Ordinance 340100006.900180
jzl/
6/26/02
6/27/02
ORDINANCE NO. 3401
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING TITLE 7 OF THE EDMONDS
CITY CODE BY ADDING NEW CHAPTERS 7.90, 7.91, 7.92,
7.93, 7.94, 7.95, 7.96, 7.97, 7.98, 7.99, 7.100, 7.101 AND 7.102
THERETO; ESTABLISHING UNIFORM REQUIREMENTS
FOR USERS OF THE CITY'S PUBLICLY OWNED
TREATMENT WORKS; REPEALING CHAPTER 6.50 OF THE
EDMONDS CITY CODE; AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds operates a Publicly Owned Treatment Works (POTW)
for the purpose of collecting, treating and disposing of wastewater within the City's jurisdiction;
and
WHEREAS, the discharge of certain pollutants into the POTW may pose risks to the
environment, the POTW, City employees, and public health and safety; and
WHEREAS, the City Council finds that the adoption, implementation and enforcement of
regulations addressing the discharge of substances into the POTW is necessary to protect the
City's utility infrastructure, the environment, and City employees, and to safeguard the health,
safety and welfare of the Edmonds community; and
WHEREAS, the City seeks, by the adoption of this Ordinance, to establish regulations
that are consistent with applicable state law; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Title 7 of the Edmonds City Code is hereby amended by the addition of a new
Chapter 7.90 to provide in its entirety as follows:
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CHAPTER 7.90 — WASTEWATER PRETREATMENT:
GENERAL PROVISIONS
7.90.010 Purpose and Policy.
7.90.020 Administration.
7.90.030 Definitions.
7.90.040 Abbreviations.
7.90.010 Purpose and Policy.
A. This Ordinance sets forth uniform requirements for
Users of the Publicly Owned Treatment Works (POTW) operated
by the City of Edmonds, and enables the City to comply with all
applicable State and Federal laws, including the Clean Water Act
(33 USC 1251 et seq.) and the General Pretreatment Regulations
(40 CFR Part 403). The objectives of this Ordinance are:
1. To prevent the introduction of pollutants
into the POTW that will interfere with the operation of the POTW;
2. 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;
3. To ensure that the quality of POTW sludge
is maintained at a level which allows its use and disposal in
compliance with applicable statutes and regulations;
4. To protect POTW personnel who may be
affected by wastewater and sludge in the course of their
employment and to protect the general public;
5. To improve the opportunity to recycle and
reclaim wastewater and biosolids from the POTW; and
6. To promote strategies that reduce the
amounts of pollution generated by Users, thereby reducing the
associated hazards to the POTW and receiving waters.
B. This Ordinance shall apply to all Users of the
POTW. The ordinance defines certain prohibited discharges; sets
forth local limits for use by State agencies in the issuance of
wastewater discharge permits; authorizes monitoring, compliance,
and enforcement activities; establishes administrative review
procedures; requires User reporting; and provides for the recovery
of liquidated damages and collection of penalties.
7.90.020 Administration.
Except as otherwise provided herein, the Director shall
administer, implement, and enforce the provisions of this
Ordinance. Any powers granted to or duties imposed upon the
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Director may be delegated by the Director to other City of
Edmonds personnel.
7.90.030 Definitions.
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this Ordinance, shall have the
meanings hereinafter designated.
A. Accessible. Accessible, when applied to required
pretreatment monitoring or treatment equipment, shall mean direct
access without the necessity of removing any panel, door, vehicle,
equipment, materials, or other similar obstruction.
B. Act or "the Act ". The Federal Water Pollution
Control Act, also known as the Clean Water Act, 33 USC 1251 et
seq., as now exists or may hereafter be amended.
C. Administrative Penalty (fine). A punitive monetary
charge unrelated to treatment cost, which is assessed by the
Director rather than by a court.
D. AKART. An acronym for "all known, available,
and reasonable technology (prevention, control, and treatment) to
prevent and control pollution of the waters of the State of
Washington." AKART shall represent the most current
methodology that can be reasonably required for preventing,
controlling, or abating the pollutants associated with a discharge.
AKART shall by applied by all Users of the POTW. AKART
includes Best Management Practices and may be required by the
Director for any discharge to the POTW.
E. Applicable Pretreatment Standards. For any
specified pollutant, the more stringent of the City's prohibitive
standards, the City's specific pretreatment standards, the State of
Washington's pretreatment standards, or applicable National
Categorical Pretreatment Standards.
F. Approval Authority. The state of Washington,
Department of Ecology.
G. Authorized Representative of the User.
1. If the User is a corporation:
a. 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
b. The manager of one or more
manufacturing, production, or operation facilities employing more
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than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in second- quarter 1980 dollars), if
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures;
2. If the User is a partnership or sole
proprietorship: a general partner or proprietor, respectively;
3. If the User is a Federal, State or local
governmental facility: a director or highest official appointed or
designated to oversee the operation and performance of the
activities of the government facility, or his/her authorized
designee.
4. The individuals described in paragraphs 1
through 3 above 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.
H. Average Daily Flow. Average Daily Flow shall be
defined as the arithmetical mean of the total Process Wastewater
flow over a one (1) year period. This mean shall be calculated
based on days when a discharge occurs.
I. Best Management Practices (BMPs). The schedules
of activities, prohibitions of practices, maintenance procedures,
and other management practices to prevent or reduce the pollution
of "waters of the United States." BMPs also include treatment
requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw material storage.
J. Biochemical Oxygen Demand (BOD). The quantity
of oxygen utilized in the biochemical oxidation of organic matter
amenable to measurement by the methods described in Standard
Methods for The Examination of Water and Wastewater (19th ed.
1995); under standard laboratory procedures for five (5) days at
20° centigrade, usually expressed as a concentration [milligrams
per liter (mg/L)].
K. Bypass. The intentional diversion of wastestreams
from any portion of a User's treatment facility.
L. Categorical Pretreatment Standard or Categorical
Standard. Any regulation containing pollutant discharge limits
promulgated by the U.S. EPA in accordance with Sections 307(b)
and (c) of the Act (33 USC 1317) which apply to a specific
category of Users and which appear in 40 CFR Chapter I,
SubChapter N, Parts 405 -471.
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M. Categorical User. A User covered by one or more
of the EPA's Categorical Pretreatment Standards.
N. City. The City of Edmonds, Washington.
O. Cooling Water/Non- Contact Cooling Water. Water
used for cooling purposes 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.
P. Color. The optical density at the visual wavelength
of maximum absorption, relative to distilled water. One hundred
percent (100 %) transmittance is equivalent to zero (0.0) optical
density.
Q. Composite Sample. The sample resulting from the
combination of individual wastewater samples taken at selected
intervals based on an increment of either flow or time.
R. Day. Day shall be defined as a calendar day.
S. Department, the. The Washington State
Department of Ecology or authorized representatives thereof.
(DOE is also the definition of the Approval Authority)
T. Director. The Director of the City of Edmonds
Public Works Department, or his duly authorized representative or
designee.
U. Domestic Sewage. The liquid and water borne
wastes derived from ordinary living processes, free from industrial
wastewaters, and of such character to permit satisfactory disposal,
without special treatment, into the POTW.
V. Domestic User (Residential User). 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 from a residential dwelling unit. Discharges from a
residential dwelling unit typically include up to 100 gallons per
capita per day at 250 mg/L of BOD and TSS.
W. Environmental Protection Agency (EPA). The US
Environmental Protection Agency or, where appropriate, the
Regional Water Management Division Director, or other duly
authorized official of said agency.
X. Existing Source. For a categorical User, an
"existing source" is any source of discharge, the construction or
operation of which commenced prior to the publication by EPA of
proposed categorical pretreatment standards, which will be
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applicable to such source if the standard is thereafter promulgated
in accordance with Section 307 of the Act.
Y. Existing User. For non - categorical Users an
"existing User" is defined as any User which is discharging
wastewater prior to the effective date of this Ordinance.
Z. Fats, Oils and Grease (FOG). The term fats, oils,
and grease shall mean those components of wastewater amenable
to measurement by the methods described in Standard Methods for
the examination of Water and Wastewater, (19th ed. 1995). The
term Fats, Oils and Grease shall include polar and non -polar fats,
oils, and grease and other components extracted from wastewater
by these methods.
AA. Food Service Facility. Any facility which prepares
and/or packages food or beverages for sale or consumption, on or
off site, with the exception of private residences. Food service
facilities shall include, but are not limited to: food manufacturers,
food packagers, restaurants, grocery stores, bakeries, lounges,
hospitals, hotels, nursing homes, churches, schools, and all other
food service facilities not listed above.
AB. Grab Sample. 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.
AC. Grease Interceptor. A device located underground
and outside of a food service facility designed to collect, contain or
remove food wastes and grease from the wastestream while
allowing the balance of the liquid waste to discharge to the sewer
system by gravity.
AD. Grease Trap. A device located in a food service
facility or under a sink designed to collect, contain or remove food
wastes and grease from the wastestream while allowing the
balance of the liquid waste to discharge to the sewer system by
gravity.
AE. High Strength Waste. Any waters or wastewater
having a concentration of Biochemical Oxygen Demand (BOD) or
Total Suspended Solids (TSS) in excess of 250 mg/L.
AF. Indirect Discharge or Discharge. The introduction
of pollutants into the POTW from any non - domestic 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.
AG. Industrial Wastewater. Water or liquid - carried
waste from any industry, manufacturing operation, trade, or
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business which includes any combination of process wastewater,
cooling water, contaminated stormwater, contaminated leachates,
or other waters such that the combined effluent differs in some
way from purely domestic sewage, or is subject to regulation under
Federal Categorical Pretreatment Standards, the State Waste
Discharge Permit program, or this Ordinance.
AH. Interceptor. A device designed and installed so as
to separate and retain deleterious or undesirable matter from
normal wastes and permit normal liquid wastes to discharge by
gravity.
AI. Interference. A discharge which alone or in
conjunction with a discharge or discharges from other sources,
either:
1. inhibits or disrupts the POTW, its treatment
processes or operations;
2. inhibits or disrupts its sludge processes, use or
disposal; or
3. is a cause of a violation of the City's NPDES
permit or of the prevention of sewage sludge use or disposal in
compliance with any of the following statutory or regulatory
provisions or permits issued thereunder:
a. Section 405 of the Clean Water Act;
b. The Solid Waste Disposal Act
(SWDA), including Title II commonly referred to as the Resource
Conservation and Recovery Act (RCRA);
C. Any State regulations contained in
any State sludge management plan prepared pursuant to Subtitle D
of the SWDA;
d. The Clean Air Act;
e. The Toxic Substances Control Act;
f. And the Marine Protection,
Research, and Sanctuaries Act.
AJ. Liquid Waste. Liquid waste is the discharge from
any appliance, appurtenance, or other fixture in connection with a
plumbing system that does not receive fecal matter.
AK. Maximum Allowable Discharge Limit. The
maximum concentration (or loading) of a pollutant allowed to be
discharged at any time.
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AL. May. A permissive or discretionary directive.
