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:
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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
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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.
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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.
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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
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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.
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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;
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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).
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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.
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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;
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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.
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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.
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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.
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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.
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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
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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
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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