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Ordinance 34870006.900000 1/28/04 JZL ORDINANCE NO. 3487 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTERS 7.90, 7.91, 7.92, 7.94 AND 7.102 OF THE EDMONDS CITY CODE; CLARIFYING THE APPLICABILITY OF PRETREATMENT STANDARDS AND REGULATIONS TO EXISTING AND NEW FACILITIES; REVISING CERTAIN CODIFIED DEFINITIONS FOR SAID STANDARDS AND REGULATIONS; ESTABLISHING COMPLIANCE DEADLINES FOR REGULATED FACILITIES; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Edmonds City Council adopted Ordinance No. 3401 in order to establish a comprehensive regulatory framework for discharges to the City's publicly owned treatment works (POTW); and WHEREAS, the City Council desires to amend said regulations for the purpose of revising the codified definitions therefore, establishing compliance deadlines for regulated entities, and clarifying the extent to which mandatory pretreatment equipment requirements apply to new and existing facilities, respectively; and WHEREAS, the amendments effected hereby will minimize the financial impact of the City's pretreatment regulations upon local businesses while still ensuring the continued protection of the POTW; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: {JZL562050.DOC;1 /00006.900000/1 1 - 1 - Section 1. Amendment of ECC 7.90.030. Section 7.90.030 of the Edmonds City Code is hereby amended to provide in its entirety as follows: 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 be 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, if authority to {JZL562050.D0C;1 /00006.900000/} - 2 - 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 (current edition); 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. M. Categorical User. A User covered by one or more of the EPA's Categorical Pretreatment Standards. {JZL562050.DOC;1 /00006.900000/} - 3 - N. City. The City of Edmonds, Washington. .0. 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 (DOE) 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 applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. {JZL562050.DOC;1 /00006.900000/} - 4 - 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, (current edition). 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 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. 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. 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 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 {JZL562050.DOC;1 /00006.900000/} - 5 - 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 to the sewer system. Al. 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. The Code of Federal Regulations Title 40 Part 503, Standards for the Use or Disposal of Sewage Sludge; d. Any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA; e. The Clean Air Act; f. The Toxic Substances Control Act; g. And the Marine Protection, Research, and Sanctuaries Act. AJ. Lateral. That portion of the sewage conveyance system from the point it exits the User's facility to the point where it connects to the POTW main line. Also known as a Side Sewer. {JZL562050.D0C;1 /00006.900000/} - 6 - AK. 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. AL. Maximum Allowable Discharge Limit. The maximum concentration (or loading) of a pollutant allowed to be discharged at any time. AM. May. A permissive or discretionary directive. AN. 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. AO. 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; {JZL562050.DOC;1 /00006.900000/} - % - i. any placement, assembly, or installation of facilities or equipment; or ii. significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or 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. AP. New User. A "new User" is not necessarily 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. AQ. 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. AR. 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. AS. Permittee. A person or User issued a wastewater discharge permit or discharge authorization. AT. 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. AU. 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). {JZL562050.DOC;1 /00006.900000/1 - 8 - AV. 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 waters harmful, detrimental or injurious to any beneficial uses, terrestrial or aquatic life, or to public health, safety or welfare. AW. 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). AX. 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. AY. 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. AZ. Process Wastewater. Industrial wastewater minus Cooling Water/Non- Contact Cooling Water. BA. 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. BB. 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. BC. Sanitary Flow. Sewage. BD. Septic Tank Waste. Any domestic and/or residential sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. {JZL562050.DOC;1 /00006.900000/} - 9 - BE. 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. BF. Sewer. Any pipe, conduit, ditch, or other device used to collect and transport sewage from the generating source. BG. Shall. A mandatory directive. BH. Side Sewer. See Lateral. BI. Significant Industrial User (SIU). standards; or 1. A User subject to categorical pretreatment 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. BJ. 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; {JZL562050.DOC;1 /00006.900000/} _10- 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 pollutants except pH]; 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. BK. 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. BL. 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. BM. State. The State of Washington. {JZL562050.DOC;1 /00006.900000/1 - 11 - BN. Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. BO. 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, (current edition). BP. 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. BQ. Treatment Plant Effluent. The discharge from the City's POTW. BR. 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. BS. User or Industrial User. A source of indirect discharge. The source shall not include "domestic User" as defined herein. BT. 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. BU. 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. BV. 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. BW. Zero Discharge Permit. A permit for a Categorical User that operates its processes so that no Industrial wastewater is discharged to the POTW. {JZL562050.DOC;1 /00006.900000/} -12- Section 2. Amendment of ECC 7.90.040. Section 7.90.040 of the Edmonds City Code is hereby amended to provide in its entirety as follows: 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 I ......................liter LEL ................Lower Explosive Limit 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 OSHA .............Occupational Safety and Health Administration 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 SILT .................Significant Industrial User SNC ................Significant Non - Compliance SWDA ............ Solid Waste Disposal Act, Chapter 70.95 RCW TSS .................Total Suspended Solids UPC ................Uniform Plumbing Code 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 3. Amendment of ECC 7.91.040. Section 7.91.040 of the Edmonds City Code is hereby amended to provide in its entirety as follows: 7.91.040 Local Limits. {JZL562050.DOC;1 /00006.900000/} -13- 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 2.98 mg /L cyanide 0.29 mg/L lead 1.09 mg /L mercury 0.07 mg/L nickel 2.14 mg /L silver 1.44 mg /L zinc 5.13 mg /L nonpolar fats, oils, and grease (NPFOG) 100 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. Section 4. Amendment of ECC 7.91.080. Section 7.91.080 of the Edmonds City Code is hereby amended to provide in its entirety as follows: 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. {JZL562050.DOC;1 /00006.900000/} -14- 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 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, oil, and grease. Such pretreatment facilities shall be either a grease interceptor or grease trap as determined by the Director, 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. {JZL562050.DOC;1 /00006.900000/} - 15 - 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. A plumbing permit is required for the installation of a grease trap. Fee schedule on file with City Clerk's office. 9. 