AM. Medical Wastes. Isolation wastes, infectious
agents, human blood and blood products, pathological wastes,
sharps, body parts, contaminated bedding, surgical wastes,
potentially contaminated laboratory wastes, and dialysis wastes.
AN. New Source.
1. 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 applicable categorical standards, provided that:
a. The building, structure, facility, or
installation is constructed at a site at which no other source is
located; or
b. The building, structure, facility, or
installation totally replaces the process or production equipment
that causes the discharge of pollutants at an existing source; or
C. 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.
2. 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 (1)(b) or (c)
above but otherwise alters, replaces, or adds to existing process or
production equipment.
3. Construction of a new source as defined
under this paragraph has commenced if the owner or operator has:
a. Begun, or caused to begin as part of
a continuous on -site construction program;
i. any placement, assembly, or
installation of facilities or equipment; or
work including clearing,
buildings, structures, or
placement, assembly, or
equipment; or
ii. significant site preparation
excavation, or removal of existing
facilities which is necessary for the
installation of new source facilities or
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b. Entered into a binding contractual
obligation for the purchase of facilities or equipment that 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 paragraph.
AO. 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 Ordinance. Any person that buys an existing
facility that is discharging non - domestic wastewater will be
considered an "existing User" if no significant changes are made in
the operation.
AP. Ordinance, this. As used in ECC Chapters 7.90
through 7.102, "this Ordinance" shall mean the provisions of ECC
Chapters 7.90 through 7.102.
AQ. Pass Through. A condition occurring when
discharges from Users (singly or in combination) exit the POTW in
quantities or concentrations which either: (1) cause a violation of
any requirement of a City NPDES or State Waste Discharge
permit; (2) cause an increase in the magnitude or duration of a
violation; or, (3) cause a violation of any water quality standard for
waters of the State promulgated under State regulations including
Chapter 173 -201A WAC.
AR. Permittee. A person or User issued a wastewater
discharge permit or discharge authorization.
AS. Person. 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.
AT. pH. A measure of the acidity or alkalinity of a
substance, expressed in standard units. (Technically defined as the
logarithm of the reciprocal of the mass of hydrogen ions in grams
per liter of solution).
AU. Pollutant. Any substance discharged into a POTW
or its collection system which, if discharged directly, would alter
the chemical, physical, biological or radiological properties of
waters of the State of Washington, including pH, temperature,
taste, color, turbidity, oxygen demand, toxicity or odor. This
includes any discharge likely to create a nuisance or render such
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waters harmful, detrimental or injurious to any beneficial uses,
terrestrial or aquatic life, or to public health, safety or welfare.
AV. Pretreatment. 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).
AW. Pretreatment Requirements. Any substantive or
procedural local, State, or federal requirement related to
pretreatment developed under Chapter 90.48 RCW and/or Sections
307 and 402 of the Clean Water Act.
AX. Pretreatment Standards or Standards. Any pollutant
discharge limitations including Categorical Standards, State
standards, and limits of Chapter 7.91.040 of this Ordinance
applicable to the discharge of Non - Domestic Wastes to the POTW.
The term shall also include the Prohibited discharge Standards of
this Ordinance, WAC 173 - 216 -060, and 40 CFR Part 403.5.
AY. Process Wastewater. Industrial wastewater minus
Cooling Water/Non- Contact Cooling Water.
AZ. Prohibited Discharge Standards or Prohibited
Discharges. Absolute prohibitions against the discharge of certain
substances; these prohibitions appear in Chapters 7.91.010(A) and
(B) of this Ordinance.
BA. Publicly Owned Treatment Works (POTW). A
"treatment works," as defined by Section 212 of the Act (33 USC
1292) which is owned by the City. This definition includes all
devices, facilities, or systems used in the collection, storage,
treatment, recycling, and reclamation of sewage or industrial
wastewaters of a liquid nature and any conveyances that convey
wastewater to a treatment plant. The term also means the City of
Edmonds Wastewater Treatment Plant.
BB. Sanitary Flow. Sewage.
BC. Septic Tank Waste. Any domestic and/or
residential sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
BD. Sewage. Water - carried human wastes or a
combination of water - carried wastes from residences, business
buildings, institutions and industrial establishments, together with
such gray water (household showers, dishwashing operations, food
preparation, etc.) as may be present.
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BE. Sewer. Any pipe, conduit, ditch, or other device
used to collect and transport sewage from the generating source.
BF. Shall. A mandatory directive.
BG. Significant Industrial User (SIU).
1. A User subject to categorical pretreatment
standards; or
2. A User that:
a. Discharges an average daily flow of
25,000 GPD or more of process wastewater to the POTW
(excluding sanitary, non - contact cooling, and boiler blowdown
wastewater); or
b. Contributes a process wastestream
which makes up five (5) percent or more of the average dry
weather hydraulic or organic capacity of the POTW treatment
plant; or
C. Is designated as such by the
Department with input from the City on the basis that it, alone or in
conjunction with other sources has a reasonable potential for
adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement.
3. Upon a finding that a User meeting the
criteria in subsection (2) has no reasonable potential for adversely
affecting the POTW's operation or for violating any applicable
pretreatment standard or requirement, the Department may at any
time, on its own initiative or in response to a petition received from
a User or the City [and in accordance with procedures in 40 CFR
403.8(f)(6)] determine that such User should not be considered a
Significant Industrial User.
BH. Significant Non - Compliance. (SNC) shall refer to a
violation or pattern of violation of one of the following natures:
1. Chronic violations of wastewater discharge
limits, defined here as those in which sixty -six percent (66 %) or
more of all wastewater measurements taken during a six -month
period exceed the daily maximum limit or average limit for the
same pollutant parameter by any amount;
2. Technical Review Criteria (TRC) violations,
defined here as those in which thirty -three percent (33 %) or more
of all wastewater measurements taken for each pollutant parameter
during a six -month period equal or exceed the product of the daily
maximum limit or the average limit multiplied by the applicable
TRC [1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other
pollutant except'pH];
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3. Any other discharge violation that the City
believes has caused, alone or in combination with other discharges,
interference or pass through (including endangering the health of
City personnel or the general public);
4. Any discharge of pollutant that has caused
imminent endangerment to human health, welfare or to the
environment, or has resulted in the City's exercise of its
emergency authority to halt or prevent such a discharge;
5. Failure to meet, within ninety (90) days after
the scheduled date, a compliance schedule milestone contained in a
wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final
compliance;
6. Failure to provide within thirty (30) days
after the due date, any required reports, including baseline
monitoring reports, periodic self - monitoring reports, and reports on
compliance with compliance schedules;
7. Failure to accurately report non - compliance;
or
8. Any other violation(s) that the Director
determines will adversely affect the operation or implementation of
the local pretreatment program.
BI. Slug Load. Any discharge at a flow rate or
concentration which could cause a violation of the discharge
standards in Chapter 7.91.010 through 7.91.040 of this Ordinance
or any discharge of a non - routine, episodic nature, including but
not limited to, an accidental spill or a non - customary batch
discharge, or any discharge greater than or equal to five (5) times
the amount or concentration allowed by permit or this Ordinance.
BJ. Standard Industrial Classification (SIC) Code. A
classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and
Budget, as now exists or as may hereafter be amended.
BK. State. The State of Washington.
BL. Storm Water. Any flow occurring during or
following any form of natural precipitation, and resulting from
such precipitation, including snowmelt.
BM. Total Suspended Solids. The total suspended matter
that floats on the surface of, or is suspended in, water, wastewater,
or other liquid, and which is removable by laboratory filtering and
is amenable to measurement by the methods described in Standard
Methods for the examination of Water and Wastewater, (19th ed.
1995).
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BN. Toxic Pollutant. One of the pollutants, or
combination of those pollutants, listed as toxic in regulations
promulgated by EPA under Section 307 (33 USC 1317) of the Act,
or other pollutants as may be promulgated.
BO. Treatment Plant Effluent. The discharge from the
City's POTW.
BP. Upset. An exceptional incident in which there is
unintentional and temporary non - compliance with applicable
pretreatment standards because of factors beyond the reasonable
control of the User.
BQ. User or Industrial User. A source of indirect
discharge. The source shall not include "domestic User" as
defined herein.
BR. Wastewater. Liquid and water - carried industrial
wastewaters and sewage from residential dwellings, commercial
buildings, industrial and manufacturing facilities, and institutions,
whether treated or untreated, which are contributed to the POTW.
BS. Wastewater Discharge Permit (Industrial
Wastewater Discharge Permit, Discharge Permit, Discharge
Authorization). An authorization or equivalent control document
issued by the Department to Users discharging wastewater to the
POTW. The permit may contain appropriate pretreatment
standards and requirements as set forth in this Ordinance.
BT. Wastewater Treatment Plant or Treatment Plant or
Pollution Control Facility. That portion of the POTW that is
designed to provide treatment of municipal sewage and industrial
wastewater.
BU. Zero Discharge Permit. A permit for a Categorical
User that operates its processes so that no Industrial wastewater is
discharged to the POTW.
7.90.040 Abbreviations.
The following abbreviations shall have the designated
meanings:
AKART .......... All Known Available and Reasonable Technology
ASPP ..............Accidental Spill Prevention Plan
BMPs ..............Best Management Practices
BOD ...............Biochemical Oxygen Demand
CFR ................Code of Federal Regulations
COD ...............Chemical Oxygen Demand
EPA ................U.S. Environmental Protection Agency
FOG ................Fats, Oils, and Grease
gpd ..................gallons per day
1 ......................liter
LEL ................Lower Explosive Limit
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mg ..................milligrams
mg/L ...............milligrams per liter
MSDS ..........
Material Safety and Data Sheet
NOV ...............Notice of Violation
NPDES ...........National Pollutant Discharge Elimination System
O &M ..............Operation and Maintenance
POTW ............Publicly
Owned Treatment Works
RCRA .............Resource
Conservation and Recovery Act, 42 USC
6901 et seq.
RCW...........
Revised Code of Washington
SIC .................Standard
Industrial Classifications
SWDA ............
Solid Waste Disposal Act, Chapter 70.95 RCW
TSS .................Total
Suspended Solids
USC ................United
States Code
WAC ..............Washington
Administrative Code
With regards to abbreviations contained in this Chapter, 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.
Section 2. Title 7 of the Edmonds City Code is hereby amended by the addition of a new
Chapter 7.91 to provide in its entirety as follows:
CHAPTER 7.91 - WASTEWATER PRETREATMENT:
GENERAL REQUIREMENTS
7.91.010 Prohibited Discharge Standards.
7.91.020 Federal Categorical Pretreatment Standards.
7.91.030 State Requirements.
7.91.040 Local Limits.
7.91.050 City's Right of Revision.
7.91.060 Special Agreement.
7.91.070 Dilution.
7.91.080 Pretreatment Facilities.
7.91.090 Deadline for Compliance with Applicable
Pretreatment Requirements.
7.91.100 Additional Pretreatment Measures.
7.91.101 Accidental Discharge /Slug Control Plans.
7.91.102 Septic Tank Wastes.
7.91.010 Prohibited Discharge Standards.
A. General Prohibitions. No User or domestic User
shall introduce or cause to be introduced into the POTW any
pollutant or wastewater that 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.
