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Edmonds City Code Supplement 26SUPPLEMENT DIRECTIONS Updated by: EDMONDS CITY CODE Supplement No. 26 – August 2002 Dated: New, reprinted pages included with this supplement are listed by title and page number in the right-hand column below. The left-hand column lists obsolete material that should be removed from the code. Follow the instruction columns in sequence: remove and replace pages as necessary. When completed, insert these directions in a convenient place near the front of the code book. For future reference, the person making these changes may also date and initial this page. This supplement includes ordinances from Ordinance 3398 through 3412, passed July 23, 2002. Remove these pages Insert these pages Table of Contents Table of Revised Pages 1 – 3................................................................ 1 – 3 Title 2 Title 6 Title 7 19-24.2 .................................................. 19-24.4 1............................................................................ 1 12.1-16 ..................................................... 13-16 1...........................................•................................ 1 9-12.2 ...................................................... 9-12.2 17-18 ........................................................ 17-18 — 11-1�7 Ordinance Table 7-8 ................................................................ 7-8 17-18 ........................................................ 17-18 31-32 ........................................................ 31-32 Index 10.1-14 ..................................................... 11-15 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 8/02) Title 5 5.01 5.02 5.04 5.05 5.08 5.10 5.12 5.14 5.15 5.20 5.21 5.22 5.24 5.26 5.27 5.28 5.30 5.32 5.34 5.36 5.38 5.40 5.42 5.46 5.48 5.50 5.55 Title 6 6.10 6.20 6.30 6.40 6.50 6.60 6.65 Title 7 7.10 7.20 7.30 7.40 7.50 Public Safety and Morals Preliminary Article................................................................................. 3 Advertising, Crimes Relating To............................................................ 5 Alcoholic Beverages............................................................................... 6 AnimalControl....................................................................................... 7 Anticipatory Offenses........................................................................ 20.2 BoatingCode..................................................................................... 20.2 Children and Minors, Crimes Relating To ............................................ 23 Controlled Substances, Paraphernalia, Poisons, and Toxic Fumes ...... 24 Regulation of Sale of Tobacco Products ............................................... 25 FalseAlarms......................................................................................... 27 Misuse of the 911 or Emergency Call System ................................... 28.1 Fire, Crimes Relating To...................................................................... 29 Firearms and Dangerous Weapons....................................................... 30 Repealed................................................................................................ 34 Fireworks............................................................................ ....... 34 Frauds, Swindles and False Representations ........................................ 37 Noise Abatement and Control............................................................... 38 ParkRegulations................................................................................... 44 Persons, Crimes Relating To................................................................ 50 Property, Crimes Relating To............................................................... 52 Offenses Against the Public Morals ..................................................... 53 Public Officers, Crimes Relating To ..................................................... 56 Public Peace, Crimes Relating To ........................................................ 58 Miscellaneous Crimes........................................................................... 59 Violations Bureau - Bail Regulations ............................................... 60.1 Penalties and Court Costs..................................................................... 62 Emergency Response Cost Recovery ................................................... 64 Health and Sanitation Health Officer - Duties........................................................................... 3 Nuisances................................................................................................ 4 NoxiousWeeds....................................................................................... 6 LitterControl.......................................................................................... 7 Repealed................................................................................................ 14 Disaster Preparation and Coordination ................................................. 14 Edmonds Fire Department - Provision of Emergency Services ........... 19 Utility Charges and Regulations Water Service ................................. Backflow Prevention ...................... Water Rates and Sewer Charges .... Fire Protection Water Service ............................... I........................ 3 ....................................................... 8 ...................................................... 10 ............................................................... 14 Stormwater Management Utility.......................................................... 16 Contents -3 (Revised 8/02) 7.60 Combined Utility ...................... ............................ . ......... I..,.................. 18 7.70 Solid Waste Management .................................................................. 18.1 8.08 7.80 Solid Waste Recycling.......................................................................... 8.16 19 7.90 Wastewater Pretreatment - General Provisions .................................... 23 7.91 Wastewater Pretreatment - General Requirements .............................. 31 7.92 Wastewater Pretreatment - Wastewater Discharge Permit Parking.................................................................................................. 12 Requirements........................................................................................ Downtown Edmonds Rideshare Program ............................................... 41 7.93 Wastewater Pretreatment - Reporting Requirements ........................... 43 7.94 Wastewater Pretreatment - Sampling and Analytical Requirements ... 44 7.95 Wastewater Pretreatment - Compliance Monitoring ............................ 45 7.96 Wastewater Pretreatment - Confidential Information .......................... 47 7.97 Wastewater Pretreatment - Administrative Enforcement Remedies .... 47 7.98 Wastewater Pretreatment - Judicial Enforcement Remedies ............... 51 7.99 Wastewater Pretreatment - Supplemental Enforcement Action ........... 52 7.100 Wastewater Pretreatment - Affirmative Defenses to Discharge Violations.............................................................................................. 53 7.101 Reserved............................................................................................... 55 7.102 Wastewater Pretreatment - Miscellaneous Provisions ......................... 56 Title 8 Traffic 8.04 Definitions and Title............................................................................... 3 8.06 Offenses and Penalties............................................................................ 4 8.08 Parade Permits........................................................................................ 5 8.16 Speed Regulations................................................................................... 7 8.24 One -Way Street Traffic Control Devices ............................................... 9 8.28 Special Stops......................................................................................... 10 8.32 Miscellaneous Driving and Traffic Rules ............................................. 10 8.48 Parking.................................................................................................. 12 8.49 Downtown Edmonds Rideshare Program ............................................... 17 8.50 Abandoned and Junked Motor Vehicles ............................................ 18.2 8.51 Edmonds Employee Permit Parking Program ..................................... 22.1 8.52 Residential Parking Zone Regulations .................................................. 23 8.56 Regulating Traffic on Certain Highways .............................................. 26 8.60 Enforcement.......................................................................................... 27 8.64 Schedules of Designated Streets........................................................... 28 Title 9 Streets and Sidewalks 9.05 Datum Line............................................................................................. 3 9.20 Sidewalk Construction............................................................................ 3 9.25 Street Obstruction................................................................................... 9 Title 10 Boards and Commissions 10.01 Council Confirmation............................................................................. 3 10.05 Architectural Design Board.................................................................... 3 10.15 Repealed.................................................................................................. 5 (Revised 8/02) Contents -4 10.16 Cemetery Board.............................................................. 10.20 Edmonds Civic Arts Commission ................................... 10.25 Civil Service Commission .............................................. 10.30 Disability Board.............................................................. 10.31 Medical Self -Insurance Advisory Board ......................... 10.35 Hearing Examiner........................................................... 10.40 Planning Board............................................................... 10.50 Public Library Board ...................................................... 10.60 Edmonds Sister City Commission .................................. 10.70 Lodging Tax Advisory Committee ................................. 10.80 Citizens' Commission on Salaries of Elected Officials .. 10.90 Edmonds Historic Preservation Commission ................. Tables Index 5 ............... I........ 8 ...................... 10 ...................... 17 ....................... 18 ................... 18.1 ...................... 19 ...................... 21 ...................... 22 ...................... 24 ...................... 25 ...................... 27 Contents -5 (Revised 8/02) Edmonds City Code TABLE OF REVISED PAGES Table of Revised Pages The following table is included in this code as a guide for determining whether the code volume properly reflects the latest printing of each page. This table will be updated with the printing of each supplement. Through usage and supplementation, pages in looseleaf publications can be inserted and removed in error when pages are replaced on a page -for -page substitution basis. The "Page" column lists all page numbers in sequence. The "Revised Date" column reflects the latest revision date (e.g., "(Revised 1/96)") and printing of pages in the up-to-date volume. A "-" indicates that the page has not been revised since the 1995 republication. This table reflects all changes to the code through Ordinance 3412, passed July 23, 2002. Page Revised Date Preface........................................ ::.............................. -- Table of Contents 1, 2....................................................................... 12/01 3, 4.....................................iiia............... . . ................. 8/02 . 5 ......... ...................... 8/02 Title 1 1...-•-•......................................................................... - 3, 4..------•................................................................... - 5, 6 .......................................... ............ iiia............... 2/02 6.1, 6.2................................................................... 2/02 7,8 ................................................................. 9,10 .................................. ........ ........ iiia. ........... iiia. -- 11, 12 ....... ........................................... ........... - 13, 14........................................................................ - 15 . .............................. -........... .................................. - Title 2 11/00 1........................................................................... 12/01 3,4 ........................................................................ 11/98 5, 6............................................................................ - 7,8 ........................................................ :................ 2/00 9,10/12 ...............................................................:.. 2/00 13,14 ..--•---•............................................................ 2/02 14.1, 14.2............................................................... 2/02 15,16 ..................... ............ ........................................ - 17, 18 ....... .. ... iiia,.. ----• ...................ii is 8/98 19,20 ..........................................................iiia....... 8/02 21,22 ............................:......................................-. 8/02 23,24 ................................... :..:.......................... :... 8/02 24.1, 24.2............................................................... 8/02 24.3, 24.4 .............. ............... --•--.._.......--•------......I.... 8/02 25,26 ..................................................................... 6/99 27,28 ..................................................................... 5/00 29,30 ................................................ 5/00 Title 3 1.......................................................................I... 11/00 3,4 ............................................................... 5,6 ...................................... .................................. 6/99 7,8 ..................... ...... .................. ............. 11/99 Page Revised Date 9,10 ..........................:........................................ 11/00 10.1, 10.2............................................................. 10/97 11,12 ........................................................................ - 13, 14........................................................................ - 14.1, 14.2..........,................................................... 11/00 15,16 ...............................................................---- ... - 17,18 ....................................... ,............................. 2/00 18.1, 18.2............................................................... 2/00 19,20 ........................................................................ 21,22 ..................................................................... 2/98 23,24 ...... .......... ................................................... 11/00 24.1, 24.2.............................................................. 11/00 25,26 ..................................................................... - 27, 28 .......................................................--•-.... 11/00 29,30 .....................................................:.:..............•. - 31,32 ................................................................... 10/97 33,34 ................................ ... --.................................. - 35, 36..................................................................... 2/98 36.1, 36.2................................................................ 2/98 37,38 ........................................................................ - 39, 40 .....................i........... i is ...................................iiia. - 41,42 ............ ..................................iiia......... 2/02 42.1 42.2 ..........................................................I.... 2/02 43, 44 .............::...... 45,46 .....................................................•--•------......... Title 4 1 ................... .....--........ ••............... ......................... 8/96 3,4 ............... ---•...--.--................................................ - 5, 6............................................................................ - 7, 8.....................:...............:................................... 8/96 9,10 ..................................................................... 11/99 10,1,10-2 ............................................................. 11/99 11,12 ........................................................................ - 13, I4......................................................................... - 15, 1.6 ................................................. ........ ..•---•-...... 17,18 ........................................................................ 19,20 ........... ..................................... ........................ - 21, 22........................................................................ - 23, 24........................................................................ - 25, 26........................................................................ - 27, 28 ............................ ..... .................... - Revisions -1 (Revised 8/02) Table of Revised Pages Page Revised Date 29,30 ........................................................................ .-- 31, 32........................................................................ 5,6 ............................................................................ - 33.34 .......................................................................... -- 35,. 36.................................................................... 8/96 36.1, 36.2................................................................ 8/96 36.3, 36.4 ......................................................... I.... 8/96 36.5, 36.6.............................................................. 8/96 36.7, 36.8 ............................... •--•.......... ................ 8/96 36.9, 36.10............................................................ 8/96 36.11, 36.12.......................................................... 8/96 36.13, 36.14.......................................................... 8/96 37,38 ......................................................................... - 39, 40 ..... :....... :....:....:.:...... ::.....:.:..:.... .:............. ::.::... - 41,42 ......................... ........................................... 8/01 43,44 ......... :........ :.................................................... 8/96 45,46 .................................................................... 