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 and subsequent discharge of food wastes into the POTW is prohibited. Dry scraping 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. A food or garbage disposal unit, if used, must be connected to a grease interceptor, which may require more frequent cleaning due to the increased solid waste load. A food or garbage disposal unit shall not be used in a facility that is served by a grease trap. For purposes of this section, a food or garbage disposal unit is any device designed to chop, cut, or grind food and other waste material and discharge such waste to the wastewater drainage system. 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. The Director will determine the type of grease removal equipment required according to the following criteria: a. For new facilities: After February 16, 2004; food service facilities which are newly proposed or constructed, or existing facilities which will be expanded or renovated to include a food service facility where such facility did not previously exist, shall be required to install, operate and maintain a grease interceptor. The Director may, in his or her sole discretion, allow new facilities to install a grease trap instead of a grease interceptor according to the following criteria: i. A grease trap may be utilized instead of a grease interceptor if it is demonstrated to the satisfaction of the Director that the installation of a grease interceptor is physically impracticable. For purposes of this determination, "physically impracticable" shall include, but is not necessarily limited to, the following conditions: (1) the lack of {JZL562050.DOC;1 /00006.900000/} -16- available space on the premises; (2) unavoidable interference from underground utilities or structures; and (3) topographical conditions such as slope that unavoidably prevent installation of a grease interceptor. ii. A grease trap may be utilized instead of a grease interceptor if both of the following conditions are present: (1) the City's interceptor sizing formula results in a required capacity of 500 gallons or less for the facility; and (2) the facility has a seating capacity of 60 or less; provided, that if either condition subsequently ceases to exist, the Director may require said facility to install a grease interceptor. Notwithstanding the above, nothing herein shall be construed as requiring the Director to allow a grease trap in lieu of a grease interceptor. b. For existing facilities: Subject to the provisions of this subsection, food service facilities operating prior to February 16, 2004, shall be permitted to install, operate, and maintain grease traps that are properly sized and installed according to the City's guidelines in lieu of grease interceptors. However, the Director may, in his or her sole discretion, require an existing facility to install a grease. interceptor if the facility meets one or both of the following conditions: (1) continues to deposit FOG in the wastewater collection system; or (2) repeatedly violates BMPs or maintenance standards. L Continued FOG deposition: The facility shall be notified in writing by the Director if it must upgrade to a properly sized and installed grease trap. Immediately following the allowable period for installation and upgrade, the Director may begin evaluation of performance and FOG removal effectiveness by inspection of the affected sewer main line and lateral or by other appropriate means. If the facility is found to still be contributing FOG in quantities and at a projected deposition rate sufficient to necessitate cleaning the affected portion of the City's wastewater collection system more frequently than once every five years, or if the lateral continues to require cleaning one or more times per year to prevent grease blockages, then the Director may require installation of a grease interceptor. ii. Violation of maintenance standards or BMPs: If the facility demonstrates an unwillingness or incapacity to apply appropriate BMPs or to conduct proper grease trap maintenance by receiving four or more written notices {JZL562050.DOC;1 /00006.900000/} - 17 - of violation within a twelve month period, or six or more within a 24 month period, then the Director may require installation of a grease interceptor in addition to or in lieu of any other fees, penalties, or other enforcement action. iii. The Director. shall give written notification to a facility that is required to install a grease interceptor and shall require such installation to be completed within twelve months of receipt of written notification. iv. Approval by the Director of proposed grease removal equipment does not in any way guarantee that this equipment will function in the manner described by its constructor or manufacturer; nor shall it relieve a person or facility of the responsibility of replacing, enlarging, or otherwise modifying such equipment to accomplish the intended purpose. Approval by the Director to install and operate a grease trap shall not be construed to mean that a grease interceptor may not subsequently be required according to the aforementioned criteria. C. Exempt facilities: The Director, in his or her, sole discretion, may grant exemption from the requirement for grease removal equipment to facilities that have little or no potential to contribute oil and grease to the wastewater collection system because they do not cook or prepare food. The Director may revoke a facility's exemption if that facility's operation changes to include cooking or food preparation or if it becomes apparent that FOG is being discharged and accumulating in the facility's lateral or the POTW main line. 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 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 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. {JZL562050.DOC;1 /00006.900000/} - 18- 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 to 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 the User's premises 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 may also determine if the facility has implemented Best Management Practices as fully as possible. Inspections may 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 may 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 may 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 Users' facilities that received deficiency notices at a previous inspection. The City official shall inspect the repairs or other deficiencies and shall provide written notice of 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 User concerned. A first re- inspection shall be performed after a minimum of 30 working days has elapsed to allow for corrective action by the User to be completed. {JZL562050.DOC;1 /00006.900000/1 _19- 9. Monitoring. The City shall have the right to inspect a facility's lateral or to sample and analyze the wastewater from any facility at any time to determine compliance with the requirements of the City Code and to evaluate the performance and effectiveness of equipment and procedures to remove FOG from the waste stream. Evidence of the deposition of FOG in the facility's lateral or the City's sewer line may cause enforcement action to be initiated, and the City's monitoring costs may be billed to the User. 10. If a failure to maintain grease traps or interceptors, 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. 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 grease trap may exceed its rated flow. Dishwashers and food or garbage disposal units 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 facility's 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 required flow capacity of the grease trap in gallons per minute shall be determined according to sizing guidelines adopted by the Director. The Director may require installation of a grease trap having a greater capacity than that indicated by said guidelines if deemed necessary to protect the City's sewer system. 3. 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. 4. Inspection, cleaning and maintenance. Each facility shall be solely responsible for the cost of trap installation, inspection, cleaning and maintenance. Each facility may contract {JZL562050.DOC;1 /00006.900000/} -20- 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 solid material displaces more than 25% of the total volume of the unit. Each 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. However, the Director, in his or her sole discretion, may authorize in writing a different schedule based upon the rate at which 25% of the unit's volume is displaced by retained grease and solids as determined by inspections. 