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B. Specific Prohibitions. No User or domestic User
shall introduce or cause to be introduced into the POTW the
following pollutants, substances, or wastewater:
1. Pollutants which may create a fire or
explosive hazard in the POTW, including, but not limited to,
wastestreams with a closed -cup flashpoint of less than 1407
(60 °C) using the test methods specified in 40 CFR 261.21;
2. Wastewater having a pH less than 5.0 or
more than 11.0, 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 but in no case solids greater than one quarter inch
(1/4 ");
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 °F (40 °C);
6. Petroleum oil, non - biodegradable 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 [including
sanitary wastes and grease wastes] unless authorized by the
Director in writing;
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 which imparts color which
cannot be removed by the treatment process, such as, but not
limited to, dye wastes and vegetable tanning solutions, which
consequently imparts color to the treatment plant's effluent,
thereby violating the City's NPDES permit. Color (in combination
with turbidity) shall not cause the treatment plant effluent to reduce
the depth of the compensation point for photosynthetic activity by
{JZL520709.DOC;2/00006.900180/ }7/8/2002 - 15-
more than ten percent (10 %) from the seasonably established norm
for aquatic life;
11. Wastewater containing any radioactive
wastes or isotopes except as specifically approved in writing by the
Director in compliance with applicable State or Federal
regulations;
12. Storm water, surface water, ground water,
artesian well water, roof runoff, subsurface drainage, swimming
pool drainage, condensate, deionized water, non - contact cooling
water, and unpolluted wastewater, unless specifically authorized in
writing by the Director;
13. Any sludges, screenings, or other residues
from the pretreatment of industrial or commercial wastes or from
industrial or commercial processes, except as. authorized in writing
by the Director;
14. Medical wastes, except as specifically
authorized in writing by the Director;
15. Wastewater causing, alone or in conjunction
with other sources, the treatment plant's effluent to exhibit toxicity
in an analytical test;
16. Detergents, surface - active agents, or other
substances in amounts which may cause excessive foaming in the
POTW;
17. Any liquid, solids, or gases which by reason
of their nature or quantity are, or may be, sufficient either alone or
by interaction with other substances to cause fire or explosion or
be injurious in any other way to the POTW or to the operation of
the POTW. At no time shall two (2) successive readings on an
explosion meter, at the point of discharge into the system (or at any
point in the system), be more than five (5 %) percent nor any single
reading over ten (10 %) per cent of the lower explosive limit (LEL)
of the meter.
18. Animal guts or tissues, paunch manure,
bones, hair, hides or fleshings, entrails, whole blood, feathers,
ashes, cinders, sand, spent lime, stone or marble dusts, metal,
glass, straw, shavings, grass clippings, rags, spent grains, spent
hops, waste paper, wood, plastics, gas, tar asphalt residues,
residues from refining or processing of fuel or lubricating oil, mud,
or glass grinding or polishing wastes.
19. Any substance that will cause the POTW to
violate its NPDES and/or other disposal system permits.
20. Any wastewater, which in the opinion of the
Director can cause harm either to the sewers, sewage treatment
process, or equipment; have an adverse effect on the receiving
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -16-
stream; or can otherwise endanger life, limb, public property, or
constitute a nuisance, unless authorized in a wastewater discharge
permit.
21. The contents of any tank or other vessel
commercially owned or used by any person in the business of
collecting or pumping sewage, effluent, septage, or other
wastewater, unless said person has first obtained testing and
approval as may be generally required by the City of Edmonds and
paid all fees assessed for the privilege of said discharge.
22. Any hazardous or dangerous wastes as
defined in rules published by the State of Washington (WAC 173-
303) and/or in EPA rules-40 CFR Part 261.
23. Persistent pesticides and/or pesticides
regulated by the Federal Insecticide Fungicide Rodenticide Act
(FIFRA).
24. Any slug load.
25. Any substance that may cause the POTW's
effluent or treatment residues, sludges, or scums to be unsuitable
for reclamation and reuse, or to interfere with the reclamation
process.
26. Fats, oils and grease in amounts that may
cause obstructions or ' maintenance problems in the
collection/conveyance system, or interference in the POTW.
C. Pollutants, substances, or wastewater prohibited by
this Chapter shall not be processed or stored in such a manner that
they are likely to be discharged to the POTW unless the User has
in place an approved accidental spill prevention plan (ASPP) /slug
control plan.
7.91.020 Federal Categorical Pretreatment Standards.
National Categorical Pretreatment Standards as adopted and
hereafter amended by the EPA pursuant to the Act shall be met by
all Users in the regulated industrial categories.. These standards,
found in 40 CFR Chapter I, SubChapter N, Parts 405 -471, as the
same now exists or is hereinafter amended, are hereby incorporated
by reference.
7.91.030 State Requirements.
A. 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 Ordinance or
other applicable ordinances. This includes the requirement to meet
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -17-
AKART as defined herein whenever applicable and more stringent
than the limits of Chapter 7.91.040, and to comply with the
requirements of Chapter 7.92.
B. Any User determined by the City to qualify as a
Significant Industrial User shall file an application for a State
Waste Discharge Permit with the Department in accordance with
the requirements of WAC 173- 216 -070. Proof of acceptance of
the application, and payment of permit fees shall be kept at the
User's facilities, and produced upon request by the City. Failure to
submit the application or rejection of the application by the
Department may be considered sufficient grounds to terminate or
refuse to provide sewer service.
7.91.040 Local Limits.
A. The following pollutant limits are established to
protect against pass through and interference. No person shall
discharge wastewater containing in excess of the following daily
maximum allowable discharge limits:
arsenic
0.36
mg/L
cadmium
0.27
mg/L
chromium
1.99
mg/L
copper
0.12
mg/L
cyanide
0.29
mg/L
lead
1.82
mg/L
mercury
0.07
mg/L
nickel
2.14
mg/L
silver
0.29
mg/L
zinc
5.13
mg/L
nonpolar fats, oils,
and grease (NPFOG) 100
mg/L
polar fats, oils, and
grease (PFOG)
300
mg/L
B. The above limits apply at the point where the
wastewater is discharged to the POTW (i.e., end of the User's
pipe). Categorical pretreatment standards apply at the end of the
process. However, the Director may elect to have local limits
apply after pretreatment and/or prior to mixing with dilution flows.
C. All concentrations for metallic substances are for
"total" metal unless indicated otherwise.. The Department may
impose mass limitations in addition to (or in place of) the
concentration -based limitations above.
D. Where a User is subject to a categorical
pretreatment standard and a local limit for a given pollutant, the
more stringent limit or applicable pretreatment standard shall
apply.
7.91.050 City's Right of Revision.
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -18-
The City reserves the right to establish more stringent
standards or requirements on discharges to the POTW.
7.91.060 Special Agreement.
A. The City reserves the right to enter into written
agreements with Users to accept pollutants compatible with the
treatment system at concentrations greater than those typical of
domestic wastewater. Within such agreements, the City may
establish terms of the User's discharge to the POTW including
maximum flow rates and concentrations. The City may also
establish fees to recover costs associated with treating such wastes
and monitoring schedules in such agreements, as provided by
Chapter 7.102.010. In no case will a special agreement waive
compliance with a State or Federal pretreatment standard or
requirement including Federal Categorical Pretreatment Standards.
B. Users discharging or intending to discharge
pollutants other than BOD and TSS, and claiming compatibility,
must prove to the satisfaction of the Director, that such pollutants
are compatible with the POTW. The Director may require any
claim of compatibility to be endorsed by the Department.
7.91.070 Dilution.
A. User shall not 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 Director may request the Department to impose mass
limitations on Users, which he believes may be using dilution to
meet applicable pretreatment standards or requirements, or in other
cases when the imposition of mass limitations is appropriate.
7.91.080 Pretreatment Facilities.
A. General Pretreatment Requirements.
1. Users shall procure and properly install,
operate, and maintain the wastewater facilities which combined
with appropriate practices are necessary to achieve AKART as
defined herein. Such pretreatment facilities shall be designed to
achieve compliance with all applicable pretreatment standards and
requirements set out in this Ordinance within the time limitations
specified by the EPA, the State, or the Director, whichever is more
stringent.
2. Detailed plans showing the pretreatment
facilities and operating procedures shall be submitted to the
Department for review and approval in accordance with the
procedures of Chapter 173 -240 WAC, and shall be submitted to
the City before construction of the facility. The review of such
{ JZL520709 .DOC;2/00006.900180/17/8/2002 -19-
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 and/or the Department
and meet discharge limitations under the provisions of this
Ordinance. Any facilities required to pretreat wastewater to a level
acceptable to the City shall be provided, operated, and maintained
at the User's expense.
3. Users shall comply with approved
Engineering Reports, Plans and Specifications, and Operations and
Maintenance manuals, and shall modify such documents to reflect
any proposed modifications of industrial wastewater (pretreatment)
facilities. Users shall submit proposals to modify pretreatment
facilities to the Department before implementation in accordance
with Chapter 173 -240 WAC. Users shall submit a copy of such
revised plans and the Department's acceptance to the Director
before implementing changes to approved pretreatment facilities.
The Director may audit the compliance of any User, and require
changes in operating procedures deemed necessary by the Director
to ensure continued compliance with applicable pretreatment
standards and requirements.
4. New sources, and new Users determined to
be SlUs must have pretreatment facilities installed and operating
prior to discharge, if required.
5. Users who operate restaurants, cafes, lunch
counters, delis, cafeterias, bars, or clubs, or hotel, hospital,
sanitariums, factory or school kitchens, butcher shops, grocery
stores or other establishments where food (polar) grease may be
introduced to the sewer system shall have pretreatment facilities to
prevent the discharge of fat waste, oil, and grease. Such
pretreatment facilities shall be either a grease interceptor or grease
trap as determined by the City, and installed in the wastewater line
leading from sinks, drains, or other fixtures where grease may be
discharged.
6. Users who operate automobile or truck
repair facilities, steam cleaning facilities for motorized equipment,
air compressor(s), or any other establishments or equipment where
petroleum based (non - polar) grease and oil may be introduced to
the sewer system shall have pretreatment facilities to prevent the
discharge of oil and grease. These pretreatment facilities shall be
oil /water separators or interceptors located to collect such mixture
of grease, oil, and water. Such facilities shall be in accordance
with City and state standards.
7. Oil or grease of petroleum or mineral origin
(non - polar) shall not be discharged to the City's sewer system at a
concentration in excess of 100 mg/1.
8. Oil or grease of animal or vegetable origin
(polar) shall not be discharged to the City's sewer system at a
concentration in excess of 300 mg/l.
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -20-
9. A plumbing permit is required for the
installation of a grease trap. Fee schedule on file with City Clerk's
office.
10. A side sewer permit is required for the
installation of a grease interceptor. Fee schedule on file with the
City Clerk's office.
B. Pretreatment Requirements for FOG.
1. The wholesale shredding of food wastes into
any fixture that discharges to a grease interceptor is prohibited.
Dry scrapping dishes and cooking ware and the installation of flat
screens and/or baskets in the pre -rinse, preparation and pot sinks is
encouraged to reduce the solid waste load and the discharge of fats
and oils.