8/96 47,48 .................................................................... 8/96 49,50 ...................................................................... 8/96 51,52 .................................................................... 8/96 53,54 ..................................................................... 8/96 54.1, 54.2.............................................................. 8/96 54.3, 54.4........................:............................:........ 2/00 54.5, 54.6 .........; ..:.:::..:....... :........ .. ......................., 2/00 55,56 ........................................................................ - 57, 58........................................................................ 59,60 ........,...................................................... 61,62 ......................................_......................... - 63, 64 .................................................................... - 65, 66 .......----• ..................................... ...................... - 67, 68........................................................................ - 69, 70........................................................................ - 71, 72........................................................................ - Title 5 1 ........................................................... ... .... 11/00 3, 4........................................................................ 8/99 5,6 ............................................................................ - 7, 8 . ..................................................... ,................ 11/00 9,10 .......................... ............. .......... ............. I .... .. 11/00 11,12 ................................................................... 11/00 13, 14..........................................................._.......... 11/00 15,16 ................................................................... 11/00 17,18 ...............................:..........,,........................ 11/00 19,20 ............................................................... :... 11/00 20.1, 20.2 ........... :................................................... 11/00 20.3, 20.4............................................................. 11/00 21,22 ........................................................................ --- 23, 24................................................---...................... -- 25, 26........................................................................ - 27,28 ......................................... ................... 28.1, 28.2 ..... :.....:...................................... :..... :... :. 6/99 29,30 ...............:........................................................ - 31, 32.........................................................:.............. - 33,34 ...............................................---.......---•..I.....--- 8/02 35,36 .....................................-•----............................. 8/02 Page Revised Date 37,38 ..................................................................... 5/02 39,40 ........................................................................ - 41, 42.......................................................................... - 43, 44........................................................................ - 45, 46 ..... _ ........ - ............... .... ..... ................ 47,48 .........................................::...........---.---....... 2/00 49,50 _............................-•-----•-.....................----...... 2/00 50.1, 50.2 ......... ............... .•...... ........... .,.::_............. 2/00 51,52 ..................................................................... 7/97 53,54 ..........,........................................................... 8/96 55,56 ..................................................................... 8/96 57,58 ...................................................................... 7/97 59,60 ....................................... ::.::......... ................ 5/98 60.1, 60.2 ........................ :...................................... 5/98 61,62 .................................;...................................... - 63, 64..................................................................... 5/00 Title 6 1............................................................................. 8/02 3,4 ......................................................... 5,6 ............................................................................ 7,8 ........................... .::.......................................:... 8/01 9, 10..........:........:...::................................................. 11,12 ..................................................................... 8/01 13, 14 ... ........ .. ... ..•-.............. ... --.-................... ....... 8/02 15,16 ...................... .......................... .................... 8/02 17,18 ..................................................................... 5/98 19........................................................................... 5/01 Title 7 1............................................................................. 8/02 3,4 ............................................................................ - 5, 6 .................... ............................. - 7, 8 ........................................................... ............. - 9, 10........................................................................ 8/02 11, 12 ..........:.::.:: .................... :............ :.:............ :... 8/02 12.1, 12.2 .... :...... :.......... ......::.. ............................... 8/02 13,14 ........... :......................... :......................... :........ - 15, 16-----•............................................................... 8/99 17,18 ..................................................................... 8/02 18.1, 18.2................................................................ 8/99 19,20 ........................................................................ - 21, 22........................................................................ - 23, 24..................................................................... 8/02 25,26 ..................................................................... 8/02 27,28 ..................................................................... 8/02 29,30 ..................................................................... 8/02 31,32 ..................................................................... 8/02 33,34 ..................................................................... 8/02 35,36 ........ ................................................ :........ ....... 8/02 37,38 .............................. .... : ............. :................ :. 8/02 39,40 ..........:.......................................................... 8/02 41,42 ..................................................................... 8/02 43,44 ..................................................................... 8/02 45,46 ..................................................................... 8/02 (Revised 8/02) Revisions -2 Edmonds City Code Page Revised Date 47,48 ............................................ ::::::............ ....... 8102 49,50 ..................................................................... 8102 51,52 ............................................................... -.- 8/02 53,54 ....................................................... ......... 8/02 55,5() .... ................. ,....... ,....... ............. ..................... 9/02 57 ... .... .. .. ....................... 8102 Title 8 11/00 1............................................................................. 8/01 3,4 ............................................................................ 5/02 5,6 ............................................................................ - 7, 8....................................................................... 11198 9,10 ........ ........................................ ,........ I.,.............. - 11, 12........................................................................ 8/01 13,14 ................... ...... ..... .................. ... 8/01 15,16 ... :.................... ............. - .............................. 8/01 16.1, 16.2 ......................................... ......... ............. 8/01 16.3, 16.4.............................................................. 8/01 16.5, 16.6 ............................ ........... ..................... ....... 8/01 17,18 ..................................................................... 8/01 18.1, 18.2 .......................... .:..................................... 1/96 19,20 .....................................................:.................. - 21, 22...........................................:............:................ - 22.1, 22.2....................::.......................................... 5/00 22.3, 22.4............................................................... 5/00 23,24 .......................... ..................... ............. ---------- - 25,26 ........................................................................ - 27,28 ......................................................................... - 29,30 ..................... :.:....... ::..:.::...:.......................... 8/96 31,32 ..................................................................... 3/99 33........................................................................... 4/97 Title 9 1 ...................................... . .................................... 12/96 3,4 ............................................................... --.... 12/96 5,6 ............................................--...---................... 12/96 7,8 ........................--.----•....................................... 12/96 9,10 ........................................... I ............. ............ 12/96 Title 10 1 ............ ...-........................................................... 5/02 3,4 ............................... .............I.............. . - 5, 6 ........................ .................. ........................... 8/96 7,8 ......................................................................... 8/96 9,10 .......................................................................... - 11, 12........................................................................ - 13, 14...............................••-•...........--•-----•----••---........ - 15, 16......................................................................... 17,18 ................................................................... 10/97 18.1, 18.2............................................................. 10/97 19920 ........,..............::............................................ 8/96 21922 ............................................. .......:............ ::... 8/98 23,24 ..................................................................... 2/98 25,26 ..................................................................... 8/01 Table of Revised Pages Page Revised Date 27,28 ......................... :............. ............................... 5/02 29.........................................::............................--.. 5/02 Ordinance Tables 1,2 .....................................•------------....................... 8/98 3,4 ......................................................................... 2/00 5,6 ............................................................................ 7,8 ..............................................................-•---...... 8/02 9,10 ........................................ ............................... 2/00 11,12 ........:............................................................ 8/98 13,14 .............. ................ •-- ........ •.... I-- ........... 11/00 15,16 ..................................................................... 2/00 17, 18..................................................................... 8/02 19, 20.................................................................... 11/00 21,22 ................................................................... 11/00 23,24 ...................... :....... :................ :..................... 2/00 25,26 ................ :...:............................................... 11/00 27,28 .................................. i.:- .............. :.............. 2/02 29,30 ............................................................---.---.. 8/00 31,32 .................................................. .................. . 8/02 Index 1,2 ................................................................ 11/00 3,4 ....................................................:.................... 5/02 4.1, 4.2......................•----....................................... 5/02 5,6 ...................----.................................................. 5/01 7,8 ......................................................................... 5/02 8.1, 8.2 ............................... ....... .......................... 5/02 9,10 ........................................... ......... 8/01 11,12 .............. .•--.......... ................................. :....... 8/02 13, 14..................................................................... 8/02 15 ............................................ :............................... 8/02 Revisions -3 (Revised 8/02) Edmonds City Code Chapter 2.30 MUNICIPAL EMPLOYEES BENEFIT PLAN Sections: 2.30.010 Employee benefit plan authorized. 2.30.020 Plan mandatory. 2.30.010 Employee benefit plan authorized. There is established for qualified city employees a benefit plan to be provided by the city in lieu of coverage under the Federal Old Age Survivors Disability and Health Insurance Act. The benefit plan shall be as set forth in that certain document entitled, "City of Edmonds Employees Benefit Plan", prepared by Howard Johnson and Company, three cop- ies of which are and have been on file in the office of the city clerk for use and examination by the public. [Ord. 1922 § 2, 1977; Ord. 615 § 1, 1951]. 2.30.020 Plan mandatory. The terms of the plan shall be mandatory for all present and future qualified city employees. [Ord. 1922 § 3, 1977; Ord. 615 § 2, 1951]. 2.35.010 Chapter 2.35 VACATION AND SICK LEAVE Sections: 2.35.010 Definitions. 2.35.020 Holidays. 2.35.030 Vacations. 2.35.040 Compensating time. 2.35.045 Shared leave. 2.35.050 Emergency service. 2.35.060 Sick leave. 2.35.070 Transfer of position. 2.35.080 Extenuating circumstances. 2.35.090 Conflict. 2.35.010 Definitions. A. "Compensating time" is that period of time that an employee may have away service of the city due to service in excess of regular hours. B. "Continuous service" is continuous ser- vice of an employee of the city and shall con- tinue until resignation or involuntary dismissal. Military leave of not to exceed 30 days in any one calendar year, absence because of military service in time of war, and permitted sick leave shall not constitute an interruption of continu- ous service. C. "Contract employee" is an employee whose terms and conditions of employment are determined by an annual contract with the city. Contract employees shall include but are not limited to the council resource person; pro- vided, however, that no person shall be deemed a contract employee without the express autho- rization of the city council. The provisions of the contract shall govern and control and no provision of any collective bargaining agree- ment or this chapter shall be applicable to the position unless specifically referenced in the contract and the city ordinance. The employee shall receive only those benefits provided by the contract or specifically required pursuant to state or federal law. 2-19 (Revised 8/02) 2.35.020 D. "Employee" means those persons em- ployed in the service of the city on a full-time basis and who are remunerated pursuant to the annual salary ordinance, other than those per- sons for whom the city has recognized a sole collective bargaining agent. E. "Service" is being present for and/or per- forming the duty to which an employee of the city has been assigned. [Ord. 2870 § 2, 1992]. 2.35.020 Holidays. A. Each employee shall be entitled to one day away from service for each of the follow- ing holidays: January 1st (New Year's Day); Third Monday of January (Martin Luther King, Jr. Day); Third Monday of February (President's Day); Last Monday of May (Memorial Day); July 4th (Anniversary of Declaration of Independence); First Monday of September (Labor Day); November 11th (Veteran's Day); Fourth Thursday of November (Thanksgiv- ing Day); Day immediately following Thanksgiving Day; December 24th and 25th (Christmas Eve and Christmas Day); B. Each employee who, because of the nature of his/her service, serves on a holiday, shall be compensated in accordance with the following provisions: 1. Employees classified as nonexempt shall, at his/her option, be compensated for work on that holiday either by payment for such work at the overtime rate of pay or, may, at his/her election receive an equivalent amount of compensatory time off at a date con- venient to the city. Such day away from ser- vice shall be set at a date mutually agreed upon, but shall be set within 12 months of the holiday served. Such rate of pay shall not be (Revised 8/02) 2-20 pyramided in the event that any hours worked are subject to the overtime provisions of the Fair Labor Standards Act. 2. Exempt employees shall be permitted one full day away from service with full pay on a day which he/she would otherwise have served. Such day off shall be scheduled at a date mutually agreed upon within 12 months of the holiday served. C. No employee shall be called to work on any holiday for less than a full day of work. When any of the aforementioned holidays falls on a Sunday, the Monday following shall be considered the holiday. If the holiday occurs during an employee's vacation, he/she shall receive the holiday pay in addition to his/her vacation pay. D. Nothing in this section shall be con- strued to have the effect of adding or deleting the number of paid holidays provided for in any existing agreement between the city and any group or groups of employees of the city. If any of the legal holidays set forth in this section are also federal legal holidays but observed on different dates, only the holiday occurring on the date specified shall be recog- nized as a paid legal holiday. In no case shall both be recognized as paid legal holidays for employees. [Ord. 3404 § 1, 2002; Ord. 2821 § 1, 1991; Ord. 2571 § 1, 1986; Ord. 1862 § 1, 1976; Ord. 1422, 1969; Ord. 1168 § 2, 1966]. 