5. 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. 6. Repairs. The 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. 7. Disposal. Grease and solid materials removed from a grease trap shall be disposed of in the solid waste disposal system. 8. Record keeping. The facility shall maintain records of the date and time of all cleaning and maintenance of each grease trap, and shall snake 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 that extend down to within 12 inches from the bottom of the tank. The owner /operator must provide, at his or her sole expense, an access manhole over each compartment for monitoring purposes. The inlet and outlet tees must be a minimum of six inches in diameter, and the influent and effluent flow must be visible and easily accessible from the access manhole for sampling. 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 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 {JZL562050.D0Qj /00006.900000/} -21- 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 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. The . Director is authorized to adopt additional criteria and specifications for grease interceptors. 2. Interceptor capacity. Grease interceptor capacity calculations shall be performed by each facility based on size and type of operation according to the formulas contained in the sizing guidelines adopted by the Director. The minimum capacity of any one unit shall be 500 gallons and the maximum capacity of any one unit shall be 4000 gallons. 3. Inspection, pumping and maintenance. Each facility shall be responsible for the costs of installing, inspecting, cleaning and maintaining its grease interceptor. All 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 removal of excessive solids from the walls, floors, baffles and all pipework. Each facility shall ensure that all fittings and fixtures inside the interceptor are in good condition and functioning properly after the pumping procedure, and that the unit is filled with enough clean, cool tap water to prevent any FOG from passing through the unit as it fills. 4. Interceptor pumping frequency. Each facility shall clean its grease interceptor at a minimum frequency of once every ninety (90) days. Each 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, or; b. When the -total volume of captured grease and solid material displaces more than 25% of the capacity of the interceptor as measured in the inlet compartment, or; C. 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 %). {JZL562050.DOC;1 /00006.900000/} -22- 5. Cleaning Variance. If a facility believes that quarterly pumping of their grease interceptor is unnecessary in order to remain in compliance with the criteria of paragraph .(4) above, the facility may make written application to the Director for a written variance from the quarterly pumping requirements. 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. 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 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 facility shall maintain records of the date and time of all cleaning and maintenance of each grease interceptor, 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 {JZL562050.DOC;1 /00006.900000/1 - -23- shall prevent oil or grease, and inert solids from being carried into the sewer system at all times. A service contractor 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. Section 5. Amendment of ECC 7.91.090. Section 7.91.090 of the Edmonds City Code is hereby amended to provide in its entirety as follows: 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 traps or interceptors, or do not have adequately sized or correctly installed traps or interceptors shall meet the requirement for removal of fats, oils, and grease by installing or properly connecting an approved grease trap or interceptor, as determined by the Director. Facilities that are required to _ install approved grease interceptors shall do so within 12 months after receiving written notification from the Director. Facilities that are allowed to install approved grease traps or to upgrade existing trap installations, as provided elsewhere in this Chapter, shall do so within 90 days after receiving written notification from the Director. Facilities which are newly proposed or constructed after February 16, 2004 shall meet the requirements in this Chapter for installation of grease removal equipment prior to commencement of discharge. B. Significant Industrial Users. Compliance by existing sources (categorical Users) covered by Categorical Pretreatment Standards shall be within 3 years of the date the {JZL562050.DOC;1/00006.900000/1 -24- 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 SIUs, are required to comply with applicable pretreatment standards within the shortest feasible time (not to exceed 90 days from the beginning of discharge). New Sources, and "new Users" 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. Section 6. Amendment of ECC 7.92.010. Section 7.92.010 of the Edmonds City Code is hereby amended to provide in its entirety as follows: 7.92.010 Requirements to Complete Industrial User Surveys. The Director may 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. Section 7. Amendment of ECC 7.94.010. Section 7.94.010 of the Edmonds City Code is hereby amended to provide in its entirety as follows: 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, {JZL562050.DOC;1 /00006.900000/} -25- 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. Other SIUs which are required to sample, shall measure the flows 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. Section 8. Amendment of ECC 7.94.020. Section 7.94.020 of the Edmonds City Code is hereby amended to provide in its entirety as follows: 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 which they are performing. {JZL562050.DOC;1 /00006.900000/} -26- Section 9. Amendment of ECC 7.102.010. Section 7.102.010 of the Edmonds City Code is hereby amended to provide in its entirety as follows: 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 shall correspond to the actual amount of expense incurred by the City, and 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. 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. {JZL562050.DOC;1 /00006.900000/} -27- 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) 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. {JZL562050.DOC;1 /00006.900000/} -28- Section 10. Effective Date. This ordinance, being an exercise of a power specifi- cally 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: MAYOR Gr HAAKENSON ATTEST /AUTHENTICATED : z e—Le4" CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE C A TTORNEY: BY FILED WITH THE CITY CLERK: 01/30/2004 PASSED BY THE CITY COUNCIL: 02/03/2004 PUBLISHED: 02/08/2004 EFFECTIVE DATE: 02/13/2004 ORDINANCE NO. 3487 {JZL562050.DOC;1 /00006.900000/} -29- SUMMARY OF ORDINANCE NO. 3487 of the City of Edmonds, Washington On the 3rd day of February, 2004, the City Council of the City of Edmonds, passed Ordinance No. 3487. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTERS 7.90, 7.91, 7.92, 7.94 AND 7.102 OF THE EDMONDS CITY CODE; CLARIFYING THE I APPLICABILITY OF PRETREATMENT STANDARDS AND REGULATIONS TO EXISTING AND NEW FACILITIES; REVISING CERTAIN CODIFIED DEFINITIONS FOR SAID STANDARDS AND REGULATIONS; ESTABLISHING COMPLIANCE DEADLINES FOR REGULATED FACILITIES; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 4th day of February, 2004. CITY CLERK, SANDRA S. CHASE {JZL562050.DOC -1 1 /00006.900000/} -30- Zoos and Aquariums facilities, the city legislative authority shall hold a public hearing on the proposed management and operation by the nonprofit corporation or other public organization. At least thirty. days prior to the hearing, a public notice setting forth the date, time, and place of the hearing must be published at least once in a local newspaper of general circulation. Notice of the hearing shall also be mailed or otherwise delivered to all who would be entitled to notice of a special meeting of the city legislative authority under RCW 42.30.080. The notice shall identify the facilities involved and the nonprofit corporation or other public organization proposed for management and operation under the contract with the city. The terms and conditions under which the city proposes to contract with the nonprofit corporation or other public organization for management and operation shall be available upon request from and after the date of publication