2. Users that recycle fats, oils and grease must
do so in a way that complies with all applicable State, City, and
Health Department regulations.
3. Other factors may influence the type of
pretreatment required. Those factors include but are not limited to:
a. If a User is located in a grease
problem area;
b. If there have been past problems
(blockages, NOVs, etc.) with a User;
C. The type of food the Users prepare;
d. Volume of water discharged by a
User; Number of meals a User serves per day;
e. Number of fixtures connected to the
sewer system;
f. Adequacy of existing pretreatment
equipment.
4. The use of any additive, such as enzymes,
chemicals, or bacteria, as a substitute for grease traps or
interceptors or the maintenance of grease traps or interceptors is
prohibited. In no case shall any additive that emulsifies fats, oils or
grease be used. Any use of additives as a supplement to grease
interceptors shall first be authorized in writing by the Director
prior to their use by the food service facility owner or the grease
hauler. MSDS sheets and any other applicable information
concerning the composition, frequency of use and mode of action
of the proposed additive shall be sent to the City together with a
written statement outlining the proposed use of the additive /s.
Based upon the information received and any other information
{ JZL520709 .DOC;2/00006.900180/17/8/2002
solicited from the potential user or supplier, the City shall allow or
deny the use of the additive in writing. Permission to use any
specific additive may be withdrawn by the City at any time if
violations of this Chapter occur that can be demonstrated to be due
to the use of the additive.
5. Alternative grease /oil removal systems may
be approved in writing by the Director on a case -by -case basis to
augment or replace grease interceptors to achieve acceptable
discharge. Testing of alternative devices to demonstrate
acceptable removal of FOG shall be at the expense of the User.
6. Authorized City employees shall be allowed
ready access at all reasonable times all parts of the User's premises
for the purpose of inspection, observation records examination,
measurement, sampling and testing in accordance with the
provisions of this Ordinance. The refusal of any user to allow the
Director entry to or upon the User's premises for purposes of
inspection, sampling effluents or inspecting and copying records or
performing such other duties as shall be required by this Ordinance
shall constitute a violation of this Ordinance. The Director may
seek a warrant or use such other legal procedures as may be
advisable and reasonably necessary to discharge his duties under
this Ordinance.
7. Inspections. City employees may inspect
food service facilities on both an unscheduled and unannounced
basis or on a scheduled basis to ascertain whether the intent of this
Ordinance is being met and all requirements are being complied
with. The official shall also determine if the facility has
implemented Best Management Practices as fully as possible.
Inspections shall include all equipment, food processing and
storage areas and shall pay special attention to the processes that
produce wastewater which is discharged from the facility through
the grease interceptor /trap. The official shall also inspect the
interceptor /trap maintenance record, other pertinent data, the
grease interceptor /trap and may check the level of the
interceptor /trap contents and/or take samples as necessary. Noted
deficiencies shall include but not be limited to:
a. Failure to properly maintain the
grease interceptor or trap in accordance with the provision of this
Ordinance.
b. Failure to record pumping activities
or keep copies of manifest forms or receipts.
C. Failure to maintain logs, files,
records or access for inspection or monitoring activities.
8. Re- inspections. The City official shall re-
inspect food service facilities that received deficiency notices at
the original inspection. The City official shall inspect the repairs
or other deficiencies and shall provide written notice of
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -22-
compliance or non - compliance as the case may be. In the event of
continuing non - compliance, successive re- inspections will be
scheduled and appropriate fees shall be charged to the food service
facility concerned. A first re- inspection shall be performed after a
minimum of 30 working days has elapsed to allow for corrective
action by the food service facility to be completed.
9. Monitoring. The City shall have the right to
sample and analyze the wastewater from any food service facility
at any time to determine compliance with the requirements of the
City Code. If violations of the oil and grease limit or proper
maintenance of interceptors /traps are detected, escalating
enforcement action will be initiated and demand monitoring costs
will be billed to the food service facility.
C. Grease traps. All grease trap installations must meet
the following criteria:
1. Trap design and location. Grease traps shall
conform to the standards in the current edition of the UPC. Grease
traps shall be installed in strict accordance with the manufacturer's
instructions. Grease traps shall be equipped with a cover and a
mechanism for a secure closing. Flow control devices shall be
required where the water flow through the interceptor may exceed
its rated flow. Dishwashers and garbage disposals shall not be
connected to grease traps. No more than four (4) fixtures shall
connect to an individual grease trap. Grease traps shall be located
in the food service facility's lateral sewer line between all fixtures
which may introduce grease into the sewer system and the
connection to the City's wastewater collection system..
Wastewater from sanitary facilities and other similar fixtures shall
not be introduced into the grease trap under any circumstances.
2. Trap capacity. The capacity of the grease trap
shall be related to the flow rate and meet the requirements of the
UPC. The minimum capacity of any one unit shall be rated for 35
gallons per minute flowrate, with a retention capacity of 70
pounds.
3. Flow- through rate. Flow- through rates shall be
calculated in accordance with the procedures in the UPC.
4. Flow control device. Grease traps shall be
equipped with a device to control the rate of flow through the unit.
The rate of flow shall not exceed the manufacturer's rated capacity
recommended in gallons per minute for the unit.
5. Inspection, cleaning and maintenance. Each food
service facility shall be solely responsible for the cost of trap
installation, inspection, cleaning and maintenance. Each food
service facility may contract with a grease hauler, or it may
develop a written protocol and perform its own grease trap
cleaning and maintenance procedures. Cleaning and maintenance
must be performed when the total volume of captured grease and
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -23-
solid material displaces more than 25% of the total volume of the
unit. Each food service facility shall determine the frequency at
which their grease trap shall be cleaned, but all grease traps shall
be opened, inspected, cleaned and maintained at a minimum of
once per week.
6. Inspection. Grease traps may be inspected by the
City as necessary to assure compliance with this Ordinance and to
assure proper cleaning and maintenance schedules are being
adhered to.
7. Repairs. The food service facility shall be
responsible for the cost and scheduling of all repairs to its grease
trap(s). Repairs required by the City shall be completed within 14
working days after the date of written notice of required repairs is
received by the facility. Users may utilize a different schedule for
repair upon prior written approval from the City.
8. Disposal. Grease and solid materials removed
from a grease trap shall be disposed of in the solid waste disposal
system.
9. Record keeping. The food service facility shall
maintain records of the date and time of all cleaning and
maintenance of each grease trap, and shall make this record
available for inspection by the City on demand.
D. Grease Interceptors. All grease interceptor installations
must meet the following criteria:
1. Interceptor design and location. Grease
interceptors shall conform to the standards in the current edition
of the UPC. Grease interceptors shall have a minimum of two
compartments and shall be capable of separation and retention of
grease and storage of settled solids. Extended inlet and outlet
sanitary tees must be provided, with the outlet tee extending down
to within 1/3 from the bottom of the tank. A control manhole
over each compartment for monitoring purposes shall be required
and installed at the owner /operators sole expense. Covers shall
have a gas tight fit. The grease interceptor shall be designed,
constructed and installed for adequate load - bearing capacity.
Grease interceptors shall be located in the food service facility's
lateral sewer line between all fixtures which may introduce grease
into the sewer system and the connection to the City's wastewater
collection system. Such fixtures shall include but not be limited
to: sinks, dishwashers, automatic hood wash units, floor drains in
food preparation and storage areas, and any other fixture which is
determined to be a potential source of grease. Wastewater from
sanitary facilities and other similar fixtures shall not be introduced
into the grease interceptor or trap under any circumstances.
Interceptors shall be installed in a location outside of the building
which provides easy access at all times for inspections, cleaning
and proper maintenance, including pumping.
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -24-
2. Interceptor capacity. Grease interceptor capacity
calculations shall be performed by each food service facility based
on size and type of operation according to the formulas contained
in the UPC. The minimum capacity of any one unit shall be 500
gallons.
3. Inspection, pumping and maintenance. Each food
service facility shall 'be responsible for the costs of installing,
inspecting, cleaning and maintaining its grease interceptor. All
food service facilities that have grease interceptors shall utilize a
grease hauler. Pumping services shall include the complete
removal of all contents, including floating materials, wastewater
and bottom sludges and solids. Decanting or discharging of
removed wastes back into the grease interceptor from which the
wastes were removed, or into any other grease interceptor, for the
purpose of reducing the volume to be disposed of is strictly
prohibited. Grease interceptor cleaning shall include scraping
excessive solids from the walls, floors, baffles and all pipework.
Each food service facility shall inspect its grease interceptor during
the pumping procedure to ensure that all fittings and fixtures inside
the interceptor are in good condition and functioning properly.
After the interceptor is emptied and clean, the unit shall be filled
with clean, cool tap water before any process wastewater
containing grease enters the unit.
4. Interceptor pumping frequency. Each food
service facility shall clean its grease interceptor at a minimum
frequency of once every ninety (90) days. There shall be a
minimum period of two months between each required cleaning.
Each food service facility shall determine the frequency at which
its grease interceptor shall be pumped according to the following
criteria:
a. When the floatable grease layer exceeds
twelve inches (12 ") in depth as measured in the inlet compartment
by an approved dipping method, or;
b. When the settleable solids layer exceeds
eight inches (8 ") in depth as measured in the inlet compartment by
an approved dipping method, or;
c. When the total volume of captured grease
and solid material displaces more than 25% of the capacity of the
interceptor as calculated using an approved dipping method in the
inlet compartment, or;
d. When the interceptor is not
retaining/capturing oils and greases; or the removal efficiency of
the device, as determined through sampling and analysis, is less
than eighty percent (80 %).
5. Cleaning Variance. If a food service facility
believes that quarterly pumping of their grease interceptor is
unnecessary in order to remain in compliance with the criteria of
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -25-
paragraph (4) above, the facility may make written application for
a variance from the monthly pumping requirements to the Director.
City employees will review cleaning maintenance records and
perform physical inspections of the interceptor as needed to verify
compliance with paragraph (4) above. The City will base the new
cleaning frequency schedule upon observed accumulation for the
User requesting the variance. All interceptors shall be cleaned at a
minimum of once every 180 calendar days.
6. Inspection. Grease interceptors may be inspected
by the City as necessary to assure compliance with this Ordinance
and to assure proper cleaning and maintenance schedules are being
adhered to.
7. Repairs. The food service facility shall be
responsible for the cost and scheduling of all repairs to its grease
interceptor(s). Repairs required by the City shall be completed
within 14 working days after the date of written notice of required
repairs is received by the facility or other schedule upon written
approval from the City.
8. Disposal. Wastes removed from each grease
interceptor shall be disposed of at a facility that is permitted to
receive such wastes. Grease or gray water shall not be returned to
any grease interceptor, private sewer line or to any portion of the
City's wastewater collection system.
9. Record keeping. Each food service facility shall
maintain records of the date and time of all cleaning and
maintenance of each grease trap, and shall make this record
available for inspection by the City on demand.