2.35.030 Vacations. A. Regular employees shall accrue the fol- lowing. amount of vacation leave with pay based on the length of continuous service, as that term is defined in the personnel policies: 1. Nonexempt, represented employees shall receive vacation leave in accordance with the applicable collective bargaining agree- ment; 2. Nonexempt and exempt nonrepre- sented employees below the level of division Edmonds City Code manager shall accrue annual vacation in accor- dance with the following schedule: Years of Employment Days of Vacation After the first six months Six days of credit of continuous employment Second six months Five days additional Two years through five 11 days per year years Six years through 11 16 days per year years 12 years through 19 years 21 days per year 20 years and thereafter 22 days per year 3. Division managers (consisting of the planning manager, assistant fire chief, fire mar- shal, assistant police chief (2), building offi- cial, court administrator, cultural and recre- ational manager, parks manager, facilities manager, street manager, water/sewer man- ager, treatment plant manager, fleet manager, city engineer, accounting manager, and the city clerk) shall accrue annual vacation in accor- dance with the following schedule: Years of Employment Days of Vacation After the first six months Eight days of credit of continuous employment Second six months Eight days additional Two years through five 16 days per year years Six years through 11 21 days per year years 12 years and thereafter 22 days per year 4. The police chief, fire chief, adminis- trative services director, community services director, public works director, parks and rec- reation director, human resources director and development services director shall accrue 22 days per year. Such accruals shall be credited on a semi-monthly basis with each employee's paycheck, except as provided above. The rate 2.35.040 of accrual shall be reflected by a credit equal to the proportionate share of vacation earned for the period. B. Employees are encouraged to use their accumulated vacation time within the year in which it is earned. Vacation accruals of up to one year's accumulation may be carried over from one year to the next. Employees who give notice of retirement within 24 months are authorized to accumulate two years accrual at any time prior to retirement. C. Vacation schedules must be submitted by each department not later than March lst of each year. D. Any employee whose service is honor- ably terminated after the completion of six months of continuous service shall be paid for any vacation time accumulated prior to the effective date of termination. [Ord. 3279 § 2, 1999; Ord. 2970 § 1, 1994; Ord. 2716, 1989]. 2.35.040 Compensating time. When work beyond regular hours is required of an employee of the city (excluding those employees listed in subsection A below), compensating time off may be allowed as city requirements permit, subject to the following requirements: A. The following policies shall not apply to the department directors and division manag- ers listed below: Accounting manager Administrative services director Assistant fire chief Assistant police chief(s) City clerk City engineer Community services director Fire chief Fire marshal Human resources director Parks and recreation director Planning manager Police chief Public works director Wastewater treatment plant manager Building official 2-21 (Revised 8/02) 2.35.045 Cultural and recreation manager Parks manager Street manager Facilities manager Water/sewer manager Fleet manager The above employees shall receive a normal monthly salary and their presence or absence from their regular work schedule shall be reviewed in accordance with the mayor's administrative policies. B. Nonexempt employees, on their request and at the city's option, may be permitted to take compensating time off at the overtime rate of one and one-half times the actual overtime worked in lieu of payment; provided, that such employees may not accumulate more than 40 hours of compensating time and any compen- sating time off must be used within the 12 - month period following the date on which overtime is earned. C. All exempt employees other than those excluded by subsection A shall receive com- pensatory time for night meetings, emergency call outs, and other similar periods for which they are required by their supervisor to work. Compensating time shall not be earned for short extensions of regular work hours less than one hour in length, such as staying late or coming in early. Compensatory time for such exempt employees shall be earned at the straight time rate, one hour of compensatory time earned for each hour worked. The mea- surement of such time shall be in accordance with the mayor's administrative policies. Com- mencing January 1, 1990, such exempt employees shall be allowed to accumulate up to a maximum of 40 hours of compensatory time during any calendar year. The terms of use shall be as established by the mayor's admin- istrative policy. If an employee earns addi- tional compensatory time after he or she has accumulated the maximum, then the employee must either be paid for the additional time or provided time off during the next pay period. (Revised 8/02) 2-22 D. Compensating time shall be taken at the convenience of the city. All compensating time must be recorded and then approved by the em- ployee's supervisor and/or department head. E. Upon termination, no exempt employees shall be paid for unused compensatory time unless time has been earned in excess of the 40 - hour maximum. Nonexempt employees shall be paid for unused compensating time at one and one-half times the overtime worked. How- ever, every effort should be made to use com- pensating time prior to termination. [Ord. 3279 § 3, 1999; Ord. 2732 § 1, 1989; Ord. 2542, 1985; Ord. 2508, 1985; Ord. 2482, 1985; Ord. 2340, 1983; Ord. 2204 § 1, 1981; Ord. 1939, 1977; Ord. 1168 § 4, 1966]. 2.35.045 Shared leave. A. Intent. The purpose of shared leave is to permit city employees, at no additional em- ployee cost to the city other than the adminis- trative cost of administering the program, to come to the aid of a fellow employee who is suffering from or has an immediate family member suffering from illness, injury, impair- ment, physical or mental conditions which has caused, or is likely to cause, the employee to take leave without pay or to terminate his or her employment. "Immediate family" is defined as spouse, son, daughter, mother, father, and in- laws of the same degree. The personnel direc- tor may, but has no obligation, to approve rec- ognition of other, significant relationships similar in nature to that of the immediate fam- ily, if the needs of the city permit. In addition to these purposes, the shared leave program may be used by employees who have been in- voluntarily called to military service. B. A department director, with the mayor's approval, may permit an employee to receive shared leave under this section if: 1. The employee suffers, or has an immediate family member suffering from an illness, injury, impairment or physical or men- tal condition, which has caused, or is likely to cause, the employee to go on leave without pay Edmonds City Code or to terminate his or her employment with the city. In addition, the shared leave program may be utilized by an employee who has been invol- untarily called to active duty in the Washington National Guard, or in the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States. An employee seeking to utilize the shared leave program due to an involuntary call to military service need not establish com- pliance with subsections (B)(2) through (4) of this section. 2. The employee has depleted or will shortly deplete his or her total of accrued vaca- tion, sick leave, compensatory time, holiday time, and/or other paid leave. 3. Prior to a request to use shared leave, the employee has abided by the sick leave pol- icy. 4. The employee has diligently pursued and is found to be ineligible for state industrial insurance benefits or such benefits have been exhausted. 5. Use of shared leave will not signifi- cantly increase the city's costs except for those costs which would otherwise be incurred in the administration of this program and which would otherwise be incurred by the employee's department. . C. The department director, with the con- currence of the mayor, shall determine the amount of shared leave, if any, which an employee may receive under this section. The employee shall be required to provide appro- priate medical justification and documentation both of the necessity for the leave and the time which the employee can reasonably be expected to be absent due to the condition. Shared leave shall be limited to no more than a maximum of six continuous calendar months or six months total in any five-year period and cannot be used to extend the absence of the employee beyond the post -leave time pre- scribed by state statute, the applicable labor agreement, or city policy. 2.35.045 D. Shared leave shall be funded through voluntary transfers of accrued vacation and/or sick leave from other city employees to the employee approved for a shared leave. Both vacation and sick leave can be donated for a shared leave request, which has been approved due to an extraordinary/catastrophic type ill- ness or injury. For this type of request, all donated vacation must be used prior to any use of donated sick leave. For illnesses and inju- ries, which are noncatastrophic in nature, only vacation leave can be donated and used. Sick leave donations are not allowed for this type of request. Co-workers who donate leave must retain a reasonable amount of accrued vacation and sick leave to protect them from a wage loss due to illness or injury and to enjoy a reason- able vacation period. When reviewing police employees, the police chief may consider hol- iday and compensatory time for purposes of approving shared leave requests and donations of leave time. Department directors shall not transfer any leave time in excess of the amount specified in the request. All donations shall be voluntary. The department director shall deter- mine that no significant increase in city costs will occur as a result of the transfer of leave. E. Leave may be transferred from em- ployees) from one department to an employee of the same department, or, with the concur- rence of both department directors, to an em- ployee of another department. F. While an employee is on shared leave, he or she will continue to be classified as a city employee and shall receive the same treatment, in respect to salary and benefits, as the em- ployee would otherwise receive if using vaca- tion leave. 1. All salary benefit payments made to the employee on a shared leave shall be made by the department employing the person using the shared leave. 2. The employee's salary rate shall not change as a result of being on shared leave nor, under any circumstances, shall the total of the employee's salary and other benefits, including 2-23 (Revised 8/02) 2.35.050 but not limited to state industrial insurance or any other benefit received as a result of pay- ments by the city to an insurer, health care pro- vider, or pension system, exceed the total of salary and benefits which the employee would have received had he or she been in a regular pay status. G. Leave shall be transferred on a dollar - for -dollar basis. The value of the leave shall be determined at the current hourly wage of the transferor and the leave available to the receiv- ing employee shall be calculated at the receiv- ing employee's wage. H. The personnel department shall be responsible for computing values of donated leave and shared leave, and shall also be responsible for adjusting the accrued leave balances to show the transferred leave. The administrative services director shall deter- mine the appropriate fund transfers and budget amendments as needed for city council action. Records of all leave time transferred shall be maintained in the event any unused time is returned at a later date. I. The value of any leave transferred which remains unused shall be returned at its original value to the employee or employees who donated the leave. The department director shall determine when shared leave is no longer needed. To the extent administratively feasi- ble, the unused leave shall be returned on a pro rata basis. J. The personnel department shall monitor the use of shared leave to insure equivalent treatment for all employees of the city. Inap- propriate use or treatment of the shared leave provision may result in cancellation of the donated leave or use of shared leave. [Ord. 3412 § 1, 2002; Ord. 3373 § 2, 2001; Ord. 2910 § 1, 1993; Ord. 2738 § 1, 1989]. 2.35.050 Emergency service. During an emergency all employees shall be available for extra duty as required by the city. [Ord. 1168 § 5, 1966]. (Revised 8/02) 2-24 2.35.060 Sick leave. A. Represented employees accrue sick leave at the rate of and to the maximum estab- lished in the respective collective bargaining agreements. Nonrepresented employees shall accrue sick leave at the rate of one working day for each full calendar month of the employee's continuous service. The maximum amount of accrued sick leave shall not exceed 1,000 hours for such nonrepresented employees. B. Upon honorable termination, unused sick leave shall be paid to nonrepresented employees at a rate equal to one-half of the reg- ular rate of pay at the date of termination to a maximum of 800 hours. In the event of the death of an employee, the payment for unused sick leave shall be paid to the surviving spouse or to the estate of the decedent if there is no sur- viving spouse. Honorable termination means resignation or lay-off due to lack of work or funding and shall not include any discharge for cause. In the event that further or conflicting terms are established by the provisions of col- lective bargaining agreements, such provisions shall control such payments to represented employees in accordance with their respective collective bargaining agreement. C. An employee eligible for sick leave with pay shall be granted such leave for: 1. Personal illness or physical incapac- ity resulting from a cause beyond the employee's control; 2. Forced quarantine of the employee; 3. Upon approval of the mayor, the death of a member of an employee's immedi- ate family. D. The certificate of a physician and/or a written report concerning the need for the sick leave may be required by the city, and if so required shall be supplied by the employee in order to qualify for sick leave with pay. E. As an incentive to the appropriate use of sick leave, nonrepresented employees may earn additional leave hours on an inverse basis Edmonds City Code to the amount of sick leave used during the cal- endar year, in accordance with the following schedule: Hours of Annual Leave Sick Leave Used Hours Earned 0 24 8 16 16 8 24 0 Annual leave earned under this program shall be in the calendar year in which the leave was earned. Absences compensated through the state workers' compensation illness or injury program shall not be taken into consideration when applying the eligibility standards. The leave earned shall be pro -rated to the nearest full hour on the basis of sick leave used. F. Nonrepresented employees who have accrued in excess of 800 hours of sick leave may convert the excess hours to a cash pay- ment at the rate of three hours of sick leave for one hour of compensation at the employee's current rate of pay, up to a maximum of $1,000 per year. The human resources department shall notify the employee of his or her accrued sick leave hours with the last paycheck in August of each year. The sick leave payout shall be paid with the first paycheck in January. Employees must request the optional sick leave payout within 10 working days from the date notice of accrued sick leave was provided. [Ord. 3279 § 4,1999; Ord. 2668 § 2,1988; Ord. 2664 § 7, 1988; Ord. 1462, 1970; Ord. 1422, 1969; Ord. 1168 § 6, 1966]. 2.35.070 Transfer of position. In the event an employee is transferred from one position to another within the city, any accrued vacation time and/or accrued sick leave time and/or compensating time shall be available to the employee in his new position. [Ord. 1168 § 7, 1966]. 2.35.090 2.35.080 Extenuating circumstances. The foregoing provisions of this chapter shall be considered as minimum employee privileges, which may be extended for extenu- ating circumstances upon the approval of the mayor. [Ord. 1168 § 8, 1966]. 2.35.090 Conflict. In the event that any provision of this Chap- ter 2.35 ECC or any provision of this ECC Title 2 shall conflict with any provision of an employment contract or collective bargaining agreement approved by the city council, such contract or agreement shall prevail. In no event shall any employee be entitled to claim greater benefits under this chapter than those provided for by a collective bargaining agreement or employee contract covering said individual's employment. [Ord. 2571 § 3, 1986]. 2-24.1 (Revised 8/02) 2.36.010 Chapter 2.36 MILITARY LEAVE* Sections: 2.36.010 Annual leave for reservists. 2.36.020 Involuntary military service. 2.36.030 Other military leave and obligations. *Code reviser's note: Ord. 3373 added this chapter as Chapter 2.25. It has been editorially renumbered to pre- vent duplication of chapter numbers. 2.36.010 Annual leave for reservists. Every city employee who is a member of the Washington National Guard or of the Army, Navy, Air Force, Coast Guard, or Marine Corps Reserve of the United States, or of any organized reserve or armed forces of the United States, shall be entitled to annual leave as provided in RCW 38.40.060. [Ord. 3373 § 1, 2001]. 