of the hearing notice and at the hearing, but after the public hearing the city legislative authority may amend the pro- posed terms and conditions at open public meetings. (3) As part of the management and operation contract, the legislative authority of the city may authorize the managing and operating entity to grant to any nonprofit corporation or public or private organization franchises or concessions that further the public use and enjoyment of the zoo or aquarium, as the case may be, and may authorize the managing and operating entity to contract with any public or private organization for any specific services as are routinely so procured by the city. (4) Notwithstanding any provision in the charter of the city so contracting for the overall management and operation of a zoo or an aquarium, or any other provision of law, the nonprofit corporation or other public organization with responsibility for overall management or operation of any such facilities pursuant to a contract under this section may, in carrying out that responsibility under such contract, manage, supervise, and control those employees of the city employed in connection with the zoo or aquarium and may hire, fire, and otherwise discipline those employees. Notwithstanding any provision in the charter of the city so contracting for the overall management and operation of a zoo or an aquarium, or any other provision of law, the civil service system of any such city shall provide for the non- profit corporation or other public organization to manage, supervise, control, hire, fire, and otherwise discipline those employees of the city employed in connection with the zoo or aquarium. (5) As part of the management and operation contract, the legislative authority of the city shall provide for over- sight of the managing and operating entity to ensure public accountability of the entity and its performance in a manner consistent with the contract. [2000 c 206 § 1.] 35.64.020 Construction — Collective bargaining agreement not affected. Nothing in this chapter shall be construed to affect any terms, conditions, or practices contained in a collective bargaining agreement in effect on June 8, 2000. [2000 c 206 § 2.1 Adopted by Reference Ordinance on (2002 Ed.) Ci y Clerk Chapter 35.66 POLICE MATRONS Sections 35.66.010 Authority to establish. 35.66.020 Appointment. 35,66.030 Assistance by police. 35.66.040 Compensation. 35.66.050 Persons under arrest— Separate quarters. 35.64.010 35.66.010 Authority to establish. There shall be annexed to the police force of each city in this state having a population of not less than ten thousand inhabitants one or more police matrons who, subject to the control of the chief of police or other proper officer, shall have the immediate care of all females under arrest and while detained in the city prison until they are finally discharged therefrom. [1965 c 7 § 35.66.010. Prior: 1893 c 15 § 1; RRS § 9282.] 35.66.020 Appointment. The police matron or matrons employed or appointed in accordance with the provisions of this chapter shall be employed or appointed in the same manner as other regular members of the police departments in the city where the appointment is made. [1965 c 7 § 35.66.020. Prior: 1939 c 115 § 1; 1893 c 15 § 4; RRS § 9285.] [SLC -RO -4] 35.66.030 Assistance by police. Any person on the police force or, in their absence, any other person present, must aid and assist the matron when from necessity she may require it. [1965 c 7 § 35.66.030. Prior: 1893 c 15 § 2; RRS § 9283.] 35.66.040 Compensation. A police matron must be paid such compensation for her services as shall be fixed by the city council and at such time as may be appointed for the payment of policemen. [1965 c 7 § 35.66.040. Prior: 1893 c 15 § 6; RRS § 9287.] 35.66.050 Persons under arrest — Separate quarters. For the purpose of effecting the main object of this chapter, no member of one sex under arrest shall be confined in the same cell or apartment of the city jail or prison, with any member of the other sex whatever. [1973 1st ex.s. c 154 § 53; 1965 c 7 § 35.66.050. Prior: 1893 c 15 § 3; RRS § 9284.] Severability -1973 1st ex.s. c 154: See note following RCW 2.12.030. Chapter 35.67 SEWERAGE SYSTEMS — REFUSE COLLECTION AND DISPOSAL Sections 35.67.010 Definitions — "System of sewerage," "public utility." 35.67:020 Authority to construct system and fix rates and charges — Classification of services and facilities— Assistance for low- income persons. 35.67.022 Extension outside city subject to review by boundary review board. 35.67.025 Public property subject to rates and charges for storm water control facilities. (Title 35 RCW —page 229] Chapter 35.67 Title 35 RCW: Cities and Towns 35.67.030 Adoption of plan— Ordinance. 35.67.065 General obligation bonds — Issuance. 35.67.110 General obligation bonds— Payment— Revenue from service charges. 35.67.120 Revenue bond fund — Authority to establish. 35.67.130 Revenue bond fund — Limitations upon creation. 35.67.140 Revenue bonds — Authority— Denominations — Terms. 35.67.150 Revenue bonds — Signatures —Form. 35.67.160 Revenue bonds — Obligation against fund, not city. 35.67.170 Revenue bonds —Sale of —Other disposition. 35.67.180 Revenue bonds— Remedy of owners. 35.67.190 Revenues from system — Classification of services — Minimum rates — Compulsory use. 35.67.194 Revenue bonds validated. 35.67.200 Sewerage lien— Authority. 35.67.210 Sewerage lien— Extent — Notice. 35.67.215 Sewerage lien— Extension of coverage. 35.67.220 Sewerage lien foreclosure— Parts— Tracts. 35.67.230 Sewerage lien foreclosure— Limitation on time of com- mencement. 35.67.240 Sewerage lien foreclosure— Procedure. 35.67.250 Sewerage lien foreclosure — Trial. 35.67.260 Sewerage lien foreclosure — Redemption. 35.67.270 Sewerage sale acquired property— Disposition. 35.67.280 Sewerage sale acquired property— Payment of delinquent taxes. 35.67.290 Sewerage lien— Enforcement — Alternative method. 35.67.300 Water -sewer districts and municipalities —Joint agreements. 35.67.310 Sewers — Outside city connections. 35.67.331 Water, sewerage, garbage systems — Combined facilities. 35.67.340 Statutes governing combined facility. 35.67.350 Penalty for sewer connection without permission. 35.67.360 Conservation of storm water and sewer services —Use of public moneys. 35.67.370 Mobile home parks — Replacement of septic systems. Assessments and charges against state lands: Chapter 79.44 RCW. Municipal water and sewer facilities act: Chapter 35.91 RCW. Prepayment of taxes and assessments: RCW 35.21.650. Sewer facilities act: Chapter 35.91 RCW. Sewerage improvement districts: Chapter 85.08 RCW. 35.67.610 Definitions = " System of sewerage," ft. public utility." A "system of sewerage" means and may include any or all of the following: (1) Sanitary sewage collection, treatment, and /or disposal facilities and services, on -site or off -site sanitary sewerage facilities, inspection services and maintenance services for public or private on -site systems, or any other means of sewage treatment and disposal approved by the city; (2) Combined sanitary sewage disposal and storm or surface water sewers; . (3) Storm or surface water sewers; (4) Outfalls for storm drainage or sanitary sewage and works, plants, and facilities for storm drainage or sanitary sewage treatment and disposal, and rights and interests in property relating to the system; (5) Combined water and sewerage systems; (6) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a city or town; (7) Public restroom and sanitary facilities; and (8) Any combination of or part of any or all of such facilities. The words "public utility" when used in this chapter has the same meaning as the words "system of sewerage." [1997 c 447 § 7; 1965 c 110 § 1; 1965 c 7 § 35.67.010. [Title 35 RCW —page 230] Prior: 1955 c 266 § 2; prior: 1941 c 193 § 1, part; Rem. Supp. 1941 § 9354 -4, part.] Finding— Purpose -1997 c 447: See note following RCW 70.05.074. 