E. Other Interceptors.
1. Dischargers who operate automatic and coin -
operated laundries, car washes, filling stations, commercial garages
or similar businesses having any type of washing facilities
(including pressure washing and steam cleaning) or any other
dischargers producing grit, sand, oils, lint, or other materials which
have the potential of causing partial or complete obstruction of the
building side sewer or other areas in the POTW shall, upon order
of the Director, install approved interceptors, oil/water separators,
or tanks in accordance with specifications adopted by the City of
Edmonds such that excessive amounts of oil, sand and inert solids
are effectively prevented from entering the POTW.
2. Installation and Maintenance. All grease
interceptors, oil /water separators, settling tanks and grit traps shall
be properly installed, maintained and operated by the discharger at
his own expense. The installation shall be kept in continuous
operation at all times, and shall be maintained in a manner that
shall prevent fat waste, oil or grease, and inert solids from being
carried into the sewer system at all times. A service contractor
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -26-
qualified to perform such cleaning must perform cleaning. All
material removed shall be disposed of in accordance with all state
and federal regulations. Records and certification of maintenance
shall be made readily available to the Director for review and
inspection, and must be maintained for a minimum of three (3)
years.
3. If a failure to maintain settling tanks, grit
traps, grease interceptors, or oil/water separators results in partial
or complete blockage of the building sewer, private sewer system
discharging to the City sewer system, or other parts of the City
sewer system, or adversely affects the treatment or transmission
capabilities of the POTW, or requires excessive maintenance by
the City, or poses a possible health hazard, the discharger
responsible for the facilities shall be subject to the remedies herein,
including cost recovery, enforcement and penalties.
7.91.090 Deadline for Compliance with Applicable
Pretreatment Requirements.
A. Pretreatment Facilities for FOG. All restaurants,
cafes, lunch counters, delis, cafeterias, bars, or clubs, or hotel,
hospital, sanitariums, factory or school kitchens, butcher shops, or
other establishments where food (polar) grease may be introduced
to the sewer system which do not have grease interceptors, or do
not have adequately sized interceptors at the time of adoption of
the ordinance codified in this Chapter shall meet the requirement
for interception of grease, oils and fats by installing an approved
grease interceptor.
Approved grease interceptors shall be installed within 12
months of the adoption of the ordinance codified in this Chapter
for existing facilities identified by the Director as having a history
of causing problems in the City's collection system. Facilities that
must install approved grease interceptors within 12 months of
ordinance adoption will be notified in writing by the Director.
Existing facilities which are not so notified by the Director
shall have 18 months from the time of adoption of the ordinance
codified in this Chapter to install approved grease interceptors in
accordance with this Chapter.
B. Significant Industrial Users. Compliance by
existing sources (categorical Users) covered by Categorical
Pretreatment Standards shall be within 3 years of the date the
Standard is effective unless a shorter compliance time is specified
in the appropriate Standard. The Department shall establish a final
compliance deadline date for any categorical User when the local
limits for said User are more restrictive than EPA's Categorical
Pretreatment Standards.
New source dischargers, and "new Users" that are
determined to be SlUs, are required to comply with applicable
pretreatment standards within the shortest feasible time (not to
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -27-
exceed 90 days from the beginning of discharge). New Sources,
and "new Users" that are determined to be SIUs, 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.
7.91.100 Additional Pretreatment Measures.
A. Whenever deemed necessary, the Director may
require Users to restrict their discharge during peak flow periods,
designate that certain wastewater be discharged only into specific
sewers, relocate and/or consolidate points of discharge, separate
sewage wastestreams from industrial wastewater streams, and such
other conditions as may be necessary to protect the POTW and
determine the User's compliance with the requirements of this
Ordinance.
B. When determined necessary by the Director, each
User discharging into the POTW shall install and maintain, on his
property and at his expense, a suitable storage and flow - control
facility to insure equalization of flow. The Director may require
the facility to be equipped with alarms and a rate of discharge
controller, the regulation of which shall be determined by the
Director. A wastewater discharge permit, or Discharge
Authorization may be issued solely for flow equalization.
C. Grease, oil, and sand interceptors shall be provided
when, in the opinion of the Director, they are necessary for the
proper handling of wastewater containing excessive amounts of
grease and oil, or sand; except that such interceptors shall not be
required for residential Users. All interception units shall be of
type and capacity approved by the Director and shall be so located
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.
D. Users with the potential to discharge flammable
substances may be required to install and maintain an approved
combustible gas detection meter.
7.91.110 Accidental Discharge /Slug Control Plans.
A. The Director may require any User to install,
properly operate and maintain, at its own expense, facilities to
prevent slugloads or accidental discharges of pollutants to the
POTW. The Director may require Users to produce and/or
implement spill plans developed in compliance with applicable
OSHA, Health, Fire, and Department regulations applicable to
discharges to POTWs. Where deemed necessary by the Director,
facilities to prevent accidental discharge or slug discharges of
pollutants shall be provided and maintained at the User's cost and
expense. When such plans are required by the Director, they shall
contain at least the following elements:
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1. Description of discharge practices, including
non - routine 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 Chapters 7.91.010 through 7.91.040 of this Ordinance;
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 Edmonds Wastewater
Treatment Plant orally or in writing immediately upon the
occurrence of a slug load or "accidental discharge" of substances
regulated by this Ordinance. 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 or federal law.
C. Within seven (7) days following an accidental
discharge, the User shall submit to the Director 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 other liability which may be imposed by this
Ordinance or other applicable law.
D. Signs shall be permanently posted in conspicuous
places on the User's premises advising employees whom to call in
the event of a slug or accidental discharge. Employers shall
instruct all employees who may cause or discover such a discharge
with respect to emergency notification procedures.
7.91.120 Septic Tank Wastes.
No septic tank wastes shall be discharged to the POTW.
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Section 3. Title 7 of the Edmonds City Code is hereby amended by the addition of a new
Chapter 7.92 to provide in its entirety as follows:
CHAPTER 7.92 — WASTEWATER PRETREATMENT:
WASTEWATER DISCHARGE PERMIT
REQUIREMENTS
7.92.010 Requirements to Complete Industrial User Surveys.
7.92.020 Wastewater Discharge Permitting: Requirements for
Discharge.
7.92.030 Permit Requirements for Dangerous Waste
Constituents.
7.92.010 Requirements to Complete Industrial User Surveys.
The Director shall periodically notify new, existing, and
potential Users of the requirement to complete an Industrial User
Survey form. Upon notification, Users shall fully and accurately
complete the survey form, and return the completed form to the
Director within 30 days of receipt. Each User shall maintain a
copy of the latest completed survey form at their place of business.
Failure to fully or accurately complete a survey form or to
maintain the latest survey form on the premises where a
wastewater discharge is occurring shall be a violation of this
Ordinance.
7.92.020 Wastewater Discharge Permitting: Requirements for
Discharge.
A. No significant industrial User shall discharge
wastewater into the POTW without first obtaining a written
statement from the Director that the POTW has the hydraulic,
and/or loading capacity to accept the discharge. Each SILT must
also comply with the State requirements listed in Chapter 7.91.030,
and in particular, apply for and receive a wastewater discharge
permit from the Department which authorizes the discharge. The
Director may require proof of application as a condition of new or
continued discharge. Obtaining a wastewater discharge permit
does not relieve an SILT of its obligation to comply with all Federal
and State pretreatment standards or requirements or with any other
requirements of Federal, State, and local regulation including the
requirement for applying AKART.
B. The Director may require other Users, including
liquid waste haulers, to obtain wastewater discharge permits (as
necessary) to carry out the purposes of this Ordinance.
C. The Director may also establish, and require Users
by letter, permit, or rule, to implement those Best Management
Practices determined by the Director to be representative of
AKART, or to discontinue use of any substance for which an
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effective substitute is available which will either: (1) lessen the
potential for violating this Ordinance or any water quality standard,
or (2) may represent a significant decrease either singly, or in
combination with other similar Users, in the toxicity of pollutant
loadings to the POTW.
7.92.030 Permit Requirements for Dangerous Waste
Constituents.
Users discharging a wastestream containing dangerous
wastes as defined in Chapter 173 -303 WAC (listed, characteristic,
or criteria wastes) are required to comply with the following permit
provisions:
A. Obtain a written authorization to discharge the
waste from the Director, and either obtain specific authorization to
discharge the waste in a State Waste Discharge permit issued by
the Department, or accurately describe the wastestream in a
temporary permit obtained pursuant to 90.48.165 RCW. The
description shall include at least:
1. The name of the dangerous waste as set
forth in Chapter 173 -303 WAC, and the dangerous waste number;
2. The mass of each constituent expected to be
discharged.
3. The type of discharge (continuous, batch, or
other).
B. Compliance shall be obtained on the following
schedule:
1. Before discharge for new Users.
2. Within 30 days after becoming aware of a
discharge of dangerous wastes to the POTW for existing Users;
and
3. Within 90 days after final rules identifying
additional dangerous wastes or new characteristics or criteria of
dangerous waste are published for Users discharging a newly listed
dangerous waste.
Section 4. Title 7 of the Edmonds City Code is hereby amended by the addition of a new
Chapter 7.93 to provide in its entirety as follows:
CHAPTER 7.93 — WASTEWATER PRETREATMENT:
REPORTING REQUIREMENTS
7.93.010 Disclosure of Records.
7.93.020 Reports from Unpermitted Users.
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7.93.030 Reporting Requirements for Dangerous Waste
Constituents.
7.93.040 Record Keeping.
7.93.010 Disclosure of Records.
Each User shall have available at the location of discharge,
all records and reports required by this Ordinance, any applicable
State and Federal regulation, or any permit or order issued
thereunder. Each User shall make such records available for
review by the Director during business hours, when activities are
being conducted at the facility, and at all reasonable times. Failure
to comply with this provision is a violation of this Ordinance.
7.93.020 Reports from Unpermitted Users.
All Users not required to obtain a wastewater discharge
permit from the Department shall provide appropriate reports to
the City as the Director may require. The Director shall determine
the schedule and format of such reports, and the pollutant
properties, flow rates, and other pertinent information to be
reported.
7.93.030 Reporting Requirements for Dangerous Waste
Constituents.
Any User discharging 100 Kg or more of dangerous waste
in any calendar month to the POTW where the pollutants are not
reported through self monitoring under an applicable State Waste
Discharge permit, shall report to the Director and the Department,
the following information to the extent that it is known or readily
available to the User:
1. The name of the dangerous waste as set
forth in Chapter 173 -303 WAC, and the dangerous waste number;
2. The specific hazardous constituents;
3. The estimated mass and concentration of
such constituents in wastestreams discharged during the calendar
month;
4. The type of discharge (continuous, batch, or
other); and
5. The estimated mass of dangerous waste
constituents in wastestreams expected to be discharged in the next
12 months.
7.93.040 Record Keeping.
A. Users subject to this Ordinance shall retain, and
make available for inspection and copying, all records of
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information maintained to comply with this Ordinance, a State
Waste Discharge Permit, or approved Operations and Maintenance
procedures (inspections, lubrication, repair, etc.): Users subject to
monitoring activities shall keep records of all monitoring activities
whether required or voluntary.
B. Monitoring records shall include the date, exact
place, method, and time of sampling and the name of the person(s)
taking the samples; the dates analyses were performed; who
performed the analyses; the analytical techniques or methods used;
and the results of such analyses.