2.36.020 Involuntary military service. A. Subject to the provisions of subsections B through H of this section, every city employee who is involuntarily called to active duty in the Washington National Guard, or in the Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States, shall be entitled to receive the following from the city, commencing on the first day the employee reports for active duty, the first day of duty after expiration of such leave and continuing for the period specified below or until the employee's discharge from active duty, which- ever occurs first: 1. For 60 days: the difference, if any, between the employee's regular salary or wages, fixed as of the last day of service ren- dered to the city prior to reporting for active duty, and the monetary compensation paid to the employee for the employee's military ser- vice, inclusive of housing and food allowances and other similar expenses; and (Revised 8/02) 2-24.2 2. For 90 days following the expiration of leave provided for in subsection (A)(1) of this section: medical, dental, and vision bene- fits for the employee and the employee's dependents, at the same level as provided to the employee and the employee's dependents as of the last day of service rendered to the city prior to reporting for active duty. 3. An employee shall be entitled to uti- lize the total of the benefits set forth in this sec- tion once within any five -calendar -year period. The five-year period shall commence on the first day such benefit(s) are used. 4. An employee may utilize vacation, compensatory time and other forms of accrued leave eligible for use in accordance with the terms of, and limitations on the use of, such accrued leave, prior to or in conjunction with the use of military leave, in order to supple- ment or extend the benefits created by this chapter. Use of such benefits shall result in an adjustment of time limits for military leave to reflect the usage of accrued leave. B. In order to qualify for the compensation and benefits to be provided under subsection A of this section, an employee who is involun- tarily called to active military service must exe- cute an agreement obligating the employee to return to work at the city upon completion of active duty and within the reemployment rights period established by federal law. The agree- ment shall provide that if the employee fails to return to city employment within the time period prescribed by law during which the employee has a right to return, the employee shall be obligated to reimburse the city for all compensation and benefits that are paid under this section. C. In order to receive the compensation pro- vided by subsection (A)(1) of this section, the employee shall be required to submit copies of his or her military pay stubs showing all com- pensation received from the military during the period of active service. The employee may submit such stubs once per pay period, but no more frequently than once every two weeks. Edmonds City Code The city shall pay the compensation amount due under subsection (A)(1) of this section, if any, at the time of the city's next regularly scheduled payroll. D. City employees who have already been involuntarily called to military service prior to the effective date of the ordinance codified in this chapter may qualify for the compensation and benefits provided herein by signing an agreement to return as provided in subsection B of this section. In such case, the 60 days of compensation and benefits and the 90 days of COBRA continuation shall commence on the date the agreement is signed. E. During the period of military leave, the employee shall not accrue or receive any other compensation, benefits, seniority, or any other rights whatsoever from the city except those specifically provided for in this section and those specifically required by state and federal law, except to the extent that additional leave accrued through the use of accrued leave under subsection .(A)(4) of this section. F. Use of the term "employee" in this sec- tion in order to describe those called to military service is for convenience only and is not in- tended to imply that such persons remain city employees during the period of active duty. Upon completion of the last day of service for the city prior to reporting for active military service, such person is no longer a city em- ployee for any purpose, unless and until reem- ployed by the city as provided under federal law. G. The provisions of this section shall apply only to those city employees who are involun- tarily called to active military service. Employ- ees who voluntarily enlist or who otherwise volunteer for such active service are not eligi- ble. H. Nothing herein shall be interpreted to expand the rights of employees to return to the city beyond those rights granted by state and federal law. By way of illustration and not lim- itation, the city reserves its right to determine whether an employee can be reasonably 2.36.030 accommodated in the event he/she becomes disabled, to refuse to reemploy an individual who is dishonorably discharged or otherwise exercise its statutory or common law discretion as a public employer. [Ord. 3399 § 1, 2002; Ord. 3373 § 1, 2001]. 2.36.030 Other military leave and obligations. The city will comply with all provisions of state and federal law relating to military leaves and benefits, including, but not limited to, 38 U.S.C. § 4301, et seq., and RCW 38.40.060. [Ord. 3373 § 1, 2001]. 2-24.3 (Revised 8/02) This page left intentionally blank. (Revised 8/02) 2-24.4 Title 6 HEALTH AND SANITATION Chapters: Page 6.10 Health Officer — Duties........................................................................ 3 6.20 Nuisances............................................................................................. 4 6.30 Noxious Weeds.................................................................................... 6 6.40 Litter Control....................................................................................... 7 6.50 Repealed.............................................................................................14 6.60 Disaster Preparation and Coordination .............................................. 14 6.65 Edmonds Fire Department — Provision of Emergency Service ......... 19 6-1 (Revised 8/02) Edmonds City Code tion, mailing by registered mail of such war- rant, citation or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged. Nothing herein shall be construed to prohibit citizens' complaints or arrests as may be otherwise permitted under applicable state regulations, state statute, ordinance or court rule. [Ord. 1610, 1972]. 6.40.210 Purpose. The purpose of this chapter is to accomplish litter control in the city and pursuant to the gen- eral laws of the state of Washington to adopt basically uniform and coordinated litter control local legislation throughout the state. This chapter is intended to place upon all persons within the city, in a cooperative and coordi- nated statewide effort, the duty of contributing to the public cleanliness of the city and appear- ance in order to promote the public health, safety and welfare and to protect the economic interests of the people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial and non- commercial handbills. [Ord. 1610, 1972]. 6.40.220 Severability. In any section, subsection, sentence, clause, phrase, words or word of this chapter is for any reason found to be unconstitutional or other- wise invalid, such unconstitutionality or inval- idity shall not affect the constitutionality or validity of the remaining portions of this chap- ter, it being hereby expressly declared that each section, subsection, sentence, clause, phrase, words or word would have been pre- pared, proposed, adopted, approved and rati- fied irrespective of the fact that any one or more section, subsection, sentence, clause, phrase, words or word be declared or other- wise found unconstitutional or invalid for any reason. [Ord. 1610, 1972]. 6.40.250 6.40.230 Interpretation. In the event any other city ordinance, whether or not codified, is in conflict with any of the terms of this chapter, the more stringent shall be construed as applicable. [Ord. 1610, 1972]. 6.40.240 Penalties. Every person convicted of a violation of this chapter for which no penalty is specifically provided within the specific section violated, shall be punished by a fine of not more than $50.00 for each such violation. Each day that such violation continues shall be considered a separate offense. The penalties provided for in this chapter are specifically excluded from the provisions of ECC 5.50.020. [Ord. 2897 § 4, 1992; Ord. 1610, 1972]. 6.40.250 Effective date. Repealed by Ord. 2897. 6-13 (Revised 8/02) 6.60.010 Chapter 6.50 SEWAGE TREATMENT PLANT OBSTRUCTION (Repealed by Ord. 3401) (Revised 8/02) 6-14 Chapter 6.60 DISASTER PREPARATION AND COORDINATION Sections: 6.60.010 Purposes. 6.60.020 Definitions. 6.60.030 Emergency operations plan. 6.60.035 Emergency management organization. 6.60.040 Powers and duties of disaster coordinator in preparation for a disaster. 6.60.050 Authority of disaster services coordinator in the event of a disaster. 6.60.060 Violations. 6.60.065 Temporary replacement of the mayor. 6.60.070 Immunity from private liability. 6.60.300 Severability. 6.60.010 Purposes. The purpose of this chapter is to protect the lives and property of the citizens of Edmonds in the event of a disaster through planning, training and organization and by authorizing the exercise of emergency powers as pre- scribed by RCW 38.52.070. [Ord. 2224 § 1, 1981]. 6.60.020 Definitions. A. Disaster. 1. "Disaster" as used in this chapter shall mean an event or set of circumstances which: a. Demands immediate action to pre- serve public health, protect life, protect public property or to provide relief to any stricken area within the city overtaken by such occur- rences; or b. Reaches such a dimension or degree of destructiveness as to warrant the mayor proclaiming the existence of a disaster or the Governor declaring a state of emergency Edmonds City Code in accordance with appropriate local and state statute. 2. The proclamation of a disaster by the mayor shall be accompanied simultaneously by: a. A public proclamation posted on the exterior of all city offices, schools and libraries; and b. The prompt effort to serve per- sonal notice to all members of the city council, with service modes to include confirmed tele- phone contact or personal service by city staff. B. "Emergency services coordinating agen- cy (ESCA)" is a local government agency cre- ated pursuant to Chapter 38.52 RCW that provides local disaster management functions for the Edmonds area, including coordination between Edmonds and other agencies and orga- nizations for disaster preparedness and disaster response. [Ord. 3196 § 1, 1998]. 6.60.030 Emergency operations plan. The emergency operations plan, to the extent that it does not conflict with this chapter, shall govern disaster preparedness and disaster response in the city of Edmonds. The emer- gency operations plan and any amendments thereto shall be subject to the approval of the mayor and shall immediately take effect upon approval by the mayor. [Ord. 3196 § 2, 1998]. 6.60.035 Emergency management organization. The emergency management organization of the city of Edmonds is created and shall consist of the following: A. The mayor, who shall be the administra- tive head and have direct responsibility for the organization, administration and operation of the emergency management organization for the city of Edmonds and direct responsibility for the disaster operations of departments in the city; B. The disaster coordinator, who shall be appointed by and be subject to the supervision of the mayor and who shall be responsible for the administration and operation of the emer- 6.60.040 gency management organization, including the issuance of recommendations to the mayor on the amendment and implementation of the emergency operations plan; C. The emergency operations board, which oversees and provides policy recommendation to the city council during disaster and recovery periods and provides direction for the develop- ment and maintenance of the emergency oper- ations plan. The emergency operations board shall oversee the activities of and provide direction to the emergency management com- mittee during major emergencies and disas- ters. The emergency operations board provides policy direction for disaster preparedness and mitigation. The mayor shall serve as chair of the emergency operations board and the disas- ter coordinator shall serve as vice -chair. The remaining membership of the emergency oper- ations board shall be as designated in the emer- gency operations plan; D. The emergency management commit- tee, which provides staff support, direction and expertise in development of the emergency operations plan and all supporting documents. The disaster coordinator shall serve as chair of the committee. The emergency operations plan may also designate the ESCA director as a co- chair of the committee. Other membership in the committee shall be as designated in the emergency operations plan. [Ord. 3196 § 3, 1998]. 6.60.040 Powers and duties of disaster coordinator in preparation for a disaster. Subject to the direction and control of the mayor, the disaster coordinator shall be empowered as follows: A. To have direct responsibility for disaster coordination including, but not limited to, the organization, administration, and operation of the emergency management committee, and the resolution of questions of authority and responsibility arising among the various mem- bers of such organization. 6-15 (Revised 8/02) This page left intentionally blank. (Revised 8/02) 6-16 Title 7 UTILITY CHARGES AND REGULATIONS Chapters: Page 7.10 Water Service....................................................................................... 3 7.20 Backflow Prevention............................................................................ 8 7.30 Water Rates and Sewer Charges........................................................ 10 7.40 Fire Protection Water Service............................................................ 14 7.50 Stormwater Management Utility....................................................... 16 7.60 Combined Utility............................................................................... 18 7.70 Solid Waste Management............................................................... 18.1 7.80 Solid Waste Recycling....................................................................... 19 7.90 Wastewater Pretreatment — General Provisions ................................. 23 7.91 Wastewater Pretreatment — General Requirements ........................... 31 7.92 Wastewater Pretreatment — Wastewater Discharge Permit Requirements..................................................................................... 41 7.93 Wastewater Pretreatment — Reporting Requirements ........................ 43 7.94 Wastewater Pretreatment — Sampling and Analytical Requirements.................................................................................... 44 7.95 Wastewater Pretreatment — Compliance Monitoring ......................... 45 7.96 Wastewater Pretreatment — Confidential Information ....................... 47 7.97 Wastewater Pretreatment — Administrative Enforcement Remedies............................................................................................ 47 7.98 Wastewater Pretreatment — Judicial Enforcement Remedies ............ 51 7.99 Wastewater Pretreatment — Supplemental Enforcement Action........ 52 7.100 Wastewater Pretreatment — Affirmative Defenses to Discharge Violations........................................................................................... 53 7.101 Reserved............................................................................................ 55 7.102 Wastewater Pretreatment — Miscellaneous Provisions ...................... 56 7-1 (Revised 8/02) Edmonds City Code connection, which, in the opinion of the direc- tor of public works or his designee, will endan- ger the water quality of the potable water supply of the city of Edmonds, is unlawful. [Ord. 1711 § 1, 1974]. 7.20.030 Backflow prevention devices to be installed. Backflow prevention devices, when required to be installed in the opinion of the director of public works or his designated rep- resentative, shall be installed and maintained by the service customer on any service connec- tion to the city of Edmonds water supply sys- tem where the backflow prevention devices are necessary for the protection of the city of Edmonds' water supply. [Ord. 1711 § 1, 1974] . 7.20.040 Private water supply systems. Use or operation of a private water supply system, contrary to the provisions of the ordi- nances of the city of Edmonds, or the laws of the state of Washington or the rules and regu- lations of the State Board of Health regarding public water supplies where the private system is served by the city public water supply is unlawful. [Ord. 1711 § 1, 1974]. 7.20.050 Adoption of state regulations. The community services director or his/her designee is hereby authorized to develop rules and regulations based upon and including the requirements of the rules and regulations of the State Board of Health regarding public water supplies and the protection of such supplies from contamination entitled "Cross -Connec- tion Control Regulations in Washington State", the provisions of WAC 246-290-490, and the American Waterworks Association, Pacific Northwest Second Edition of "Accepted Pro- cedure and Practice in Cross -Connection Man- ual." The provisions of the Washington Administrative Code, the rules and regulations of the Department of Health set forth in the Cross -Connection Control Regulations in 7.20.060 Washington State and the previously refer- enced Accepted Procedure and Practice in Cross -Connection Manual are hereby adopted by this reference as fully as if herein set forth in full. Any additional rules and procedures necessary to implement such regulations shall be developed by the community services direc- tor or his/her designee as appropriate. Such rules and regulations shall be kept on file along with copies of the above referenced regulations and manuals in the office of the city engineer of the city of Edmonds. [Ord. 2956 § 1, 1993; Ord. 1711 § 1, 1974]. 7.20.060 Abatement of unlawful cross - connections and installation of backflow prevention devices — Procedures. Cross -connections declared in this chapter to be unlawful whether presently existing or hereinafter installed and/or services requiring backflow prevention devices and/or unlawful use or operation of a private water supply sys- tem served by the city public water supply are public nuisances and, in addition to any other provisions of this code or the ordinances of the city of Edmonds on abatement of public nui- sances, shall be subject to abatement in accor- dance with the following procedure: A. In the event that the director of public works or his designee determines that a nui- sance as herein provided does exist, written notice shall be sent to the person in whose name the water service is established under the records of the city of Edmonds water division, or alternatively, a copy of such written notice shall be posted on the premises served. B. The notice shall provide that the nui- sance described herein shall be corrected within 30 days of the date the notice is mailed or posted on the premises. C. In the event the nuisance is not abated within the prescribed time, water service to the premises shall be discontinued. D. In the event that the nuisance, in the opinion of the director of public works or his 7-9 (Revised 8/02) 7.20.070 designated representative, presents an immedi- ate danger of contamination to the public water supply, service from the city water supply sys- tem to the premises may be terminated without prior notice; provided, however, notice will be posted on the premises in the manner hereto- fore provided at the time the service is termi- nated. [Ord. 1711 § 1, 1974]. 7.20.070 Penalties. In addition to the remedies set forth herein, any person found guilty of violating any of the provisions of this chapter shall be subject to the penalties as set forth in ECC 5.50.020. [Ord. 1711 § 1, 1974]. (Revised 8/02) 7-10 Chapter 7.30 WATER RATES AND SEWER CHARGES Sections: 7.30.010 Definitions. 7.30.020 Separate single-family residence meters. 7.30.030 Water rates — Meter installation charges. 7.30.035 Water and sewer utility connection charges. 7.30.040 Utility charges — Sanitary sewer. 7.30.045 Special connection charge. 7.30.050 Unauthorized use of water. 7.30.060 Severability. 7.30.070 Water and sewer rate reductions for low income citizens. 7.30.080 Reserved. 