35.67.020 Authority to construct system and fix rates and charges — Classification of services and facili- ties — Assistance for low- income persons. Every city and town may construct, condemn and purchase, acquire, add to, maintain, conduct, and operate systems of sewerage and systems and plants for refuse collection and disposal together with additions, extensions, and betterments thereto, within and without its limits, with full jurisdiction and authority to manage, regulate, and control them and to fix, alter, regulate, and control the rates and charges for their use. The rates charged must be uniform for the same class of customers or service and facilities furnished. In classifying customers served or service and facilities furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors: (1) The difference in cost of service and facilities to the various customers; (2) the location of the various customers within and without the city or town; (3) the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; (4) the different character of the service and facilities furnished various customers; (5) the quantity and quality of the sewage delivered and the time of its delivery; (6) the achievement of water conservation goals and the discouragement of wasteful water use practices; (7) capital contributions made to the system, including but not limited to, assessments; (8) the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and (9) any other matters which present a reasonable difference as a ground for distinction. Rates or charges for on -site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property. A city or town may provide assistance to aid low - income persons in connection with services provided under this chapter. Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on -site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer. Before adopting on -site inspection and maintenance utility services, or incorporating residences into an on -site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on -site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide informa- tion on estimated rates or charges that may be imposed for the service. A city or town shall not provide on -site sewage system inspection, pumping services, or other maintenance or repair services under this section using city or town employees unless the on -site system is connected by a publicly owned collection system to the city or town's sewerage system, and (2002 Ed.) Sewerage Systems— Refuse Collection and Disposal the on -site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of state or local health officers to carry out their responsibilities under any other applicable law. [1997 c 447 § 8; 1995 c 124 § 3; 1991 c 347 § 17; 1965 c 7 § 35.67.020. Prior: 1959 c 90 § 1; 1955 c 266 § 3; prior: 1941 c 193 § 1, part; Rem. Supp. 1941 § 9354 -4, part.] Finding— Purpose -1997 c 447: See note following RCW 70.05.074. Purposes -1991 c 347: See note following RCW 90.42,005 Severability -1991 c 347: See RCW 90.42.900. 35.67.022 Extension outside city subject to review by boundary review board. The extension of sewer facilities outside of the boundaries of a city or town may be subject to potential review by a boundary review board under chapter 36.93 RCW. [1989 c 84 § 32.] 35.67.025 Public property subject to rates and charges for storm water control facilities. Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for storm water control facilities to the same extent private persons and private property are subject to such rates and charges that are imposed by cities and towns pursuant to RCW 35.67.020. In setting these rates and charges, consideration may be made of in -kind services, such as stream improvements or donation of property. [1986 c 278 § 55; 1983 c 315 § 1.] Severability -1986 c 278: See note following RCW 36.01.010. Severability -1983 c 315: See note following RCW 90.03.500. Flood control zone districts — Stormm water control improvements: Chapter 86.15 RCW. Rates and charges for storm water control facilities—Limitations- Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.92.021, 36.89.085, and 36.94.145. 35.67.030 Adoption of plan— Ordinance. Whenever the legislative body of any city or town, shall deem it advisable that such city or town shall purchase, acquire or construct any public utility mentioned in RCW 35.67.020, or make any additions, betterments, or alterations thereto, or extensions thereof, such legislative body shall provide therefor by ordinance, which shall specify and adopt the system or plan proposed, and declare the estimated cost thereof as near as may be. [ 1985 c 445 § 1; 1965 c 7 § 35.67.030. Prior: 1941 c 193 § 2; .Rem. Supp. 1941 § 9354 -5.] Elections: Title 29 RCW. Limitations upon indebtedness, how exceeded: State Constitution Art. 7 § 2 (Amendments 55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW 84.52.050. - 35.67.065 General obligation bonds — Issuance. General obligation bonds issued by a city or town to pay for all or part of the costs of purchasing, acquiring, or construct- ing any public utility mentioned in RCW 35.67.020, or the costs of making any additions, betterments, or alterations thereto, or extensions thereof, shall be issued and sold in accordance with chapter 39.46 RCW. [1985 c 445 § 2.] 35.67.020 35.67.110 General obligation bonds—Payment- Revenue from service charges. In addition to taxes pledged to pay the principal of and interest on general obligation bonds issued to pay for costs of purchasing, acquiring, or constructing any public utility mentioned in RCW 35.67.020, or to make any additions, betterments, or alterations thereto, or extensions thereof, the city or town legislative body, may set aside into a special fund and pledge to the payment of such principal and interest any sums or amounts which may accrue from the collection of service rates and charges for the private and public use of said sewerage system or systems for the collection and disposal of refuse, in excess of the cost of operation and maintenance thereof as constructed or added to, and the same shall be applied solely, to the payment of such interest and bonds. Such pledge of revenue shall constitute a binding, obligation, according to its terms, to continue the collection of such revenue so long as such bonds or any of them are outstand- ing. If the rates and charges are sufficient to meet the debt service requirements on such bonds no general tax need be levied. [1985 c 445 § 3; 1965 c 118 § l; 1965 c 7 § 35.67.110. Prior: 1941 c 193 § 3, part; Rem. Supp. 1941 § 9354 -6, part.] 35.67.120 Revenue bond fund — Authority to establish. After the city or town legislative body adopts a proposition for any such public utility, and either (1) no general indebtedness has been authorized, or (2) the city or town legislative body does not desire to incur a general indebtedness, and the legislative body can lawfully proceed without submitting the proposition to a vote of the people, it may create a special fund or funds for the sole purpose of defraying the cost of the proposed system, or additions, betterments or extensions thereto. The city or town legislative body may obligate the city or town to set aside and pay into this special fund: (1) A fixed proportion of the gross revenues of the system, or (2) a fixed amount out of and not exceeding a fixed proportion of the gross revenues, or (3) a fixed amount without regard to any fixed proportion, and (4) amounts received from any utility local improvement district assessments pledged to secure such bonds. [1967 c 52 § 24; 1965 c 7 § 35.67.120. Prior: 1941 c 193 § 4, part; Rem. Supp. 1941 § 9354 -7, part.] Alternative authority to issue revenue bonds: RCW 39.46150, 39.46.160. Funds for reserve purposes may be included in issue amount: RCW 39.44.140. 35.67.130 Revenue bond fund— Limitations upon creation. In creating the special fund, the city or town legislative body shall have due regard to the cost of opera- tion and maintenance of the system as constructed or added to, and to any proportion or part of the revenue previously pledged as .a fund for the payment of bonds, warrants and other indebtedness. It shall not set aside into the special fund a greater amount or proportion of the revenue and proceeds than in its judgment will be available over and above the cost of maintenance and operation and the amount or proportion of the revenue so previously pledged.. [1965 c 7 § 35.67.130. Prior: 1941 c 193 § 4, part; Rem. Supp. 1941 § 9354 -7, part.] (2002 Ed.) [Title 35 RCW —page 231] i. „ a 35.67.140 Title 35 RCW: Cities and Towns 35.67.140 Revenue bonds—Authority- Denominations— Term's. A city or town may issue revenue bonds against the special fund or funds created solely from revenues. The revenue bonds so issued shall: (1) Be registered bonds as provided in RCW 39.46.030 or coupon bonds, (2) be issued in denominations of not less than one hundred dollars nor more than one thousand dollars, (3) be numbered from one upwards consecutively, (4) bear the date of their issue, (5) be serial in form finally maturing not more than thirty years from their date, (6) bear interest at the rate or rates as authorized by the legislative body of the city or town, payable annually or semiannually, (7) be payable as to principal and interest at such place as may be designated therein, and (8) shall state upon their face that they are payable. from a special fund, naming it and the ordinance creating it: PROVIDED, That such bonds may also be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 59; 1970 ex.s. c 56 § 43; 1969 ex.s. c 232 § 71; 1965 c 7 § 35.67.140. Prior: 1941 c 193 § 4, part; Rem. Supp. 1941 § 9354 -7, part.] Liberal construction — Severability --1983 c 167: -See RCW 39.46.010 and note following. Purpose -1970 ex.s. a 56: See note following RCW 39.52.020. Validation— Saving — Severability -1969 ex.s. c 232: See notes following RCW 39.52.020. 