C. These records shall remain available for a period of
at least three (3) 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 Director.
Section 5. Title 7 of the Edmonds City Code is hereby amended by the addition of a new
Chapter 7.94 to provide in its entirety as follows:
CHAPTER 7.94 — WASTEWATER PRETREATMENT:
SAMPLING AND ANALYTICAL
REQUIREMENTS
7.94.010 Sampling Requirements for Users.
7.94.020 Analytical Requirements.
7.94.030 City Monitoring of User's Wastewater.
7.94.010 Sampling Requirements for Users.
A. Users which discharge to the Edmonds POTW shall
abide by all applicable wastewater monitoring requirements of this
Ordinance, any applicable Order, and any State or Federal
regulation or permit, including a State Waste Discharge or NPDES
permit. The Director may require self - monitoring as a requirement
of discharge to the POTW, or may conduct City monitoring of any
discharge to the POTW.
B. Samples should be taken immediately downstream
from pretreatment facilities if such exist or immediately
downstream from the regulated or manufacturing process if no
pretreatment exists or as determined by the City and/or contained
in the User's wastewater discharge permit. 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 CFR 403.6(e) in order to evaluate compliance with
the applicable National Categorical Pretreatment Standards. For
other SIUs which are required to sample, shall measure the flows
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and concentrations necessary to evaluate compliance with the
pretreatment standards and requirements.
C. Non - categorical Users: All other Users where
required to sample, shall measure the flows and pollutant
concentrations necessary to evaluate compliance with Pretreatment
Standards and Requirements.
D. Users that analyze wastewater samples shall record
and report with the sampling results, the information required in
Chapter 7.93.040(B). All required reports shall also 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 CFR
Part 136, it must submit all results of sampling and analysis of the
discharge with the next required wastewater discharge report.
Reports containing incomplete information shall not demonstrate
compliance with this Ordinance, or a wastewater discharge permit.
7.94.020 Analytical Requirements.
A. All pollutant analyses, including sampling
techniques, shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise specified in an
applicable categorical pretreatment standard. If 40 CFR 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 or the
Department.
B. All analyses required to be reported with the
exception of flow, temperature, settleable solids, conductivity, and
pH shall be performed by a laboratory registered or accredited
under the provisions of Chapter 173 -50 WAC. Laboratories must
be accredited for the analyses for which they are performing.
7.94.030 City Monitoring of User's Wastewater.
The City will follow the same procedures required of Users
described in Chapters 7.94.010 and 7.94.020 whenever conducting
wastewater sampling of any Industrial User when such sampling is
conducted to ensure compliance with this Ordinance and
applicable Pretreatment Standards and Requirements.
Section 6. Title of the Edmonds City Code is hereby amended by the addition of a new
Chapter 7.95 to provide in its entirety as follows:
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CHAPTER 7.95 WASTEWATER PRETREATMENT:
COMPLIANCE MONITORING
7.95.010 Inspection and Sampling.
7.95.020 Monitoring Facilities.
7.95.030 Search Warrants.
7.95.040 Vandalism.
7.95.010 Inspection and Sampling.
Continued connection and use of the Edmonds Municipal
sewer system shall be contingent on the right of the City to inspect
and sample all discharges into the system. The City shall have the
right to enter the facilities of any User for the purpose of the
enforcement of this Ordinance, and to determine that any
wastewater discharge permit or order issued hereunder, is being
met and whether the User is complying with all requirements
thereof. Users shall allow the Director 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 Director will be permitted to enter without delay for the
purposes of performing specific responsibilities.
B. The Director 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. It shall be the policy of the Director to inform the
Department of such activities where Users hold a State Waste
Discharge Permit in order to make the results of such sampling
available to the Department.
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 Director and shall not be replaced. The costs of clearing such
access shall be borne by the User.
D. Unreasonable delays or failure to allow the Director
access to the User's premises to perform functions authorized
under this Ordinance shall be a violation of this Ordinance.
7.95.020 Monitoring Facilities.
A. Any User notified by the Department or the City
that monitoring facilities are required, shall provide and operate at
its own expense a monitoring facility to allow inspection,
sampling, and flow measurements of each sewer discharge to the
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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 Director, whenever
applicable, may require the construction and maintenance of
sampling facilities at other locations, (for example, at the end of a
manufacturing line or wastewater treatment system).
B. There shall be ample room in or near such sampling
facility to allow accurate sampling, flow measurement and
preparation of samples for analysis. The facility, sampling, and
measuring equipment shall be maintained at all times in a safe and
proper operating condition at the expense of the User. All
monitoring facilities shall be constructed and maintained in
accordance with all applicable local construction standards and
specifications.
C. The Director may require the User to install
monitoring equipment as necessary. All devices used to measure
wastewater flow and quality shall be calibrated to ensure their
accuracy.
7.95.030 Search Warrants.
A. If the Director 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 this Ordinance, or that there is a need to inspect as part of a
routine inspection program of the City designed to verify
compliance with this Ordinance or any wastewater discharge
permit or order issued hereunder, or to protect the overall public
health, safety and welfare of the community, then the Director may
seek issuance of a search and/or seizure warrant from the Edmonds
Municipal Court or the Snohomish County Superior Court. Such
warrant shall be served at reasonable hours by the Director and
may be accomplished in the company of a uniformed police officer
of the City.
B. In the event the Director has reason to believe a
situation represents an imminent threat to public health and safety,
and where entry has been denied or the area is inaccessible, the
Director may enter in the company of a uniformed police officer,
before a requested warrant has been produced, in order to
determine if the suspected situation exists, and if so, to take such
actions necessary to protect the public.
7.95.040 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.
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Any person found in violation of this requirement shall be subject
to the sanctions set out in this Ordinance.
Section 7. Title of the Edmonds City Code is hereby amended by the addition of a new
Chapter 7.96 to provide in its entirety as follows:
CHAPTER 7.96 — WASTEWATER PRETREATMENT:
CONFIDENTIAL INFORMATION
Section 7.96.010 Confidential Information.
A. Information and data on a User obtained from
reports, surveys, wastewater discharge permit applications,
wastewater discharge permits, and monitoring programs, and from
City inspection and sampling activities, shall be available to the
public without restriction, unless the User specifically requests
confidentiality and demonstrates to the City's satisfaction that the
release would divulge information, processes or methods of
production entitled to confidentiality under applicable State law.
B. When requested and demonstrated by the User
furnishing a report that such information should be held
confidential, the City shall make reasonable efforts to protect the
portions of a report which might disclose trade secrets or secret
processes from inspection by the public, but shall be made
available immediately upon request to governmental agencies for
uses related to the NPDES program or pretreatment program, and
in enforcement proceedings involving the person furnishing the
report.
C. Wastewater constituents and characteristics and
other "effluent data" as defined by 40 CFR 2.302 will not be
recognized as confidential information and will be available to the
public without restriction.
Section 8. Title of the Edmonds City Code is hereby amended by the addition of a new
Chapter 7.97 to provide in its entirety as follows:
CHAPTER 7.97 — WASTEWATER PRETREATMENT:
ADMINISTRATIVE ENFORCEMENT
REMEDIES
7.97.010 State Responsibility for Administrative Actions.
7.97.020 Notification of Violation.
7.97.030 Consent Orders.
7.97.040 Compliance Orders.
7.97.050 Show Cause Hearing.
7.97.060 Cease and Desist Orders.
7.97.070 Emergency Suspensions.
7.97.080 Termination of Discharge (Non- Emergency).
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7.97.090 Appeal Procedures.
7.97.010 State Responsibility for Administrative Actions.
The Department is charged with permitting and regulating
SIUs discharging to the City's POTW. Except for emergency
actions, it shall be the policy of the Director to coordinate actions
in regard to control of such Users with the Department until such
time as a local pretreatment program for the City may be
authorized by the State. Failure to conduct such coordination,
however, shall not invalidate any action of the City authorized by
this Ordinance.
7.97.020 Notification of Violation (NOV).
A. When the Director finds that a User has violated (or
continues to violate) any provision of this Ordinance, or an Order
issued hereunder, or any other pretreatment standard or
requirement, the Director may serve upon that User a written
Notice of Violation (NOV). The Director may select any means of
service that is reasonable under the circumstances.
B. Within ten (10) days of the receipt of the NOV, an
explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required
actions, shall be submitted by the User to the Director. Submission
of this plan in no way relieves the User of liability for any
violations occurring before or after receipt of the NOV. Nothing in
this Chapter shall limit the authority of the City to take any action,
including emergency actions or any other enforcement action,
without. first issuing an NOV.
7.97.030 Consent Orders.
The Director may enter into Consent Orders, assurances of
voluntary compliance, or other similar documents establishing an
agreement with any User responsible for non - compliance. Such
documents will include specific action to be taken by the User to
correct the non - compliance within a time period specified by the
document. Such documents shall have the same force and effect as
the administrative orders issued pursuant to Sections 7.97.040 and
7.97.060 of this Chapter 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.
7.97.040 Compliance Orders.
A. Whenever the Director finds that a User has
violated, or continues to violate, any provision of this Ordinance,
or Order issued hereunder, the Director may issue a Compliance
Order to the User responsible for the violation. The order shall
direct that. adequate pretreatment facilities, devices, or other related
appurtenances be installed and properly operated and maintained.
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The order shall specify that wastewater services, including
collection and treatment, shall be discontinued and/or applicable
penalties imposed unless, following a specified time period, the
directed actions are taken.
B. Compliance Orders may also contain such other
requirements as might be reasonably necessary and appropriate to
address the violation or non - compliance, including, but not limited
to, the installation of pretreatment technology, additional self -
monitoring, and management practices designed to minimize the
amount of pollutants discharged to the POTW. A Compliance
Order may not extend the deadline for compliance beyond any
applicable State or Federal deadlines, nor does an order release the
User from liability from any past, present, or continuing
violation(s). Issuance of a Compliance Order shall not be a
prerequisite to taking any other action against the User.
7.97.050 Show Cause Hearing.
The Director may order a User which has violated or
continues to violate, any provision of this Ordinance, or order
issued hereunder, or any other pretreatment standard or
requirement, to appear before the Director and show cause why a
proposed enforcement action should not be taken. Notice shall be
served on the User specifying the time and place for the meeting,
the proposed enforcement action, the reasons for such action, and a
request that the User 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 ten (10) days prior to the hearing. Such notice
may be served on any authorized representative of the User. A
show cause hearing shall not be a bar against, or prerequisite for,
taking any other action against the User.
7.97.060 Cease and Desist Orders.
A. When the Director finds that a User has violated (or
continues to violate) any provision of this Ordinance, or order
issued hereunder, or any other pretreatment standard or
requirement, or that the User's past violations are likely to recur,
the Director may issue an order to the User directing it to cease and
desist all such violations and directing the User to:
1. Immediately cease such actions or
discharges as described;
2. Comply with all applicable pretreatment
standards and requirements;
3. 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.
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B. Issuance of a cease and desist order shall not be a
bar against, or a prerequisite for, taking any other action against
the User.