7.30.090 Penalties. 7.30.010 Definitions. A. "Dwelling unit" means a building or portion thereof providing complete house- keeping facilities for one family. B. "Single-family residence" means a detached building containing one dwelling unit only. C. "Duplex" means a building, occupying a lot, containing two dwelling units. D. "Apartment houses" and other "multiple units" (except hotels, tourist courts, trailer parks, and motels) means a building or build- ings used for and containing three or more dwelling units occupied on a weekly or monthly basis. Units rented on a weekly or monthly basis shall not be deemed to be tourist courts or motels. E. "Hotels" means any place with individ- ual rooms rented on a daily or weekly basis. F. "Tourist courts" and "motels" means detached multiple units, occupied and paid for on a daily basis. G. "Office buildings" includes all types of professional and business offices, including Edmonds City Code but not limited to architects, engineers, law- yers, doctors, dentists, real estate offices, etc. H. "Commercial" and "retail buildings" mean all types of retail and commercial busi- ness establishments other than office buildings and other than industrial or manufacturing, and each such business shall be considered as a sep- arate unit even though two or more may be in the same building. I. In the event there is more than one type of operation in the same building, i.e., a profes- sional office, a retail store, a restaurant, or an apartment, then in that case each separate cat- egory or type shall pay at the rate fixed under that particular category or type. J. "Equivalent residential unit" or "ERU" means a sewer connection charge based upon the winter standard water consumption of a single-family residence of 7.07 per 100 cubic feet of water. [Ord. 3339 § 1, 2000; Ord. 786 § 1, 1959]. 7.30.020 Separate single-family residence meters. Each single-family residence building or structure served by water shall be provided with its own separate water meter. Prior to the time when such additional separate meters can be installed, water rates shall be applicable on the same basis as if the separate meters were actually installed. [Ord. 1449, 1969]. 7.30.030 Water rates - Meter installation charges. A. The bimonthly rates of water supplied through meters shall be fixed at the following levels: Effective Dates Existing 1/1/03 1/1/04 1. Single-family residence (per unit) $12.57 $14.02 $15.63 2. Duplex, apartment houses, condominiums and other multi -unit residences (per unit) $11.07 $12.34 $13.76 7.30.030 3. All other customers: B. Variable Rate. In addition to the base rate set forth above, the customer shall be charged the following rate per 100 cubic feet of water consumed: Existing 1/1/03 1/1/04 $1.30 $1.45 $1.62 C. Meter Installation Charges. 1. New service line and meter installa- tion charges are fixed as follows: a. 3/4" $550.00 b. 1" $800.00 2. The actual cost of street restoration (with regard to all surface streets) shall be added to any meter installation charge, if appli- cable. 3. When approved by the city engineer, new service lines installed by a developer on a plat shall be credited as follows: a. 3/4" $175.00 b. 1" $200.00 D. All rates set forth in this section shall be exclusive of any applicable taxes. E. Consumption Surcharge. All customers shall pay an additional surcharge in the amount of 5-3/4 percent of the base rate and variable rate for water as set forth in subsections A and B of this section. [Ord. 3400 § 1, 2002; Ord. 3339 § 2, 2000; Ord. 2974 §§ 1 and 2, 1994; Ord. 2898 § 1, 1992; Ord. 2880 § 1, 1992; Ord. 2657 § 1, 1988; Ord. 2361 § 1, 1983; Ord. 2339 § 2, 1982; Ord. 2305 § 2, 1982; Ord. 2255 § 1, 1981; Ord. 2211 § 1, 1981; Ord. 7-11 (Revised 8/02) Existing 1/1/03 1/1/04 3/4" $15.20 $16.95 $18.90 1" $30.95 $34.51 $38.48 1.5" $57.24 $63.82 $71.16 2" $87.26 $97.29 $108.48 3" $188.24 $209.89 $234.02 4" $266.64 $297.40 $331.49 6" $528.57 $589.36 $657.13 B. Variable Rate. In addition to the base rate set forth above, the customer shall be charged the following rate per 100 cubic feet of water consumed: Existing 1/1/03 1/1/04 $1.30 $1.45 $1.62 C. Meter Installation Charges. 1. New service line and meter installa- tion charges are fixed as follows: a. 3/4" $550.00 b. 1" $800.00 2. The actual cost of street restoration (with regard to all surface streets) shall be added to any meter installation charge, if appli- cable. 3. When approved by the city engineer, new service lines installed by a developer on a plat shall be credited as follows: a. 3/4" $175.00 b. 1" $200.00 D. All rates set forth in this section shall be exclusive of any applicable taxes. E. Consumption Surcharge. All customers shall pay an additional surcharge in the amount of 5-3/4 percent of the base rate and variable rate for water as set forth in subsections A and B of this section. [Ord. 3400 § 1, 2002; Ord. 3339 § 2, 2000; Ord. 2974 §§ 1 and 2, 1994; Ord. 2898 § 1, 1992; Ord. 2880 § 1, 1992; Ord. 2657 § 1, 1988; Ord. 2361 § 1, 1983; Ord. 2339 § 2, 1982; Ord. 2305 § 2, 1982; Ord. 2255 § 1, 1981; Ord. 2211 § 1, 1981; Ord. 7-11 (Revised 8/02) 7.30.035 2197 § 1, 1981; Ord. 2139, 1980; Ord. 1963 § 1, 1977; Ord. 1898 § 1, 1977; Ord. 1709 § 1, 1974; Ord. 1457 § 1, 1970; Ord. 1385 § 2, 1968; Ord. 1263 § 1, 1967; Ord. 901, 1961; Ord. 786 § 2, 1959]. 7.30.035 Water and sewer utility connection charges. A connection charge shall be paid by each new customer connecting to the city's water or sewer system in accordance with the following requirements: A. Sewer System. The sanitary sewer con- nection charge shall be equivalent to $730.00 per ERU added as a result of the connection of the development. A multifamily residential unit shall be con- sidered equivalent to 0.67 of an ERU and the development services director shall estimate the average winter water consumption for con- nections of buildings, structures or uses other than residences and prorate the connection rate according to the equivalent number of ERUs such building, structure or use represents and establish an appropriate connection charge. B. Water Connection Charge. The connec- tion charge shall be based upon the size of the meter installed: Meter Size Flow Proposed (inches): Factor Charge 5/8 & 3/4" 1 $908 1" 2.5 $2,270 1.5" 5 $4,540 2" 8 $7,264 3" 16 $14,528 4" 25 $22,700 6" 50 $45,400 8" 80 $72,640 C. No water connection charge shall be lev- ied for connections to water mains installed pursuant to Local Improvement District Nos. (Revised 8/02) 7-12 115, 146 and 152 by properties which partici- pated in the establishment of said local improvement districts. [Ord. 3339 § 3, 2000]. 7.30.040 Utility charges - Sanitary sewer. The utility charges for sanitary sewer service set forth in this section shall be added to and made a part of the bimonthly or monthly rates for water supplied through the meters as set forth in ECC 7.30.030: A. For customers who are served by city waterlines, the following charges are imposed: Effective Dates Connected Unconnected 1. Single-family residences (bimonthly) Existing $47.71 $7.69 1/1/03 $49.71 $8.01 1/1/04 $51.80 $8.35 2. Duplexes, apartment houses, condominiums and other multi -unit residences (bimonthly) Existing $38.33/unit $7.69/unit 1/1/03 $39.94/unit $8.01/unit 1/1/04 $41.62/unit $8.35/unit 3. Duplexes, apartment houses, condominiums and other multi -unit residences (monthly) Existing $19.17/unit $3.85/unit 1/1/03 $19.98/unit $4.01/unit 1/1/04 $20.81/unit $4.18/unit 4. All other customers (monthly) Fixed Rate: Existing $2.73 N/A 1/1/03 $2.84 N/A 1/1/04 $2.95 N/A Volume Charge: Existing $3.08/ccf* N/A 1/1/03 $3.21/ccf* N/A 1/1/04 $3.34/ccf* N/A *Per 100 cubic feet of metered water consumption. Edmonds City Code B. For customers who are not served by city waterlines but who are connected to city sew- ers, the charges shall be the same as set forth in subsection A of this section and its subpara- graphs. C. These rates do not apply to industries or manufacturing concerns which have industrial wastes. These, together with other activities not covered in this chapter, shall be dealt with on a special basis and have special rates set for the particular business by the water/utility administrative staff, subject to review and approval by the city council. D. All property owners within an area served by a sanitary sewer system in the city of Edmonds are hereby directed and compelled to connect their private drains and sewers to the city system. Failure to do so within 30 days of written notice to connect by the city shall sub- ject the property owner to a monthly penalty equal to that charge imposed by subsections A, B, and/or C above. Said penalty shall be billed to the property owner, and they shall be subject to payment, collection and enforcement in all respects as though they were utility customers of the city. All penalties collected shall be con- sidered revenues of the sewer utility system. [Ord. 3400 § 2, 2002; Ord. 3339 § 4, 2000; Ord. 3195 § 1, 1998; Ord. 2823, 1991; Ord. 2657 § 2, 1988; Ord. 2551, 1986; Ord. 2361 § 2, 1983; Ord. 2255 § 2, 1981; Ord. 2197 § 2, 1981; Ord. 2181 § 1, 1980; Ord. 2147, 1980; Ord. 2139, 1980; Ord. 1898 § 2, 1977; Ord. 1465, 1970; Ord. 1458 § 1, 1970; Ord. 1264 § 1, 1967; Ord. 1051, 1964; Ord. 786 § 3, 1959]. 7.30.045 Special connection charge. In addition to any other charges prescribed by this chapter, a special connection charge shall be paid by the owner of any property, res- idential dwelling unit, or other structure that may hereafter connect to the sanitary sewer improvements constructed by any local improvement district formed by the city and for which no assessment was imposed or charged under the said LID. The special con - 7.30.050 nection charge for each property, residential dwelling unit, or other structure so connected shall be equal to the amount of the assessment that would have been levied against such prop- erty, residential dwelling unit, or structure under the final assessment roll of the appropri- ate LID if the said property, residential dwell- ing unit, or other structure had been so assessed, together with interest thereon at the rate established by the ordinance authorizing issuance of the bonds for said LID, from the time of such authorization until the time of connection. The special connection charge shall be paid in a lump sum prior to connection to the sanitary sewer. The special connection charge provided for in this section shall apply only where the debt used to finance the local improvements has not yet been fully retired through assessment payments. If such debt has been fully retired through payment of such assessments, the special connection charge shall not apply. [Ord. 3332 § 1, 2000]. 7.30.050 Unauthorized use of water. It is unlawful for any person, firm, corpora- tion, or other organization of any type whatso- ever to take, or allow to be taken, water from the Edmonds water system without a valid per - 7 -12.1 (Revised 8/02) This page left intentionally blank. (Revised 8/02) 7-12.2 Edmonds City Code 7.50.050 Rates and charges. The following rates shall be charged on all billings after the effective date shown with respect to the following classes of customers and/or service: D. An ESU is hereby defined to be the impervious surface area estimated to contrib- ute an amount of runoff which is approxi- mately equal to that created by the average single-family residential parcel. A single-fam- ily residential parcel is one ESU. For all other parcels, one ESU is equivalent to 3,000 square feet of impervious surface area. [Ord. 3400 § 3, 2002; Ord. 3195 § 2, 1998]. 7.50.060 Administrative rate adjustment. The city's public works director is hereby authorized to make adjustments to the city's stormwater utility rates as provided in this chapter in an amount up to 50 percent of the rate set in the preceding section in accordance with the following provisions: A. Upon written application to the public works director, a customer may request review of the city's stormwater management utility fee as applied to the specific developed prop- erty to which the fee has been charged. The applicant shall state the specific conditions and/or facilities on the site which the applicant feels warrants adjustment of the rate as applied to the property. 7.50.060 B. On his own motion, the public works director may initiate review of a stormwater utility charge to any parcel. C. The public works director shall have the authority to increase or decrease rates up to 50 percent of the level set by the city council. The sole criteria for adjusting the rate shall be a determination that the physical characteristics of the site and in particular the stormwater detention, retention and/or treatment facilities as installed thereon by the owners, or lack thereof, have significantly increased the bur- den which the property places upon the city's stormwater utility (in the event of an increase) or significantly decreased the burden (in the event of a decrease) by providing additional benefits over and above those which the aver- age property places upon the utility through on-site improvements including but not lim- ited to on-site pollution control mechanisms or technologies which relate to water quality and the property's impact upon the city's stormwa- ter management system. Factors personal to the property owner, such as ability to pay, shall not be considered. D. The decision of the public works direc- tor shall be in writing. It may be appealed to the Edmonds city council for review. In that review process the determination of the direc- tor shall be given substantial weight and an applicant for decrease shall have the burden of proof. In the event the director has recom- mended an increase, the city staff shall have the burden of proof in the process. The deci- sion of the Edmonds city council shall be final and shall not be appealable. The city council may either increase or decrease the rates within 50 percent of that set or may elect, in its sole discretion, to apply the rate as established by ordinance if the city council determined that such property does not differ substantially from other similarly situated ratepayers and their properties. [Ord. 3264 § 1, 1999]. 7-17 (Revised 8/02) Effective Dates 7/1/02 1/1/03 1/1/04 A. Single-family $10.60 $12.82 $13.46 residential and multifamily residential (bimonthly) B. Single-family $5.30 $6.41 $6.73 residential and multifamily residential (monthly) C. All other $5.30 $6.41 $6.73 nonresidential customers per ESU (monthly) D. An ESU is hereby defined to be the impervious surface area estimated to contrib- ute an amount of runoff which is approxi- mately equal to that created by the average single-family residential parcel. A single-fam- ily residential parcel is one ESU. For all other parcels, one ESU is equivalent to 3,000 square feet of impervious surface area. [Ord. 3400 § 3, 2002; Ord. 3195 § 2, 1998]. 7.50.060 Administrative rate adjustment. The city's public works director is hereby authorized to make adjustments to the city's stormwater utility rates as provided in this chapter in an amount up to 50 percent of the rate set in the preceding section in accordance with the following provisions: A. Upon written application to the public works director, a customer may request review of the city's stormwater management utility fee as applied to the specific developed prop- erty to which the fee has been charged. The applicant shall state the specific conditions and/or facilities on the site which the applicant feels warrants adjustment of the rate as applied to the property. 7.50.060 B. On his own motion, the public works director may initiate review of a stormwater utility charge to any parcel. C. The public works director shall have the authority to increase or decrease rates up to 50 percent of the level set by the city council. The sole criteria for adjusting the rate shall be a determination that the physical characteristics of the site and in particular the stormwater detention, retention and/or treatment facilities as installed thereon by the owners, or lack thereof, have significantly increased the bur- den which the property places upon the city's stormwater utility (in the event of an increase) or significantly decreased the burden (in the event of a decrease) by providing additional benefits over and above those which the aver- age property places upon the utility through on-site improvements including but not lim- ited to on-site pollution control mechanisms or technologies which relate to water quality and the property's impact upon the city's stormwa- ter management system. Factors personal to the property owner, such as ability to pay, shall not be considered. D. The decision of the public works direc- tor shall be in writing. It may be appealed to the Edmonds city council for review. In that review process the determination of the direc- tor shall be given substantial weight and an applicant for decrease shall have the burden of proof. In the event the director has recom- mended an increase, the city staff shall have the burden of proof in the process. The deci- sion of the Edmonds city council shall be final and shall not be appealable. The city council may either increase or decrease the rates within 50 percent of that set or may elect, in its sole discretion, to apply the rate as established by ordinance if the city council determined that such property does not differ substantially from other similarly situated ratepayers and their properties. [Ord. 3264 § 1, 1999]. 7-17 (Revised 8/02) 7.60.010 Chapter 7.60 COMBINED UTILITY Sections; 7.60.010 Combination of combined water and sewer utility and stormwater management utility. 7.60.020 Separate rates — Accountability. 7.60.030 Utility assistance fund. 7.60.010 Combination of combined water and sewer utility and stormwater management utility. The city is maintaining and operating a com- bined water supply and distribution system and sanitary sewage disposal system and, by Chap- ter 7.50 ECC, has created a stormwater man- agement utility. Pursuant to the provisions of RCW 35.67.331, the present combined water and sewer utility, and the stormwater manage- ment utility, together with all additions, exten- sions and betterments thereof at any time made, are hereby combined into a single utility; pro- vided that the accounting procedure for each system shall be kept separate as required by RCW 35.37.010. The combined water, sewer and stormwater management utility of the city, together with all additions, extensions and bet- terments thereof at any time made, shall here- inafter be called the "combined utility." 7.60.020 Separate rates — Accountability. The council declares its intent to establish rates for the combined water and sewer utility and stormwater management utility. In order to better account for the costs of the respective components of the combined utility, the administrative services director is directed to maintain such separate funds and accounting structures as may be necessary to discretely account for the costs, expenses and revenues of each component utility. When the staff makes recommendations for the establishment, increase or decrease in any rate, it is directed to (Revised 8/02) 7-18 provide supporting data which separately reflects such costs, expenses and revenues for each component utility. 