35.67.150 Revenue bonds— Signatures —Form. Every revenue bond and any coupon shall be signed by the mayor and attested by the clerk. The seal of the city or town shall be attached to all bonds but not to any coupons. Signatures on any coupons may be printed or may be the lithographic facsimile of the signatures. The bonds shall be printed, engraved or lithographed upon good bond paper. [1983 c 167 § 60; 1965 c 7 § 35.67.150. Prior: 1941 c 193 § 4, part; Rem. Supp. 1941 § 9354 -7, part.] Liberal construction — Severability -1983 c 167: See RCW 39.46.010 and note following. 35.67.160 Revenue bonds — Obligation against fund, not city. Revenue bonds or warrants and interest shall be payable only out of the special fund. Every bond or warrant and interest thereon issued against the special fund shall be a valid claim of the holder thereof only as against that fund and its fixed proportion of the amount of revenue pledged to the fund, and shall not constitute an indebtedness of the city or town. Every warrant as well as every bond shall state on its face that it is payable from a special fund, naming it and the ordinance creating it. [1965 c 7 § 35.67:160. Prior: 1941 c 193 §'4, part; Rem. Supp. 1941 § 9354 -7, part.] 35.67.170 Revenue bonds —Sale of —Other disposi- tion. Revenue bonds and warrants may be sold in any manner the city or town legislative body deems for the best interests of the city or town. The legislative body may provide in any contract for the construction or acquisition of a proposed utility that payment therefor shall be made only in revenue bonds and warrants at their par value. [1965 c 7 § 35.67.170. Prior: 1941 c 193 § 4, part; Rem. Supp. 1941 § 9354 -7, part.] [Title 35 RCW -page 232] . 35.67.180 Revenue bonds — Remedy of owners. If a city or town fails to set aside and pay into the special fund created for the payment of revenue bonds and warrants the amount which it has obligated itself in the ordinance creating the fund to set aside and pay therein, the owner of any bond or warrant issued against the fund may bring suit against the city or town to compel it to do so. [1983 c 167 § 61; 1965 c 7 § 35.67.180. Prior: 1941 c 193 § 4, part; Rem. Supp. 1941 c 9354 -7, part.] Liberal construction — Severability -1983 c 167: See RCW 39.46.010 and note following. 35.67.190 Revenues from system — Classification of services — Minimum rates — Compulsory use. The legisla- tive body of such city or town may provide by ordinance for revenues by fixing rates and charges for the furnishing of service to those served by its system of sewerage or system for refuse collection and disposal, which rates and charges shall be uniform for the same class of customer or service. In classifying customers served or service furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors: (1) The difference in cost of service to the various custom- ers; (2) the location of the various customers within and without the city or town; (3) the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; (4) the different character of the service furnished various customers; (5) the quantity and quality of the sewage delivered and the time of its delivery; (6) capital contributions made to the system, including but not limited to, assessments; (7) the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and (8) any other matters which present a reasonable difference as a ground for distinction. If special indebtedness bonds or warrants are issued against the revenues, the legislative body shall by ordinance fix charges at rates which will be sufficient to take care of the costs of maintenance and operation, bond and warrant principal and interest, sinking fund requirements, and all other expenses necessary for efficient and proper operation of the system. All property owners within the area served by such sewerage system shall be compelled to connect their private drains and sewers with such city or town system, under such penalty as the legislative body of such city or town may by ordinance direct. Such penalty may in the discretion of such legislative body be an amount equal to the charge that would be made for sewer service if the property was connected to such system. All penalties collected shall be considered revenue of the system. [1995 c 124 § 4; 1965 c 7 § 35.67.190. Prior: 1959 c 90 § 2; 1941 c 193 § 5; Rem. Supp. 1941 § 9354 -8.1 35.67.194 Revenue bonds validated. Any and all water, sewer, or water and sewer revenue bonds part or all of which may have been heretofore (prior to June 8, 1955) issued by any city or town for the purpose of providing funds to pay part or all of the cost of acquiring, constructing, or installing a system of storm or surface water sewers or any part thereof necessary for the proper and efficient operation of a system of sanitary sewage disposal sewers or (2002 Ed.) Sewerage Systems- Refuse Collection and Disposal a sanitary sewage treatment plant, the proceedings for the issuance of which were valid in all other respects, are approved, ratified and validated, and are declared to be legal and binding obligations of such city or town, both principal of and interest on which are payable only out of the reve- nues of the utility or utilities pledged for such payment. [1965 c 7 § 35.67.194. Prior: 1955 c 266 § 5.] 35.67.200 Sewerage lien— Authority. Cities and towns owning their own sewer systems shall have a lien for delinquent and unpaid rates and charges for sewer service, penalties levied pursuant to RCW 35.67.190, and connection charges, including interest thereon, against the premises to which such service has been furnished or is available, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. The city or town by ordinance may provide that delinquent charges shall bear interest at not exceeding eight percent per annum computed on a monthly basis: PROVIDED, That a city or town using the property tax system for utility billing may, by resolution or ordinance, adopt the alternative lien procedure as set forth in RCW 35.67.215. [1991 c 36 § 2; 1965 c 7 § 35.67.200. Prior: 1959 c 90 § 4; prior: 1941 c 193 § 6, part; Rem. Supp. 1941 § 9354 -9, part.] 35.67.210 Sewerage lien— Extent — Notice. The sewerage lien shall be effective for a total of not to exceed six months' delinquent charges without the necessity of any writing or recording. In order to make such lien effective for more than six months' charges the city or town treasurer, clerk, or official charged with the administration of the affairs of the utility shall cause to be filed for record in the office of the county auditor of the county in which such city or town is located, a notice in substantially the following form: "Sewerage lien notice City (or town) of ..................... vs. reputed owner Notice is hereby given that the city (or town) of ...... has and claims a lien for sewer charges against the following described premises situated in ...... county, Washington, to wit: (here insert legal description of premises) Said lien is claimed for not exceeding six months such charges and interest now delinquent, amount to $......,. and is also claimed for future sewerage charges against said premises. Dated .................... City (or town) of ............ By.................... .. The lien notice may be signed by the city or town treasurer or clerk or other official in charge of the adminis- tration of the utility. The lien notice shall be recorded as prescribed by law for the recording of mechanics' liens. [1965 c 7 § 35.67.210. Prior: 1959 c 90 § 5; prior: 1941 c 193 § 6, part; Rem. Supp. 1941 § 9354 -9, part.] 35.67.194 35.67.215 Sewerage lien— Extension of coverage. Any city or town may, by resolution or ordinance, provide that the sewerage lien shall be effective for a total not to exceed one year's delinquent service charges without the necessity of any writing or recording of the lien with the county auditor, in lieu of the provisions provided for in RCW 35.67.210. [1991 c 36 § 3.] 