7.97.070 Emergency Suspensions.
A. The Director may immediately suspend a User's
discharge after oral or written notice to the User whenever such
suspension is necessary to stop an actual or threatened discharge
that reasonably appears to present or cause an imminent or
substantial endangerment to the public health or welfare.
B. The Director 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.
C. 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 Director 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 Director may 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 Section 7.97.080 of this Chapter are
initiated against the User.
D. It shall be unlawful for any person to prevent or
attempt to prevent the Director and/or City from terminating
wastewater collection and treatment services in an emergency
situation, by barring entry, by physically interfering with City
employees or contractors, or by any other means.
E. 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 Director prior to the date of any show cause or
termination hearing under Sections 7.97.050 and 7.97.080 of this
Chapter.
Nothing in this Chapter shall be interpreted as requiring a
hearing prior to any emergency suspension under this Chapter.
7.97.080 Termination of Discharge (Non- Emergency).
A. The Director shall have authority to terminate
wastewater services, including collection and treatment, through
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the issuance of a Termination Order to any User upon determining
that such User has:
1. Refused access allowed by this Ordinance
thereby preventing the implementation of any purpose of this
Ordinance;
2. Violated any provision of this Ordinance
including the discharge prohibitions and standards of Chapter 7.91;
or
3. Violated any lawful order of the City issued
with respect to this Ordinance.
B. For Users holding permits to discharge to the City
POTW, violation of the following conditions is also grounds for
terminating discharge services:
1. Violation of wastewater discharge permit
conditions;
2. Failure to accurately report the wastewater
constituents and characteristics of its discharge;
3. Failure to report significant changes in
operations or wastewater volume, constituents and characteristics
prior to discharge;
C. Such User will be notified of the proposed
termination of its discharge and be offered an opportunity to show
cause 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.
7.97.090 Appeal Procedures.
A. Appeals.
1. Any User seeking to dispute a Notice of
Violation, order, fine, or other action of the Director may file an
appeal.
2. The appeal must be filed in writing and
received by the Director, in writing, within ten (10) days of the
receipt of the disputed action. If the Director does not receive the
notice of appeal within the 10 -day period, the right to an appeal is
waived. The notice of appeal shall state with particularity the basis
upon which the appellant is disputing the action taken.
3. Upon receipt of a timely appeal, the Director
shall set a date and time for an appeal hearing before the City of
Edmonds Hearing Examiner, but in no case shall the hearing be set
more than thirty (30) days from the receipt of the timely notice of
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appeal. The appellant shall be notified in writing of the date, time,
and place for the appeal hearing.
B. Appeal Hearing.
1. The hearing examiner may admit and give
probative effect to evidence that possesses probative value
commonly accepted by reasonably prudent men in the conduct of
their affairs. The hearing examiner shall give effect to the rules of
privilege recognized by law. The hearing examiner may exclude
incompetent, irrelevant, immaterial and unduly repetitious
evidence. Factual issues shall be resolved by a preponderance of
evidence.
2. Documentary evidence may be received in
the form of copies or excerpts or by incorporation by reference.
3. Every party shall have the right to cross
examine witnesses who testify and shall have the right to submit
rebuttal evidence; provided, that the hearing examiner may control
the manner and extent of the cross examinations and rebuttal.
4. The hearing examiner may take notice of
judicially cognizable facts.
C. Appeal Conclusion.
At the conclusion of the hearing, the hearing examiner shall
determine if the disputed action was proper, and shall approve,
modify, or rescind the disputed action. The final determination of
the hearing examiner shall be in writing, and all parties shall be
provided a copy of the final determination.
D. Judicial Review of Appeal.
1. Any party, including the City, the
Washington State Department of Ecology, the United States
Environmental Protection Agency, or the User /appellant, is entitled
to review of the hearing examiner's final determination in the
Snohomish County Superior Court; PROVIDED, that any petition
for review shall be filed no later than thirty (30) days after date of
the final determination.
2. Copies of the petition for review shall be
served as in all civil actions.
3. The filing of the petition shall not stay
enforcement of the final determination except by order of the
superior court and on posting of a bond to be determined by the
court naming the City as beneficiary.
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -42-
Section 9. Title of the Edmonds City Code is hereby amended by the addition of a new
Chapter 7.98 to provide in its entirety as follows:
CHAPTER 7.98 — WASTEWATER PRETREATMENT:
}
JUDICIAL ENFORCEMENT REMEDIES
7.98.010 Injunctive Relief.
7.98.020 Civil Penalties.
7.98.030 Criminal Prosecution.
7.98.040 Remedies Non - exclusive.
7.98.010 Injunctive Relief.
When the Director finds that a User has violated or
continues to violate any provision of this Ordinance, a wastewater
discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Director may petition the
Snohomish County Superior Court through the City's Attorney for
the issuance of a temporary or permanent injunction, as
appropriate, which restrains or compels the specific performance
of the wastewater discharge permit, order, or other requirement
imposed by this Ordinance 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. Injunctive relief shall be
nonexclusive to other remedies available to the City.
7.98.020 Civil Penalties.
A. A User which has violated or continues to violate
any provision of this Ordinance, or order issued hereunder, or any
other pretreatment standard or requirement not reserved by a
permit by the Department shall be liable to the City for a maximum
civil penalty of $10,000 per violation. Said $10,000 penalty shall
represent the standard penalty amount, absent the Director's
determination of mitigating circumstances as provided in
subsection (C) of this Section. Each day that any such violation
exists or continues to exist shall constitute a separate violation. 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 Director may recover reasonable attorneys'
fees, court costs, and other expenses associated with enforcement
activities, including sampling and monitoring expenses, as well as
the cost of any actual damages incurred by the City.
C. In determining the appropriate amount of civil
liability, the Director in his or her sole discretion may consider
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -43-
relevant circumstances, including but not limited to the extent of
harm caused by the violation, the magnitude and duration of the
violation, 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.
7.98.030 Criminal Prosecution.
A. A User who violates any provision of this
Ordinance, a wastewater discharge permit, or any other
pretreatment standard or requirement shall, upon conviction, be
guilty of a gross misdemeanor, punishable by a fine of not more
than $5,000 and/or one year in jail. Each day a violation occurs
shall constitute a separate offense.
B. A User who introduces any substance into the
POTW which causes personal injury or property damage shall,
upon conviction, be guilty of a gross misdemeanor and be subject
to a penalty of not more than $5,000 and/or one year in jail. Each
day a violation occurs shall constitute a separate offense. This
penalty shall be in addition to any other cause of action for
personal injury or property damage available under State law.
C. A User who knowingly makes any false statements,
representations, or certifications in any application, record, report,
plan, or other documentation filed, or required to be maintained,
pursuant to this Ordinance, or order issued hereunder, or who
falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this Ordinance shall,
upon conviction, be guilty of a gross misdemeanor, and punished
by a fine of not more than $5,000 and /or one year in jail. Each.day
a violation occurs shall constitute a separate offense.
D. In addition, the User shall be subject to all other
applicable laws and regulations, including but not limited to:
1. The provisions of 18 USC Section 1001
relating to fraud and false statements;
2. The provisions of Sections 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.
7.98.040 Remedies Non - exclusive.
The provisions in this Ordinance are not exclusive
remedies. The City reserves the right to take any, all, or any
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -44-
combination of these actions concurrently or sequentially against a
non - compliant User or to take other actions as warranted by the
circumstances.
Section 10. Title of the Edmonds City Code is hereby amended by the addition of a new
Chapter 7.99 to provide in its entirety as follows:
CHAPTER 7.99 — WASTEWATER PRETREATMENT:
SUPPLEMENTAL ENFORCEMENT
ACTION
7.99.010 Performance Bonds.
7.99.020 Financial Assurances.
7.99.030 Water Supply Severance.
7.99.040 Public Nuisances.
7.99.050 Contractor Listing.
7.99.010 Performance Bonds and Liability Insurance.
The Director may decline to reinstate wastewater collection
and treatment service to any User whose wastewater services were
suspended or terminated under the provisions of this Ordinance,
unless such User, at the sole discretion of the Director, either: (1)
first files with the City a satisfactory bond, payable to the City, in a
sum not to exceed a value determined by the Director to be
necessary to achieve consistent compliance; or (2) first submits
proof that the User has obtained financial assurances sufficient to
restore or repair POTW damage caused by its discharge.
7.99.020 Financial Assurances.
The Director may decline to reinstate wastewater collection
and treatment service to any User whose wastewater services were
suspended or terminated under the provisions of this Ordinance,
unless such User first submits proof that it has obtained financial
assurances sufficient to meet pretreatment requirements, and/or
restore or repair damage to the POTW caused by its discharge.
7.99.030 Water Supply Severance.
Whenever a User has violated or continues to violate an y
provision of this Ordinance, a wastewater discharge permit 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.
7.99.040 Public Nuisances.
A violation of any provision of this Ordinance, wastewater
discharge permit, or order issued hereunder, or any other
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -45-
pretreatment standard or requirement, is hereby declared a public
nuisance and may be corrected or abated as directed by the
Director.
7.99.050 Contractor Listing.
To the extent consistent with applicable state law, Users
that have not achieved compliance with applicable pretreatment
standards and requirements are not eligible to receive a contractual
award for the sale of goods or services to the City. Existing
contracts for the sale of goods or services to the City held by a
User found to be in significant non - compliance with pretreatment
standards or requirements may, to the extent consistent with
applicable state law, be terminated at the discretion of the City.
Section 11. Title 7 of the Edmonds City Code is hereby amended by the addition of a
new Chapter 7.100 to provide in its entirety as follows:
CHAPTER 7.100 — WASTEWATER PRETREATMENT:
AFFIRMATIVE DEFENSES TO
DISCHARGE VIOLATIONS
7.100.010 Upset.
7.100.020 Prohibited Discharge Standards.
7.100.030 Bypass.
7.100.010 Upset.
A. Users shall control production of all discharges to
the extent necessary to maintain compliance with applicable
pretreatment standards upon reduction, loss, or failure of its
treatment facility until the facility is restored or an alternative
method of treatment is provided. This requirement applies in the
situation where, among other things, the primary source of power
of the treatment facility is reduced, lost, or fails.
B. For the purposes of this Chapter, an upset does not
include non - compliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper
operation.
C. An upset shall constitute an affirmative defense to
an action brought for non - compliance with applicable pretreatment
standards if the requirements of paragraph (D) are met.
D. A User who wishes to establish the affirmative
defense of upset to an enforcement action brought for non-
compliance with applicable pretreatment standards shall
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -46-
demonstrate, through properly signed, contemporaneous operating
logs, or other relevant evidence that:
1. An upset occurred and the User can identify
the cause(s) of the upset; and it was not due to improperly designed
or inadequate treatment facilities, lack of preventive maintenance,
or careless or improper operation;
2. The facility was at the time being operated
in a prudent and workman-like manner and in compliance with
applicable operation and maintenance procedures; and
3. The User has submitted the following
information to the POTW and treatment plant operator within
twenty four (24) hours of becoming aware of the upset [if this
information is provided orally, a written submission must be
provided within five (5) days]:
a. A description of the indirect
discharge and cause of non - compliance;
b. The period of non - compliance,
including exact' dates and times or, if not corrected, the anticipated
time the non - compliance is expected to continue; and
C. Steps being taken and/or planned to
reduce, eliminate, and prevent recurrence of the non - compliance.