7.60.030 Utility assistance fund. A. Purpose. The city council establishes the utility assistance fund in order to accept, hold and dispense funds contributed either from the city's general fund, from charitable and civic organizations or from individual rate -payers who have made donations for the assistance of a category of citizens known under Article 8, Section 7 of the Washington State Constitution as the "poor and infirm" and under other pro- visions of other state statutes and local ordi- nance as the low-income, elderly and disabled. B. Disbursement. Such monies as are con- tributed shall be held and disbursed to persons qualifying for the assistance programs estab- lished by ECC 7.30.070 and the provisions of state law incorporated in that section. Dis- bursements may be made, to the extent of monies held within the fund, for utility charges, connection fees, and other exactments levied by the utilities which, taken as whole, constitute the combined utility. The monies may be expended for purposes which gener- ally benefit the public health, safety and wel- fare or are designated by the donor of the fund. C. The administrative services director or his/her designee is hereby authorized to adopt forms and procedures for the acceptance of contributions to the fund and for the disburse- ment of monies from the fund. [Ord. 3393 § 1, 2002]. Edmonds City Code Chapter 7.90 WASTEWATER PRETREATMENT — GENERAL PROVISIONS Sections: 7.90.010 Purpose and policy. 7.90.020 Administration. 7.90.030 Definitions. 7.90.040 Abbreviations. 7.90.010 Purpose and policy. A. Chapters 7.90 through 7.102 ECC set forth uniform requirements for users of the publicly owned treatment works (POTW) operated by the city of Edmonds, and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 USC 1251 et seq.) and the General Pre- treatment Regulations (40 CFR Part 403). The objectives of Chapters 7.90 through 7.102 ECC are: 1. To prevent the introduction of pollut- ants into the POTW that will interfere with the operation of the POTW; 2. To prevent the introduction of pollut- ants into the POTW which will pass through the POTW, inadequately treated, into receiv- ing waters or otherwise be incompatible with the POTW; 3. To ensure that the quality of POTW sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations; 4. To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public; 5. To improve the opportunity to recycle and reclaim wastewater and biosolids from the POTW; and 6. To promote strategies that reduce the amounts of pollution generated by users, thereby reducing the associated hazards to the POTW and receiving waters. B. Chapters 7.90 through 7.102 ECC shall apply to all users of the POTW. Chapters 7.90 7.90.030 through 7.102 ECC define certain prohibited discharges; set forth local limits for use by state agencies in the issuance of wastewater discharge permits; authorize monitoring, com- pliance, and enforcement activities; establish administrative review procedures; require user reporting; and provide for the recovery of liq- uidated damages and collection of penalties. [Ord. 3401 § 1, 2002]. 7.90.020 Administration. Except as otherwise provided herein, the director shall administer, implement, and enforce the provisions of Chapters 7.90 through 7.102 ECC. Any powers granted to or duties imposed upon the director may be dele- gated by the director to other city of Edmonds personnel. [Ord. 3401 § 1, 2002]. 7.90.030 Definitions. Unless a provision explicitly states other- wise, the following terms and phrases, as used in Chapters 7.90 through 7.102 ECC, shall have the meanings hereinafter designated. 1. "Accessible," when applied to required pretreatment monitoring or treatment equip- ment, shall mean direct access without the necessity of removing any panel, door, vehi- cle, equipment, materials, or other similar obstruction. 2. "Act" or "the Act" means 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. 3. "Administrative penalty (fine)" means a a punitive monetary charge unrelated to treat- ment cost, which is assessed by the director rather than by a court. 4. "AKART" is an acronym for "all known, available, and reasonable technology (preven- tion, 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 reason- ably required for preventing, controlling, or abating the pollutants associated with a dis- 7-23 (Revised 8/02) 7.90.030 charge. AKART shall by applied by all users of the POTW. AKART includes best manage- ment practices and may be required by the director for any discharge to the POTW. 5. "Applicable pretreatment standards" means, 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. 6. "Approval authority" means the state of Washington Department of Ecology. 7. Authorized Representative of the User. a. If the user is a corporation: i. 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 deci- sion making functions for the corporation; or ii. The manager of one or more man- ufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accor- dance with corporate procedures; b. If the user is a partnership or sole pro- prietorship: a general partner or proprietor, respectively; c. 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; d. The individuals described in subsec- tions (a) through (c) of this definition may des- ignate 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 over- all responsibility for environmental matters for (Revised 8/02) 7-24 the company, and the written authorization is submitted to the city. 8. "Average daily flow" shall be defined as the arithmetical mean of the total process wastewater flow over a one-year period. This mean shall be calculated based on days when a discharge occurs. 9. "Best management practices (BMPs)" means 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 require- ments, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 10. "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter ame- nable to measurement by the methods described in Standard Methods for the Exami- nation of Water and Wastewater (19th ed. 1995); under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (milligrams per liter (mg/Q). 11. "Bypass" means the intentional diver- sion of wastestreams from any portion of a user's treatment facility. 12. "Categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promul- gated by the U.S. EPA in accordance with Sec- tion 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. 13. "Categorical user" means a user cov- ered by one or more of the EPA's categorical pretreatment standards. 14. "City" means the city of Edmonds, Washington. 15. "Cooling water/noncontact cooling water" means water used for cooling purposes which does not come into direct contact with Edmonds City Code 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. 16. "Color" means the optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical den- sity. 17. "Composite sample" means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. 18. "Day" shall be defined as a calendar day. 19. "Department" means the Washington State Department of Ecology or authorized representatives thereof. (DOE is also the defi- nition of the "approval authority.") 20. "Director" means the director of the city of Edmonds public works department, or his duly authorized representative or designee. 21. "Domestic sewage" means the liquid and waterborne wastes derived from ordinary living processes, free from industrial wastewa- ters, and of such character to permit satisfac- tory disposal, without special treatment, into the POTW. 22. "Domestic user (residential user)" means any person who contributes, causes, or allows the contribution of wastewater into the city POTW that is of a similar volume and/or chemical makeup as that from a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 100 gal- lons per capita per day at 250 mg/L of BOD and TSS. 23. "Environmental Protection Agency (EPA)" means the U.S. Environmental Protec- tion Agency or, where appropriate, the Re- gional Water Management Division Director, or other duly authorized official of said agency. 24. Existing Source. For a categorical user, an "existing source" is any source of dis- 7.90.030 charge, 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 accor- dance with Section 307 of the Act. 25. Existing User. For noncategorical users an "existing user" is defined as any user which is discharging wastewater prior to July 15, 2002. 26. "Fats, oils and grease (FOG)" shall mean those components of wastewater amena- ble to measurement by the methods described in Standard Methods for the Examination of Water and Wastewater (19th ed. 1995). The term "fats, oils and grease" shall include polar and nonpolar fats, oils, and grease and other components extracted from wastewater by these methods. 27. "Food service facility" means any facil- ity which prepares and/or packages food or beverages for sale or consumption, on- or off- site, with the exception of private residences. Food service facilities shall include, but are not limited to, food manufacturers, food packag- ers, restaurants, grocery stores, bakeries, lounges, hospitals, hotels, nursing homes, churches, schools, and all other food service facilities not listed above. 28. "Grab sample" means a sample which is taken from a wastestream on a one-time basis without regard to the flow in the waste - stream and without consideration of time. 29. "Grease interceptor" means a device located underground and outside of a food ser- vice facility designed to collect, contain or remove food wastes and grease from the waste - stream while allowing the balance of the liquid waste to discharge to the sewer system by grav- ity. 30. "Grease trap" means a device located in a food service facility or under a sink designed to collect, contain or remove food wastes and grease from the wastestream while allowing the balance of the liquid waste to discharge to the sewer system by gravity. 7-25 (Revised 8/02) 7.90.030 31. "High strength waste" means any waters or wastewater having a concentration of biochemical oxygen demand (BOD) or total suspended solids (TSS) in excess of 250 mg/L. 32. "Indirect discharge" or "discharge" means the introduction of pollutants into the POTW from any nondomestic source regu- lated 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, sur- face water intercepting ditches, and all con- structed devices and appliances appurtenant thereto. 33. "Industrial wastewater" means water or liquid -carried waste from any industry, manu- facturing operation, trade, or business which includes any combination of process wastewa- ter, cooling water, contaminated stormwater, contaminated leachates, or other waters such that the combined effluent differs in some way from purely domestic sewage, or is subject to regulation under federal categorical pretreat- ment standards, the state waste discharge per- mit program, or Chapters 7.90 through 7.102 ECC. 34. "Interceptor" means a device designed and installed so as to separate and retain dele- terious or undesirable matter from normal wastes and permit normal liquid wastes to dis- charge by gravity. 35. "Interference" means a discharge which alone or in conjunction with a discharge or dis- charges from other sources, either: a. Inhibits or disrupts the POTW, its treatment processes or operations; b. Inhibits or disrupts its sludge pro- cesses, use or disposal; or c. 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 provi- sions or permits issued thereunder: i. Section 405 of the Clean Water Act; (Revised 8/02) 7-26 ii. The Solid Waste Disposal Act (SWDA), including Title II commonly re- ferred to as the Resource Conservation and Re- covery Act (RCRA); iii. Any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; iv. The Clean Air Act; v. The Toxic Substances Control Act; and vi. The Marine Protection, Research, and Sanctuaries Act. 36. "Liquid waste" is the discharge from any appliance, appurtenance, or other fixture in connection with a plumbing system that does not receive fecal matter. 37. "Maximum allowable discharge limit" means the maximum concentration (or load- ing) of a pollutant allowed to be discharged at any time. 38. "May" means a permissive or discre- tionary directive. 39. "Medical wastes" means 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. 40. "New source" means: a. Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of applicable categorical standards, provided that: i. The building, structure, facility, or installation is constructed at a site at which no other source is located; or ii. The building, structure, facility, or installation totally replaces the process or pro- duction equipment that causes the discharge of pollutants at an existing source; or iii. The production or wastewater generating processes of the building, structure, facility, or installation are substantially inde- pendent of an existing source at the same site. Edmonds City Code. 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 con- sidered. b. Construction on a site at which an existing source is located results in a modifica- tion rather than a new source, if the construc- tion does not create a new building, structure, facility, or installation meeting the criteria of subsection (a)(ii) or (iii) of this definition but otherwise alters, replaces, or adds to existing process or production equipment. c. Construction of a new source as defined under this section has commenced if the owner or operator has: i. Begun, or caused to begin as part of a continuous on-site construction program: (A) Any placement, assembly, or installation of facilities or equipment; or (B) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facili- ties or equipment; or ii. 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 con- tracts for feasibility, engineering, and design studies do not constitute a contractual obliga- tion under this definition. 41. "New user" is not a "new source" and is defined as a user that applies to the city for a new building permit or any person who occu- pies an existing building and plans to dis- charge wastewater to the city's collection system after July 15, 2002. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an 7.90.030 "existing user" if no significant changes are made in the operation. 42. "Ordinance, this," as used in ECC Chapters 7.90 through 7.102, shall mean the provisions of ECC Chapters 7.90 through 7.102. 43. "Pass through" means a condition occurring when discharges from users (singly or in combination) exit the POTW in quantities or concentrations which either: a. Cause a violation of any requirement of a city NPDES or state waste discharge per- mit; b. Cause an increase in the magnitude or duration of a violation; or c. Cause a violation of any water quality standard for waters of the state promulgated under state regulations including Chapter 173- 201A WAC. 44. "Permittee" means a person or user issued a wastewater discharge permit or dis- charge authorization. 45. "Person" means any individual, part- nership, co -partnership, firm, company, corpo- ration, 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. 46. "pH" means 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). 47. "Pollutant" means any substance dis- charged 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 Washing- ton, 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, detri- mental or injurious to any beneficial uses, ter- restrial or aquatic life, or to public health, safety or welfare. 7-27 (Revised 8/02) 7.90.030 48. "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of) introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means (except by diluting the concentration of the pollutants, unless allowed by an applicable pretreatment standard). 49. "Pretreatment requirements" means 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. 50. "Pretreatment standards" or "stan- dards" means any pollutant discharge limita- tions including categorical standards, state standards, and limits of ECC 7.91.040 applica- ble to the discharge of nondomestic wastes to the POTW. The term shall also include the prohibited discharge standards of Chapters 7.90 through 7.102 ECC, WAC 173-216-060, and 40 CFR Part 403.5. 51. "Process wastewater" means industrial wastewater minus cooling water/noncontact cooling water. 52. "Prohibited discharge standards" or "prohibited discharges" means absolute prohi- bitions against the discharge of certain sub- stances; these prohibitions appear in ECC 7.91.010(A) and (B). 53. "Publicly owned treatment works (POTW)" means a "treatment works," as defined by Section 212 of the Act (33 USC 1292) which is owned by the city. This defini- tion includes all devices, facilities, or systems used in the collection, storage, treatment, recy- cling, and reclamation of sewage or industrial wastewaters of a liquid nature and any convey- ances that convey wastewater to a treatment plant. The term also means the city of Edmonds wastewater treatment plant. 54. "Sanitary flow" means sewage. (Revised 8/02) 7-28 55. "Septic tank waste" means any domes- tic and/or residential sewage from holding tanks such as vessels, chemical toilets, camp- ers, trailers, and septic tanks. 56. "Sewage" means water -carried human wastes or a combination of water -carried wastes from residences, business buildings, in- stitutions and industrial establishments, to- gether with such gray water (household show- ers, dishwashing operations, food preparation, etc.) as may be present. 57. "Sewer" means any pipe, conduit, ditch, or other device used to collect and trans- port sewage from the generating source. 58. "Shall" means a mandatory directive. 59. "Significant industrial user (SIU)" means: a. A user subject to categorical pretreat- ment standards; or b. A user that: i. Discharges an average daily flow of 25,000 GPD or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or ii. Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or iii. 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. c. Upon a finding that a user meeting the criteria in subsection (b) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any applicable pretreatment standard or require- ment, 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 accor- dance with procedures in 40 CFR 403.8(f)(6)) determine that such user should not be consid- ered a significant industrial user. Edmonds City Code 60. "Significant noncompliance (SNC)" shall refer to a violation or pattern of violation of one of the following natures: a. Chronic violations of wastewater dis- charge limits, defined here as those in which 66 percent or more of all wastewater measure- ments taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; b. Technical review criteria (TRC) vio- lations, defined here as those in which 33 per- cent 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); c. Any other discharge violation that the city believes has caused, alone or in combina- tion with other discharges, interference or pass through (including endangering the health of city personnel or the general public); d. 