35.67.220 Sewerage lien foreclosure— Parts— Tracts. The city or town may foreclose its sewerage lien in an action in the superior court. All or any of the tracts subject to the lien may be proceeded against in the same action, and all parties appearing of record as owning or claiming to own, having or claiming to have any interest in or lien upon the tracts involved in the action shall be impleaded in the action as parties defendant. [1965 c 7 § 35.67.220. Prior: 1941 c 193 § 7, part; Rem. Supp. 1941 § 9354 -10, part.] 35.67.230 Sewerage lien foreclosure— Limitation on time of commencement. An action to foreclose a sewerage lien pursuant to a lien notice filed as required by law must be commenced within two years from the date of the filing thereof. . An action to foreclose a six months' lien may be commenced at any time after six months subsequent to the furnishing of the sewerage service for which payment has not been made. [1965 c 7 § 35.67.230. Prior: 1941 c 193 § 7, part; Rem. Supp. 1941 § 9354 -10, part.] 35.67.240 Sewerage lien foreclosure— Procedure. The service of summons, and all other proceedings except as herein otherwise prescribed including appeal, order of sale, sale, redemption, and issuance of deed, shall be governed by the statutes now or hereafter in force relating to the foreclo- sure of mortgages on real property. The terms "judgment debtor" or "successor in interest" in the statutes governing redemption when applied herein shall include an owner or a vendee. [1965 c 7 § 35.67.240. Prior: 1941 c 193 § 7, part; Rem. Supp. 1941 § 9354 -10, part.] 35.67.250 Sewerage lien foreclosure — Trial. A sewerage lien foreclosure action shall be tried before the court without a jury. The court may allow in addition to interest on the service charges at a rate not exceeding eight percent per year from date of delinquency, costs and disbursements as provided by statute and such attorneys' fees as the court may adjudge reasonable. If the owners and parties interested in any particular tract default, the court may enter judgment of foreclosure and sale as to such parties and tracts and the action may proceed as to the remaining defendants and tracts. The judgment shall specify separately the amount of the sewerage charges, with interest, penalty and costs chargeable to each tract. The judgment shall have the effect of a separate judgment as to each tract described in the judgment, and any appeal shall not invalidate or delay the judgment except as to the property concerning which the appeal is taken. In the judgment the court shall order the tracts therein described sold at one general sale, and an order of sale shall issue pursuant thereto for the enforcement of the judgment. Judgment may be entered as to any one or more separate (2002 Ed.) [Title 35 RCW —page 233] tracts involved in the action, and the court shall retain jurisdiction of other properties. [1965 c 7 § 35.67.250. Prior: 1941 c 193 § 7, part; Rem. Supp. 1941 § 9354 -10, part.] 35.67.260 Sewerage lien foreclosure— Redemption. All sales shall be subject to the right of redemption within one year from date of sale. [1965 c 7 § 35.67.260. Prior: 1941 c 193 § 7, part; Rem. Supp. 1941 § 9354 -10, part.] 35.67.270 Sewerage sale acquired property — Disposition. At any time after deed is issued to it pursuant to lien, a city or town may lease or sell or convey any property at public or private sale for such price and on such terms as may be determined by resolution of the city or town legislative body, any provision of law, charter or ordinance to the contrary notwithstanding. [1965 c 7 § 35.67.270. Prior: 1941 e 193 § 8; Rem. Supp. 1941 § 9354 -11.] 35.67.280 Sewerage sale acquired property — Payment of delinquent taxes. After the entry of judgment of foreclosure against any tract, the city or town may pay delinquent general taxes or purchase certificates of delin- quency for general taxes on the tract or purchase the tract at county tax foreclosure or from the county after foreclosure. After entry of judgment of foreclosure against any premises the city or town may pay local or special assess- ments which are delinquent or are about to become delin- quent and if the tract has been foreclosed upon for local or special assessments and the time for redemption has not expired, it may redeem it. No moneys shall be expended for the purposes enumer- ated in this section except upon enactment by the city or town legislative body of a resolution determining the desirability or necessity of making the expenditure. [1965 c 7 § 35.67.280. Prior: 1941 c 193 § 9; Rem, Supp. 1941 § 9354 -12.] 35.67.290 Sewerage lien— Enforcement Alternati ve method. As an additional and concurrent method of enforcing the lien authorized in this chapter any city or town operating its own municipal water system may provide by ordinance for the enforcement of the lien by cutting off the water service from the premises to which such sewer service was furnished after the charges become delinquent and unpaid, until the charges are paid. The right to enforce the lien by cutting off and refusing water service shall not be exercised after two years from the date of the recording of sewerage lien notice except to enforce payment of six months' charges for which no lien notice is required. to be recorded. [1965 c 7 § 35.67.290. Prior: 1941 c 193 § 10; Rem. Supp. 1941 § 9354 -13.] 35.67.300 Water -sewer districts and municipali- ties =Joint agreements. Any city, town, or organized and established water -sewer district owning or operating its own sewer system, whenever topographic conditions shall make it feasible and whenever such existing sewer system shall be adequate therefor in view of the sewerage and drainage requirements of the property in such city, town, or water - sewer district, served or to be served by such system, may [Title 35 RCW —page 2341 Cities and Towns contract with any other city, town, or organized and estab- lished water -sewer district for the discharge into its, sewer system of sewage from all or any part or parts of such other city, town, or water -sewer district upon such terms and conditions and for such periods of time as may be deemed reasonable. Any city, town, or organized and established water- sewer district may contract with any other city, town, or organized and established water -sewer district for the construction and /or operation of any sewer or sewage disposal facilities for the joint use and benefit of the con- tracting parties upon such terms and conditions and for such period of time as the governing bodies of the contracting parties may determine. Any such contract may provide that the responsibility for the management of the construction and /or maintenance and operation of any sewer disposal facilities or part thereof covered by such contract shall be vested solely in one of the contracting parties, with the other party or parties thereto paying to the managing party such portion of the expenses thereof as shall be agreed upon. [1999 c 153 § 37; 1965 c 7 § 35.67.300. Prior: 1947 c 212 § 3; 1941 c 193 § 11; Rem. Supp. 1947 § 9354 -14.] Part headings not law -1999 c 153; See note following RCW 57.04.050. 35.67.310 Sewers — Outside city connections. Every city or town may permit connections with any of its sewers, either directly or indirectly, from property beyond its limits, upon such terms, conditions and payments as may be prescribed by ordinance, which may be required by the city or town to be evidenced by a written agreement between the city or town and the owner of the property to be served by the connecting sewer. If any such agreement is made and filed with the county auditor of the county in which said property is located, it shall constitute a covenant running with the land and the agreements and covenants therein shall be binding on the owner and all persons subsequently acquiring any right, title or interest in or to said property. If the terms and conditions of the ordinance or of the agreement are not kept and performed, or the payments made, as required, the city or town may disconnect the sewer and for that purpose may at any time enter upon any public street or road or upon said property. [1965 c 7 § 35.67.310. Prior: 1941 c 75 § 1; Rem. Supp. 1941 § 9354 -19.] 