E. In any enforcement proceeding, the User seeking to
establish the occurrence of an upset shall have the burden of proof.
F. Users will have the opportunity for a judicial
determination on any claim of upset only in an enforcement action
brought for non - compliance with applicable pretreatment
standards.
7.100.020 Prohibited Discharge Standards.
A User shall have an affirmative defense to an enforcement
action brought against it for non - compliance with the prohibitions
in Chapter 7.91.010(A) and (B)(3) -(7) if it can prove that it did not
know, or have reason to know, that its discharge, alone or in
conjunction with discharges from other sources, would cause pass
through or interference and that either: (a) a local limit exists for
each pollutant discharged and the User was in compliance with
each limit directly prior to, and during, the pass through or
interference; or (b) no local limit exists, but the discharge did not
change substantially in nature or constituents from the User's prior
discharge when the City was regularly in compliance with its
NPDES permit, and in the case of interference, was in compliance
with applicable sludge use or disposal requirements.
7.100.030 Bypass.
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -47-
A. For the purposes of this Chapter, "severe property
damage" means substantial physical damage to property, damage
to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in
production.
B. A User may allow any bypass to occur which does
not cause applicable pretreatment standards or requirements to be
violated, but only if it also is for essential maintenance to assure
efficient operation. Such bypasses are not subject to 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 ten (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 twenty -four (24) hours from the time it becomes
aware of the bypass. A written submission shall also be provided
within five (5) 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 twenty -four
(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 back -up equipment should have been installed in the
exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or
preventive maintenance; and
C. The User submitted notices as
required under subsection (C) of this Section.
2. The POTW may approve an anticipated
bypass, after considering its adverse effects, if the POTW
determines that it will meet the three conditions listed in paragraph
(D)(1) of this subChapter.
{JZC520709.DOC;2 /00006.900180/ )7/8/2002 -48-
Section 12. Title 7 of the Edmonds City Code is hereby amended by the addition of a
new Chapter 7.101 to provide in its entirety as follows:
CHAPTER 7.101— WASTEWATER PRETREATMENT:
[RESERVED]
Section 13. Title 7 of the Edmonds City Code is hereby amended by the addition of a
new Chapter 7.102 to provide in its entirety as follows:
CHAPTER 7.102 — WASTEWATER PRETREATMENT:
MISCELLANEOUS PROVISIONS
7.102.010 Pretreatment Charges and Fees.
7.102.020 Severability.
7.102.030 Conflicts /Repeal.
7.102.040 Non - Liability.
7.102.050 Savings.
7.102.010 Pretreatment Charges and Fees.
A. General Charges and Fees
1. The following fees relate solely to the
matters covered by this Ordinance and are separate from all other
rates or charges for sewer service; PROVIDED, that the City shall
collect said charges in the same manner as other sewer utility rates
are collected, including but not limited to the sewer lien procedures
provided under 35.67 RCW. A fee schedule containing all
applicable charges shall be maintained on file at the City Clerk's
office.
2. Fees may include:
a. Fees for monitoring, inspection,
surveillance and enforcement procedures including the cost of
collection and analyzing a User's discharge;
b. Fees for reviewing and responding to
accidental discharge procedures and construction;
C. Fees for preparing and executing
enforcement action;
d. Fees for filing appeals;
e. Fees for High Strength Waste and
Industrial Process flow; and
f. Other fees as the City may deem
necessary to carry out the requirements contained herein.
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -49-
3. All fees or charges will be collected by
direct billing. Unless the Director has been made aware of
extenuating circumstances that would prevent prompt payment, all
fees are payable within 30 days of the billing. Fees past due will
be considered a violation of this Ordinance. Users not paying fees
within 60 days of the billing period will be subject to termination
of service. The Director may change existing or adopt new fees.
B. High Strength Waste Surcharge
1. Monthly Fee for BOD and Suspended
Solids. Rates for strength of industrial wastewater from High
Strength Users are established for each pound of BOD and
suspended solids as authorized by Chapter 7.91.060.
2. Sampling of Industrial wastewater. The
samples taken shall be twenty -four hour composite samples,
obtained through flow - proportioned composite samples, where
feasible. Charges shall apply as specified in subsection (3) of this
Section, as determined on the basis of at least one twenty -four hour
flow proportioned or timed sample analysis to be obtained twice
per month and such analyses averaged for each month; provided, a
new average for strength of industrial wastewater may be
computed, regardless of previous averages, when changes in
preliminary treatment or industrial process changes have been
made which are expected to significantly change the average
strength of wastes.
3. Surcharge Fee. Users having effluent
concentrations of BOD and/or TSS in excess of 250 mg/L will be
billed a High Strength Waste Surcharge fee. The surcharge rate is
$0.158736 per pound of BOD or TSS. The Director may establish
new rates based upon the cost of conveyance and treatment in the
POTW.
C. Industrial Flow Surcharge. An Industrial flow
surcharge will be billed to Significant Industrial Users and
Categorical Users (and may be billed to other Users where deemed
appropriate by the Director). This charge is based upon measured
volume of total sewage or metered water consumption, as
determined by the Director. The surcharge rate is $0.19 per 1000
gallons industrial wastewater flow. The Director may establish
new rates based upon the cost of conveyance and treatment in the
POTW.
D. Billing. Sewer use service charges under this
Chapter shall be billed monthly by the City Director of Finance.
The amount of the charge will be determined by the Director at the
end of each month and will be submitted to the City Director of
Finance after sufficient time has been given for laboratory analysis
of all sewage samples and/or computations. Charges will be
computed and billed based on records of flow from the previous
month and mean waste strengths as determined in subsections (B)
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -50-
and (C) of this Section. The Director may check sewage strength
as outlined in this Chapter and adjust charges where applicable at
any time in accordance with all the provisions of this Chapter.
7.102.020 Severability.
Should any Chapter, subChapter, paragraph, sentence, clause or
phrase of ECC Chapters 7.90 -.102 or its application to any person
or situation be declared unconstitutional or invalid for any reason,
such decision shall not affect the validity of the remaining portions
of this Ordinance or its application to any other person or situation.
The City Council of the City of Edmonds hereby declares that it
would have adopted this Ordinance and each Chapter, subChapter,
sentence, clause, phrase or portion thereof irrespective of the fact
that any one or more Chapters, subChapters, clauses,, phrases or
portions be declared invalid or unconstitutional.
7.102.030 Conflicts.
In the event of any inconsistency between the provisions of this
Ordinance and any other City regulation, the provisions of this
Ordinance shall govern to the extent of such inconsistency.
7.102.040 Non - Liability.
It is the specific intent of this Ordinance to place the obligation of
complying with these regulations upon the applicant or User and
no provision nor any term used in this Ordinance is intended to
impose any duty whatsoever upon the City or any of its officers,
employees or agents, except as provided under the Act or other
related statutes of the United States or the State of Washington.
Nothing contained in this Ordinance is intended to be nor shall be
construed to create or form the basis for any tort liability on the
part of the City or its officers, employees or agents, for any injury
or damage resulting from the failure of an applicant or User to
comply with the provisions of this Ordinance, or by reason or in
consequence of any inspection, notice, order, certificate,
permission or approval authorized or issued or done in connection
with the implementation or enforcement of this Ordinance, or
inaction on the part of the City related in any manner to the
implementation or the enforcement of this Ordinance by its
officers, employees or agents.
7.102.050 Savings.
The enactments of this Ordinance shall not affect any case,
proceeding, appeal or other matter currently pending in any court
or in any way modify any right or liability, civil or criminal, which
may be in existence on the effective date of this Ordinance.
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -51 -
Section 14. Repealer. Chapter 6.50 of the Edmonds City Code is hereby repealed in its
entirety.
Section 15. Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MAvbR GAA`k HAAKENSON
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 06/28/2002
PASSED BY THE CITY COUNCIL: 07/02/2002
PUBLISHED: 07/10/2002
EFFECTIVE DATE: 07/15/2002
ORDINANCE NO. 3401
{JZL520709.DOC;2/00006.900180/ }7/8/2002 -52-
SUMMARY OF ORDINANCE NO. 3401
of the City of Edmonds, Washington
On the 2nd day of July, 2002, the City Council of the City of Edmonds, passed
Ordinance No. 3401. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING
TITLE 7 OF THE EDMONDS CITY CODE BY ADDING NEW CHAPTERS 7.90,
7.91, 7.92, 7.93, 7.94, 7.95, 7.96, 7.97, 7.98, 7.99, 7.100, 7.101 AND 7.102 THERETO;
ESTABLISHING UNIFORM REQUIREMENTS FOR USERS OF THE CITY'S
PUBLICLY OWNED TREATMENT WORKS; REPEALING CHAPTER 6.50 OF THE
EDMONDS CITY CODE; AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 3rd day of July, 2002.
'X/ zx'e-�
CITY CLERK, SANDRA S. CHASE
This Ordinance shall be in full force and effect immediately following its passage,
approval and publication, as provided by law.
{JZL520709.DOC;2/00006.900180/}
Affidavit of Publication
STATE OF WASHINGTON, 1
COUNTY OF SNOHOMISH f
S.S.
SUMMARY OF ORDINANCE NO. 340 1
of the Uily of Edmonds, Washington
On the 2nd dayy of July, 2002, the City Council of. the
City of. Edrtwnds, passed Ordinance No. 3401. A
summary of the content of said ordinance, consisting of .
the title, provides as, follows:
The undersigned, being first duly sworn on oath deposes and says that she is
AN ORDINANCE OF THE CITY OF EDMONDS,
OF
WASHINGTON,' TITLE 7 OF THE
EDMONDS CITY CODE BY ADDING NEW I
Principal Clerk of THE HERALD, a daily newspaper printed and published
CHAPTERS 7.90, 7.91, 7.92, 7.93, 7.94, 7.95, 7.96, I
7.97, 7.98, 7.99, 7.100, 7.101 AND 7.102 THERETO;
ESTABLISHING UNIFORM REQUIREMENTS FOR
in the City of Everett, County of Snohomish, and State of Washington; that
USERS OF THE CITY'S PUBLICLY OWNED
TREATMENT WORKS; REPEALING CHAPTER 6.50
OF THE EDMONDS CITY CODE; AND FIXING A
said newspaper is a newspaper of general circulation in said County and
TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon
State; that said newspaper has been approved as a legal newspaper by order
request.
DATED this 3rd day of July, 2002.
CITY CLERK, SANDRA S. CHASE
of the Superior Court of Snohomish County and that the notice
This Ordinance shall be in full force and effect
immediately following its passage, approval and
publication, as provided by law.
2002.
Published: July 10,
._�
City of Edmonds
Summary of Ordinance No. 3401
a printed copy of which is hereunto attached, was published in said newspaper
proper and not in supplement form, in the regular and entire edition of said
paper on the following days and times, namely:
JuYy 10, 2002
and that said newspaper was regularly distributed to its subscribers during
all of said eriod.
/ Principal Clerk
Subscribed and sworn to before me this 10th
day of
Everett, Snohomish
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EDMONDS CITY CLERK