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; e. Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting con- struction, completing construction, or attain- ing final compliance; f. Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, periodic self- monitoring reports, and reports on compliance with compliance schedules; g. Failure to accurately report noncom- pliance; or h. Any other violation(s) that the director determines will adversely affect the operation or implementation of the local pretreatment program. 7.90.030 61. "Slug load" means any discharge at a flow rate or concentration which could cause a violation of the discharge standards in ECC 7.91.010 through 7.91.040 or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncus- tomary batch discharge, or any discharge greater than or equal to five times the amount or concentration allowed by permit or Chap- ters 7.90 through 7.102 ECC. 62. "Standard Industrial Classification (SIC) code" means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Manage- ment and Budget, as now exists or as may hereafter be amended. 63. "State" means the state of Washington. 64. "Stormwater" means any flow occur- ring during or following any form of natural precipitation, and resulting from such precipi- tation, including snowmelt. 65. "Total suspended solids" means the total suspended matter that floats on the sur- face of, or is suspended in, water, wastewater, or other liquid, and which is removable by lab- oratory filtering and is amenable to measure- ment by the methods described in Standard Methods for the Examination of Water and Wastewater (19th ed. 1995). 66. "Toxic pollutant" means one of the pol- lutants, 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. 67. "Treatment plant effluent" means the discharge from the city's POTW. 68. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with applicable pretreatment standards because of factors beyond the rea- sonable control of the user. 69. "User" or "industrial user" means a source of indirect discharge. The source shall not include "domestic user" as defined herein. 70. "Wastewater" means liquid and water - carried industrial wastewaters and sewage 7-29 (Revised 8/02) 7.90.040 from residential dwellings, commercial build- ings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. 71. "Wastewater discharge permit (indus- trial wastewater discharge permit, discharge permit, discharge authorization)" means 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 Chapters 7.90 through 7.102 ECC. 72. "Wastewater treatment plant" or "treat- ment plant" or "pollution control facility" means that portion of the POTW that is designed to provide treatment of municipal sewage and industrial wastewater. 73. "Zero discharge permit" means a per- mit for a categorical user that operates its pro- cesses so that no industrial wastewater is discharged to the POTW. [Ord. 3401 § 1, 2002]. 7.90.040 Abbreviations. The following abbreviations shall have the designated meanings: AKART All known available and NPDES 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 RCW Agency FOG Fats, oils, and grease gpd Gallons per day 1 Liter LEL Lower explosive limit mg Milligrams mg/L Milligrams per liter MSDS Material safety and data sheet (Revised 8/02) 7-30 NOV Notice of violation NPDES National Pollutant Discharge Elimination System O&M Operation and maintenance POTW Publicly owned treatment works RCRA Resource Conservation and Recovery Act, 42 USC 6901 et seq. RCW Revised Code of Washington SIC Standard Industrial Classifications SWDA Solid Waste Disposal Act, Chapter 70.95 RCW TSS Total suspended solids USC United States Code WAC Washington Administrative Code With regards to abbreviations contained in this chapter, the use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. [Ord. 3401 § 1, 2002]. Edmonds City Code Chapter 7.91 WASTEWATER PRETREATMENT — GENERAL REQUIREMENTS Sections: 7.91.010 Prohibited discharge standards. 7.91.020 Federal categorical pretreatment standards. 7.91.030 State requirements. 7.91.040 Local limits. 7.91.050 City's right of revision. 7.91.060 Special agreement. 7.91.070 Dilution. 7.91.080 Pretreatment facilities. 7.91.090 Deadline for compliance with applicable pretreatment requirements. 7.91.100 Additional pretreatment measures 7.91.110 Accidental discharge/slug control plans. 7.91.120 Septic tank wastes. 7.91.010 Prohibited discharge standards. A. General Prohibitions. No user or domes- tic user shall introduce or cause to be intro- duced into the POTW any pollutant or wastewater that causes pass through or inter- ference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreat- ment standards or requirements. B. Specific Prohibitions. No user or domes- tic user shall introduce or cause to be intro- duced into the POTW the following pollutants, substances, or wastewater: 1. Pollutants which may create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed -cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21; 2. Wastewater having a pH less than 5.0 or more than 11.0, or otherwise causing corro- sive structural damage to the POTW or equip- ment; 7.91.010 3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than one-quarter inch; 4. Pollutants, including oxygen -de- manding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant con- centration which, either singly or by interac- tion with other pollutants, will cause interfer- ence with the POTW; 5. Wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the tempera- ture at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius); 6. Petroleum oil, nonbiodegradable cut- ting oil, or products of mineral oil origin, in amounts that will cause interference or pass through; 7. Pollutants which result in the pres- ence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; 8. Trucked or hauled pollutants (includ- ing sanitary wastes and grease wastes) unless authorized by the director in writing; 9. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a haz- ard to life, or to prevent entry into the sewers for maintenance or repair; 10. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which conse- quently imparts color to the treatment plant's effluent, thereby violating the city's NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10 per- cent from the seasonably established norm for aquatic life; 7-31 (Revised 8/02) 7.91.010 11. Wastewater containing any radioac- tive wastes or isotopes except as specifically approved in writing by the director in compli- ance with applicable state or federal regula- tions; 12. Stormwater, surface water, ground water, artesian well water, roof runoff, subsur- face drainage, swimming pool drainage, con- densate, deionized water, noncontact cooling water, and unpolluted wastewater, unless spe- cifically authorized in writing by the director; 13. Any sludges, screenings, or other residues from the pretreatment of industrial or commercial wastes or from industrial or com- mercial processes, except as authorized in writing by the director; 14. Medical wastes, except as specifi- cally authorized in writing by the director; 15. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to exhibit toxicity in an analyt- ical test; 16. Detergents, surface-active agents, or other substances in amounts which may cause excessive foaming in the POTW; 17. Any liquid, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explo- sion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion meter, at the point of discharge into the system (or at any point in the system), be more than five percent nor any single reading over 10 percent of the lower explosive limit (LEL) of the meter; 18. Animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricat- (Revised 8/02) 7-32 ing oil, mud, or glass grinding or polishing wastes; 19. Any substance that will cause the POTW to violate its NPDES and/or other dis- posal system permits; 20. Any wastewater, which in the opin- ion of the director can cause harm either to the sewers, sewage treatment process, or equip- ment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance, unless authorized in a wastewater discharge permit; 21. The contents of any tank or other vessel commercially owned or used by any person in the business of collecting or pump- ing sewage, effluent, septage, or other waste- water, unless said person has first obtained testing and approval as may be generally required by the city of Edmonds and paid all fees assessed for the privilege of said dis- charge; 22. Any hazardous or dangerous wastes as defined in rules published by the state of Washington (Chapter 173-303 WAC) and/or in EPA rules 40 CFR Part 261; 23. Persistent pesticides and/or pesti- cides regulated by the Federal Insecticide Fun- gicide Rodenticide Act (FIFRA); 24. Any slug load; 25. Any substance that may cause the POTW's effluent or treatment residues, slud- ges, or scums to be unsuitable for reclamation and reuse, or to interfere with the reclamation process; 26. Fats, oils and grease in amounts that may cause obstructions or maintenance prob- lems in the collection/conveyance system, or interference in the POTW. C. Pollutants, substances, or wastewater prohibited by this chapter shall not be pro- cessed or stored in such a manner that they are likely to be discharged to the POTW unless the user has in place an approved accidental spill prevention plan (ASPP)/slug control plan. [Ord. 3401 § 2, 2002]. Edmonds City Code 7.91.020 Federal categorical pretreatment standards. National categorical pretreatment standards as adopted and hereafter amended by the EPA pursuant to the Act shall be met by all users in the regulated industrial categories. These stan- dards, found in 40 CFR Chapter I, Subchapter N, Parts 405-471, as the same now exists or is hereinafter amended, are hereby incorporated by reference. [Ord. 3401 § 2, 2002]. 7.91.030 State requirements. A. State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in Chapters 7.90 through 7.102 ECC or other applicable ordinances. This includes the requirement to meet AKART as defined herein whenever applicable and more stringent than the limits of ECC 7.91.040, and to comply with the requirements of Chapter 7.92 ECC. B. Any user determined by the city to qual- ify as a significant industrial user shall file an application for a state waste discharge permit with the department in accordance with the requirements of WAC 173-216-070. Proof of acceptance of the application, and payment of permit fees shall be kept at the user's facilities, and produced upon request by the city. Failure to submit the application or rejection of the application by the department may be consid- ered sufficient grounds to terminate or refuse to provide sewer service. [Ord. 3401 § 2, 2002]. 7.91.040 Local limits. A. The following pollutant limits are estab- lished to protect against pass through and interference. No person shall discharge waste- water containing in excess of the following daily maximum allowable discharge limits: 7.91.060 arsenic 0.36 mg/L cadmium 0.27 mg/L chromium 1.99 mg/L copper 0.12 mg/L cyanide 0.29 mg/L lead 1.82 mg/L mercury 0.07 mg/L nickel 2.14 mg/L silver 0.29 mg/L zinc 5.13 mg/L nonpolar fats, oils, and grease 100 mg/L (NPFOG) polar fats, oils, and grease 300 mg/L (PFOG) B. The above limits apply at the point where the wastewater is discharged to the POTW (i.e., end of the user's pipe). Categori- cal 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 sub- stances 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. [Ord. 3401 § 2, 2002]. 7.91.050 City's right of revision. The city reserves the right to establish more stringent standards or requirements on dis- charges to the POTW. [Ord. 3401 § 2, 2002]. 7.91.060 Special agreement. A. The city reserves the right to enter into written agreements with users to accept pollut- ants compatible with the treatment system at concentrations greater than those typical of domestic wastewater. Within such agree- ments, the city may establish terms of the 7-33 (Revised 8/02) 7.91.070 user's discharge to the POTW including max- imum flow rates and concentrations. The city may also establish fees to recover costs associ- ated with treating such wastes and monitoring schedules in such agreements, as provided by ECC 7.102.010. In no case will a special agreement waive compliance with a state or federal pretreatment standard or requirement including federal categorical pretreatment standards. B. Users discharging or intending to dis- charge pollutants other than BOD and TSS, and claiming compatibility, must prove to the satisfaction of the director that such pollutants are compatible with the POTW. The director may require any claim of compatibility to be endorsed by the department. [Ord. 3401 § 2, 20021. 7.91.070 Dilution. A user shall not increase the use of process water, or in any way attempt to dilute a dis- charge, as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or require- ment unless expressly authorized by an appli- cable pretreatment standard or requirement. The director may request the department to impose mass limitations on users, which he believes may be using dilution to meet applica- ble pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. [Ord. 3401 § 2, 2002] . 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 Chapters 7.90 through 7.102 ECC within the time limitations speci- (Revised 8/02) 7-34 fied by the EPA, the state, or the director, whichever is more stringent. 2. Detailed plans showing the pretreat- ment 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 proce- dures will in no way relieve the user from the responsibility of modifying the facility as nec- essary to produce an acceptable discharge to the city and/or the department and meet dis- charge limitations under the provisions of Chapters 7.90 through 7.102 ECC. Any facili- ties required to pretreat wastewater to a level acceptable to the city shall be provided, oper- ated, 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 wastewa- ter (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 pre- treatment 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 require- ments. 4. New sources, and new users deter- mined to be SIUs must have pretreatment facilities installed and operating prior to dis- charge, if required. 5. Users who operate restaurants, cafes, lunch counters, delis, cafeterias, bars, or clubs, or hotel, hospital, sanitarium, factory or school kitchens, butcher shops, grocery stores or other establishments where food (polar) grease may be introduced to the sewer system shall Edmonds City Code have pretreatment facilities to prevent the dis- charge of fat waste, oil, and grease. Such pre- treatment facilities shall be either a grease interceptor or grease trap as determined by the city, and installed in the wastewater line lead- ing 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 (nonpolar) 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 accor- dance with city and state standards. 7. Oil or grease of petroleum or mineral origin (nonpolar) shall not be discharged to the city's sewer system at a concentration in excess of 100 mg/L. 8. Oil or grease of animal or vegetable origin (polar) shall not be discharged to the city's sewer system at a concentration in excess of 300 mg/L. 9. A plumbing permit is required for the installation of a grease trap; fee schedule is on file with the city clerk's office. 10. A side sewer permit is required for the installation of a grease interceptor; fee schedule is on file with the city clerk's office. B. Pretreatment Requirements for FOG. 1. The wholesale shredding of food wastes into any fixture that discharges to a grease interceptor is prohibited. Dry scrapping dishes and cooking ware and the installation of flat screens and/or baskets in the prerinse, preparation and pot sinks is encouraged to reduce the solid waste load and the discharge of fats and oils. 2. Users that recycle fats, oils and grease must do so in a way that complies with all applicable state, city, and health department regulations. 7.91.080 3. Other factors may influence the type of pretreatment required. Those factors include but are not limited to: a. If a user is located in a grease prob- lem area; b. If there have been past problems (blockages, NOVs, etc.) with a user; c. The type of food the users prepare; d. Volume of water discharged by a user; e. Number of meals a user serves per day; f. Number of fixtures connected to the sewer system; g. Adequacy of existing pretreatment equipment. 4. The use of any additive, such as enzymes, chemicals, or bacteria, as a substitute for grease traps or interceptors or the mainte- nance of grease traps or interceptors is prohib- ited. In no case shall any additive that emulsi- fies fats, oils or grease be used. Any use of additives as a supplement to grease intercep- tors shall first be authorized in writing by the director prior to their use by the food service facility owner or the grease hauler. MSDS sheets and any other applicable information concerning the composition, frequency of use and mode of action of the proposed additive shall be sent to the city together with a written statement outlining the proposed use of the additive(s). Based upon the information received and any other information 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 addi- tive 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 addi- tive. 5. Alternative grease/oil removal sys- tems may be approved in writing by the direc- tor on a case-by-case basis to augment or replace grease interceptors to achieve accept- able discharge. Testing of alternative devices 7-35 (Revised 8/02) 7.91.080 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 examina- tion, measurement, sampling and testing in accordance with the provisions of Chapters 7.90 through 7.102 ECC. 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 Chapters 7.90 through 7.102 ECC shall constitute a violation of Chapters 7.90 through 7.102 ECC. The direc- tor may seek a warrant or use such other legal procedures as may be advisable and reason- ably necessary to discharge his duties under Chapters 7.90 through 7.102 ECC. 7. Inspections. City employees may inspect food service facilities on both an unscheduled and unannounced basis or on a scheduled basis to ascertain whether the intent of Chapters 7.90 through 7.102 ECC is being met and all requirements are being complied with. The official shall also determine if the facility has implemented best management practices as fully as possible. Inspections shall include all equipment, food processing and storage areas and shall pay special attention to the processes that produce wastewater which is discharged from the facility through the grease interceptor/trap. The official shall also inspect the interceptor/trap maintenance record, other pertinent data, the grease inter- ceptor/trap and may check the level of the interceptor/trap contents and/or take samples as necessary. Noted deficiencies shall include but not be limited to: a. Failure to properly maintain the grease interceptor or trap in accordance with the provisions of Chapters 7.90 through 7.102 ECC; (Revised 8/02) 7-36 b. Failure to record pumping activi- ties or keep copies of manifest forms or receipts; c. Failure to maintain logs, files, records or access for inspection or monitoring activities. 