35.67.331 Water, sewerage, garbage systems — Combined facilities. A city or town may by ordinance provide that its water system, sewerage system, and garbage and refuse collection and disposal system may be acquired, constructed, maintained and operated jointly, either by combining any two of such systems or all three. All powers granted to cities and towns to acquire, construct, maintain and operate such systems may be exercised in the joint acquisition, construction, maintenance and operation of such combined systems: PROVIDED, That if a general indebted- ness is to be incurred to pay a part or all of the cost of construction, maintenance, or operation of such a combined system, no such indebtedness shall be incurred without such indebtedness first being authorized by a vote of the people at a special or general election conducted in the manner (2002 Ed.) Sewerage Systems — Refuse Collection and Disposal 35.67.331 prescribed by law: PROVIDED FURTHER, That nothing in Chapter 35.68 chapter 51, Laws of 1969 ex. secs. shall be construed to SIDEWALKS, GUTTERS, CURBS, AND supersede charter provisions to the contrary. [1969 ex.s. c 51 § 1.1 DRIVEWAYS —ALL CITIES AND TOWNS 35.67.340 Statutes governing combined facility. The operation by a city or town of a combined facility as provided for in RCW 35.67.331 shall be governed by the statutes relating to the establishment and maintenance of a city or town water system if the water system is one of the systems included in the combined acquisition, construction, or operation; otherwise the combined system shall be governed by the statutes relating to the establishment and maintenance of a city or town sewerage system. [1969 ex.s. c 51 § 2; 1965 c 7 § 35.67.340. Prior: 1941 c 193 § 12, part; Rem. Supp. 1941 § 9354 -15, part.] 35.67.350 Penalty for sewer connection without permission. It is unlawful and a misdemeanor to make or cause to be made or to maintain any sewer connection with any sewer of any city or town, or with any sewer which is connected directly or indirectly with any sewer of any city or town without having permission from the city or town. [1965 c 7 § 35.67.350. Prior: 1943 c 100 § 1; Rem. Supp. 1943 § 9354 -20.] 35.67.360 Conservation of storm water and sewer services —Use of public moneys. Any city, code city, town, county, special purpose district, municipal corporation, or quasi - municipal corporation that is engaged in the sale or distribution of storm water or sewer services may use public moneys or credit derived from operating revenues from the sale of storm water or sewer services to assist the owners of structures or equipment in financing the acquisition and installation of materials and equipment, for compensation or otherwise, for the conservation or more efficient use of storm water or sewer services in such structures or equip- ment. Except for the necessary support of the poor and infirm, an appropriate charge -back shall be made for the extension of public moneys or credit. The charge -back shall be a lien against the structure benefited or a security interest in the equipment benefited. [1998 c 31 § 2.] Findings— Intent -1998 c 31: "The legislature finds that the voters approved an amendment to Article VIII, section 10 of the state Constitution in 1997. The legislature finds that this amendment to the state Constitution will allow necessary improvements to be made to storm water and sewer services so that less pollution is discharged into the waters of the state, less treatment will be needed, and capacity for existing treatment systems will be saved. It. is the intent of the legislature to enact legislation that grants specific authrity to units of local government that provide storm water and sewer services to operate programs that are consistent with the authority granted in House Joint Resolution No. 4209." [1998 c 31 § 1.1 Effective date -1998 c 31 § 2: "Section 2 of this act takes effect July 1, 1998." [1998 c 31 § 3.] 35.67.370 Mobile home parks — Replacement of septic systems. Cities, towns, or counties may not require existing mobile home parks to replace existing, functional septic systems with a sewer system within the community unless the local board of health determines that the septic system is failing. [1998 c 61 § 1.1 (2002 Ed.) Sections 35.68.010 Authority conferred. 35.68.020 Resolution--Contents. 35.68.030 Resolution — Publication— Notice— Hearing. 35.68.040 "Sidewalk construction fund." 35.68.050 Assessment roll— Hearing — Notice -- Confirmation — Appeal. 35.68.060 Method of payment of assessments. 35.68.070 Collection of assessments. 35.68.075 Curb ramps for physically handicapped—Required- Standards and requirements. 35.68.076 Curb ramps for physically handicapped —Model standards. 35.68.080 Construction of chapter. Assessments and charges against state lands: Chapter 79.44 RCW. 35.68.010 Authority conferred. Any city or town, hereinafter referred to as city, is authorized to construct, reconstruct, and repair sidewalks, gutters and curbs along and driveways across sidewalks, which work is hereafter referred to as the improvement, and to pay the costs thereof from any available funds, or to require the abutting property owner to construct the improvement at the owner's own cost or expense, or, subject to the limitations in RCW 35.69.020 (2) and (3), to assess all or any portion of the costs thereof against the abutting property owner. [1996 c 19 § 1; 1965 c 7 § 35.68.010. Prior: 1949 c 177 § 1; Rem. Supp. 1949 § 9332a.] 35.68.020 Resolution — Contents. No such improve- ment shall be undertaken or required except pursuant to a resolution of the council or commission of the city or town, hereinafter referred to as the city council. The resolution shall state whether the cost of the improvement shall be borne by the city or whether all or a specified portion shall be borne by the city or whether all or a specified portion shall be borne by the abutting property owner; or whether the abutting owner is required to construct the improvement at his own cost and expense. If the abutting owner is required to construct the improvement the resolution shall specify the time within which the construction shall be commenced and completed; and further that if the improve- ment or construction is not undertaken and completed within the time specified that the city will perform or complete the improvement and assess the cost against the abutting owner. [1965 c 7 § 35.68.020. Prior: 1949 c 177 § 2; Rem. Supp. 1949 § 9332b.] 35.68.030 Resolution— Publication— Notice- Hearing. If all or any portion of the cost is to be assessed against the abutting property owner, or if the abutting property owner is required to construct the improvement, the resolution shall fix a time from and after its passage, and a place, for hearing on the resolution. The resolution shall be published for two consecutive weeks before the time of hearing in the official newspaper or regularly published official publication of the city or town and a notice of the date of the hearing shall be given each owner or reputed owner of the abutting property by mailing to the owner or reputed owner of the property as shown on the tax rolls of the county treasurer, at the address shown thereon a notice [Title 35 RCW —page 2351 Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHOMISH S.S. SUMMABY of C)SD1NAN1�1t CE -3487 of the City of Edmonds, Washington On the 3rd day ofebruary, 2004, the Cityy Council of the City of Edmonds, passed Ordinance No. 3487.-A summary of the content of said ordinance, consisting of the title; provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS;.WASHING- TON, AMENDING CHAPTERS 7.90, 7:91, 7.92, T94 AND 7.102 OF THE•EDMONDS CITY CODE; CLARIFYING =THE APPLICABILITY OF.PRETREATMENT.STANDARDS.AND REGULATIONS TO EXISTING AND NEW FACILITIES; RE- VISING CERTAIN CODIFIED DEFINITIONS FOR SAID STANDARDS AND REGULATIONS, ESTABLISHING COM- PLIANCE .'DEADLINES .FOR REGULATED. FACILITIES; AND.FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. i .. The full text 'of this Ordinance will be mailed upon request, DATED this 4th day of February, 2004 CITY CLERK, SANDRA S. CHASE Published: February 8, 2004. RECEIVED FEB 1 7 2004 EDMONDS CITY CLERK The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice of Edmonds Summary of Ordinance No. 3487 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: February 08, 2004 and that said newspaper was regularly distributed to its subscribers during all of said period. Ka,� �' Principal Clerk Subscribed and sworn to before me this 9th Notary Public in and for County. i AC1B LlG WAS Account Name: City of Edmonds Account Number: 101416 Orde �tRnbex�a`8001132274