780 Performance bonds.

The City may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of the program, a previous industrial user discharge contract or order issued hereunder, or any other pretreatment standard or requirement unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the City to be necessary to achieve consistent compliance. [Ord. 1992 § 1, 1999.]

13.12.790 Liability insurance.

The City may decline to issue or reissue an industrial user discharge contract to any user which has failed to comply with any provision of this program, a previous industrial user discharge contract or order hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. [Ord. 1992 § 1, 1999.]

13.12.800 Water supply severance.

Whenever a user has violated or continues to violate any provision of the program, an industrial user discharge contract or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply with the pretreatment program requirements. [Ord. 1992 § 1, 1999.]

13.12.810 Public nuisances.

A violation of any provision of this program, an industrial user discharge contract or order issued hereunder, or any other pretreatment standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the City. Any person(s) creating a public nuisance shall be subject to the provisions of Chapter 8.12 SMC governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance. [Ord. 1992 § 1, 1999.]

13.12.820 Bypass.

A. For the purposes of this section:

1. “Bypass” means the intentional diversion of wastestreams 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 or to assure efficient operation. These bypasses are not subject to the provision 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, 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 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 POTW 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 judgement 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 may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in subsection (D)(1) of this section. [Ord. 1992 § 1, 1999.]