8. Reinspections. The city official shall reinspect food service facilities that received deficiency notices at the original inspection. The city official shall inspect the repairs or other deficiencies and shall provide written notice of compliance or noncompliance as the case may be. In the event of continuing non- compliance, successive reinspections will be scheduled and appropriate fees shall be charged to the food service facility concerned. A first reinspection shall be performed after a minimum of 30 working days has elapsed to allow for corrective action by the food service facility to be completed. 9. Monitoring. The city shall have the right to sample and analyze the wastewater from any food service facility at any time to determine compliance with the requirements of the city code. If violations of the oil and grease limit or proper maintenance of intercep- tors/traps are detected, escalating enforcement action will be initiated and demand monitoring costs will be billed to the food service facility. C. Grease Traps. All grease trap installa- tions must meet the following criteria: 1. Trap Design and Location. Grease traps shall conform to the standards in the cur- rent edition of the UPC. Grease traps shall be installed in strict accordance with the manu- facturer's instructions. Grease traps shall be equipped with a cover and a mechanism for a secure closing. Flow control devices shall be required where the water flow through the interceptor may exceed its rated flow. Dish- washers and garbage disposals shall not be connected to grease traps. No more than four fixtures shall connect to an individual grease trap. Grease traps shall be located in the food service facility's lateral sewer line between all fixtures which may introduce grease into the Edmonds City Code sewer system and the connection to the city's wastewater collection system. Wastewater from sanitary facilities and other similar fix- tures shall not be introduced into the grease trap under any circumstances. 2. Trap Capacity. The capacity of the grease trap shall be related to the flow rate and meet the requirements of the UPC. The mini- mum capacity of any one unit shall be rated for 35 gallons per minute flow rate, with a reten- tion capacity of 70 pounds. - 3. Flow -Through Rate. Flow-through rates shall be calculated in accordance with the procedures in the UPC. 4. Flow Control Device. Grease traps shall be equipped with a device to control the rate of flow through the unit. The rate of flow shall not exceed the manufacturer's rated capacity recommended in gallons per minute for the unit. 5. Inspection, Cleaning and Mainte- nance. Each food service facility shall be solely responsible for the cost of trap installa- tion, inspection, cleaning and maintenance. Each food service facility may contract with a grease hauler, or it may develop a written pro- tocol 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 percent of the total vol- ume of the unit. Each food service facility shall determine the frequency at which their grease trap shall be cleaned, but all grease traps shall be opened, inspected, cleaned and maintained at a minimum of once per week. 6. Inspection. Grease traps may be inspected by the city as necessary to assure compliance with Chapters 7.90 through 7.102 ECC and to assure proper cleaning and main- tenance schedules are being adhered to. 7. Repairs. The food service facility shall be responsible for the cost and scheduling of all repairs to its grease trap(s). Repairs required by the city shall be completed within 14 working days after the date of written notice 7.91.080 of required repairs is received by the facility. Users may utilize a different schedule for repair upon prior written approval from the city. 8. Disposal. Grease and solid materials removed from a grease trap shall be disposed of in the solid waste disposal system. 9. Record Keeping. The food service facility shall maintain records of the date and time of all cleaning and maintenance of each grease trap, and shall make this record avail- able for inspection by the city on demand. D. Grease Interceptors. All grease intercep- tor installations must meet the following crite- ria: 1. Interceptor Design and Location. Grease interceptors shall conform to the stan- dards in the current edition of the UPC. Grease interceptors shall have a minimum of two compartments and shall be capable of separa- tion and retention of grease and storage of set- tled solids. Extended inlet and outlet sanitary tees must be provided, with the outlet tee extending down to within one-third from the bottom of the tank. A control manhole over each compartment for monitoring purposes shall be required and installed at the owner/operator's sole expense. Covers shall have a gas-tight fit. The grease interceptor shall be designed, constructed and installed for adequate load-bearing capacity. Grease inter- ceptors shall be located in the food service facility's lateral sewer line between all fixtures which may introduce grease into the sewer system and the connection to the city's waste- water collection system. Such fixtures shall include but not be limited to sinks, dishwash- ers, automatic hood wash units, floor drains in food preparation and storage areas, and any other fixture which is determined to be a potential source of grease. Wastewater from sanitary facilities and other similar fixtures shall not be introduced into the grease inter- ceptor or trap under any circumstances. Inter- ceptors shall be installed in a location outside of the building which provides easy access at 7-37 (Revised 8/02) 7.91.080 all times for inspections, cleaning and proper maintenance, including pumping. 2. Interceptor Capacity. Grease inter- ceptor capacity calculations shall be per- formed by each food service facility based on size and type of operation according to the for- mulas contained in the UPC. The minimum capacity of any one unit shall be 500 gallons. 3. Inspection, Pumping and Mainte- nance. Each food service facility shall be responsible for the costs of installing, inspect- ing, cleaning and maintaining its grease inter- ceptor. All food service facilities that have grease interceptors shall utilize a grease hauler. Pumping services shall include the complete removal of all contents, including floating materials, wastewater and bottom sludges and solids. Decanting or discharging of removed wastes back into the grease inter- ceptor from which the wastes were removed, or into any other grease interceptor, for the purpose of reducing the volume to be disposed of is strictly prohibited. Grease interceptor cleaning shall include scraping excessive sol- ids from the walls, floors, baffles and all pipe- work. Each food service facility shall inspect its grease interceptor during the pumping pro- cedure to ensure that all fittings and fixtures inside the interceptor are in good condition and functioning properly. After the interceptor is emptied and cleaned, the unit shall be filled with clean, cool tap water before any process wastewater containing grease enters the unit. 4. Interceptor Pumping Frequency. Each food service facility shall clean its grease interceptor at a minimum frequency of once every 90 days. There shall be a minimum period of two months between each required cleaning. Each food service facility shall deter- mine the frequency at which its grease inter- ceptor shall be pumped according to the following criteria: a. When the floatable grease layer exceeds 12 inches in depth as measured in the inlet compartment by an approved dipping method; or (Revised 8/02) 7-38 b. When the settleable solids layer exceeds eight inches in depth as measured in the inlet compartment by an approved dipping method; or c. When the total volume of captured grease and solid material displaces more than 25 percent of the capacity of the interceptor as calculated using an approved dipping method in the inlet compartment; or d. When the interceptor is not retain- ing/capturing oils and greases; or the removal efficiency of the device, as determined through sampling and analysis, is less than 80 percent. 5. Cleaning Variance. If a food service facility believes that quarterly pumping of its grease interceptor is unnecessary in order to remain in compliance with the criteria of sub- section (D)(4) of this section, the facility may make written application for a variance from the monthly pumping requirements to the director. City employees will review cleaning maintenance records and perform physical inspections of the interceptor as needed to ver- ify compliance with subsection (D)(4) of this section. The city will base the new cleaning frequency schedule upon observed accumula- tion for the user requesting the variance. All interceptors shall be cleaned at a minimum of once every 180 calendar days. 6. Inspection. Grease interceptors may be inspected by the city as necessary to assure compliance with Chapters 7.90 through 7.102 ECC and to assure proper cleaning and main- tenance schedules are being adhered to. 7. Repairs. The food service facility shall be responsible for the cost and scheduling of all repairs to its grease interceptor(s). Repairs required by the city shall be completed within 14 working days after the date of writ- ten 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 Edmonds City Code returned to any grease interceptor, private sewer line or to any portion of the city's waste- water collection system. 9. Record Keeping. Each food service facility shall maintain records of the date and time of all cleaning and maintenance of each grease trap, and shall make this record avail- able for inspection by the city on demand. E. Other Interceptors. 1. Dischargers who operate automatic and coin-operated laundries, car washes, fill- ing stations, commercial garages or similar businesses having any type of washing facili- ties (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 com- plete 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, set- tling tanks and grit traps shall be properly installed, maintained and operated by the dis- charger at his own expense. The installation shall be kept in continuous operation at all times, and shall be maintained in a manner that shall prevent fat waste, oil or grease, and inert solids from being carried into the sewer system at all times. A service contractor qualified to perform such cleaning must perform cleaning. All material removed shall be disposed of in accordance with all state and federal regula- tions. Records and certification of mainte- nance shall be made readily available to the director for review and inspection, and must be maintained for a minimum of three years. 3. If a failure to maintain settling tanks, grit traps, grease interceptors, or oil/water sep- arators results in partial or complete blockage of the building sewer, private sewer system 7.91.090 discharging to the city sewer system, or other parts of the city sewer system, or adversely affects the treatment or transmission capabili- ties of the POTW, or requires excessive main- tenance by the city, or poses a possible health hazard, the discharger responsible for the facil- ities shall be subject to the remedies herein, including cost recovery, enforcement and pen- alties. [Ord. 3401 § 2, 2002]. 7.91.090 Deadline for compliance with applicable pretreatment requirements. A. Pretreatment Facilities for FOG. All res- taurants, cafes, lunch counters, delis, cafete- rias, bars, or clubs, or hotel, hospital, sanitar- ium, factory or school kitchens, butcher shops, or other establishments where food (polar) grease may be introduced to the sewer system which do not have grease interceptors, or do not have adequately sized interceptors at the time of adoption of the ordinance codified in this chapter shall meet the requirement for interception of grease, oils and fats by install- ing an approved grease interceptor. Approved grease interceptors shall be installed within 12 months of the adoption of the ordinance codified in this chapter for exist- ing facilities identified by the director as hav- ing a history of causing problems in the city's collection system. Facilities that must install approved grease interceptors within 12 months of ordinance adoption will be notified in writ- ing by the director. Existing facilities which are not so notified by the director shall have 18 months from the time of adoption of the ordinance codified in this chapter to install approved grease inter- ceptors in accordance with this chapter. B. Significant Industrial Users. Compli- ance by existing sources (categorical users) covered by categorical pretreatment standards shall be within three years of the date the stan- dard is effective unless a shorter compliance time is specified in the appropriate standard. The department shall establish a final compli- 7-39 (Revised 8/02) 7.91.100 ance deadline date for any categorical user when the local limits for said user are more restrictive than EPA's categorical pretreat- ment 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. [Ord. 3401 § 2, 2002]. 7.91.100 Additional pretreatment measures. A. Whenever deemed necessary, the direc- tor may require users to restrict their discharge during peak flow periods, designate that cer- tain wastewater be discharged only into spe- cific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastewater streams, and such other conditions as may be necessary to protect the POTW and determine the user's compli- ance with the requirements of Chapters 7.90 through 7.102 ECC. B. When determined necessary by the director, each user discharging into the POTW shall install and maintain, on his property and at his expense, a suitable storage and flow -con- trol facility to insure equalization of flow. The director may require the facility to be equipped with alarms and a rate of discharge controller, the regulation of which shall be determined by the director. A wastewater discharge permit or discharge authorization may be issued solely for flow equalization. C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the direc- tor, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residen- (Revised 8/02) 7-40 tial users. All interception units shall be of type and capacity approved by the director and shall be so located to be easily accessible for clean- ing and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at his expense. D. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. [Ord. 3401 § 2, 2002]. 7.91.110 Accidental discharge/slug control plans. A. The director may require any user to install, properly operate and maintain, at its own expense, facilities to prevent slug loads or accidental discharges of pollutants to the POTW. The director may require users to pro- duce and/or implement spill plans developed in compliance with applicable OSHA, health, fire, and department regulations applicable to discharges to POTWs. Where deemed neces- sary by the director, facilities to prevent acci- dental discharge or slug discharges of pollutants shall be provided and maintained at the user's cost and expense. When such plans are required by the director, they shall contain at least the following elements: 1. Description of discharge practices, including nonroutine batch discharges; 2. Description of stored chemicals; 3. Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the stan- dards in ECC 7.91.010 through 7.91.040; and 4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run- off, worker training, building of containment structures or equipment, measures for contain- ing toxic organic pollutants (including sol - Edmonds City Code vents), and/or measures and equipment for emergency response. B. Users shall notify the Edmonds waste- water treatment plant orally or in writing immediately upon the occurrence of a slug load or "accidental discharge" of substances regulated by Chapters 7.90 through 7.102 ECC. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any affected user shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the city on account thereof under state or fed- eral law. C. Within seven days following an acciden- tal discharge, the user shall submit to the direc- tor a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by Chapters 7.90 through 7.102 ECC or other applicable law. D. Signs shall be permanently posted in conspicuous places on the user's premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures. [Ord. 3401 § 2, 2002]. 7.91.120 Septic tank wastes. No septic tank wastes shall be discharged to the POTW. [Ord. 3401 § 2, 2002]. 7.92.020 Chapter 7.92 WASTEWATER PRETREATMENT — WASTEWATER DISCHARGE PERMIT REQUIREMENTS Sections: 7.92.010 Requirements to complete industrial user surveys. 7.92.020 Wastewater discharge permitting — Requirements for discharge. 7.92.030 Permit requirements for dangerous waste constituents. 7.92.010 Requirements to complete industrial user surveys. The director shall periodically notify new, existing, and potential users of the requirement to complete an industrial user survey form. Upon notification, users shall fully and accu- rately 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 com- plete a survey form or to maintain the latest survey form on the premises where a wastewa- ter discharge is occurring shall be a violation of Chapters 7.90 through 7.102 ECC. [Ord. 3401 § 3, 2002]. 7.92.020 Wastewater discharge permitting — Requirements for discharge. A. No significant industrial user shall dis- charge wastewater into the POTW without first obtaining a written statement from the director that the POTW has the hydraulic, and/or loading capacity to accept the dis- charge. Each SIU must also comply with the state requirements listed in ECC 7.91.030, and in particular, apply for and receive a wastewa- ter discharge permit from the department which authorizes the discharge. The director may require proof of application as a condition of new or continued discharge. Obtaining a wastewater discharge permit does not relieve 7-41 (Revised 8/02) 7.92.030 an SIU of its obligation to comply with all fed- eral and state pretreatment standards or requirements or with any other requirements of federal, state, and local regulation including the requirement for applying AKART. B. The director may require other users, including liquid waste haulers, to obtain wastewater discharge permits (as necessary) to carry out the purposes of Chapters 7.90 through 7.102 ECC. C. The director may also establish, and require users by letter, permit, or rule, to implement those best management practices determined by the director to be representative of AKART, or to discontinue use of any sub- stance for which an effective substitute is available which either: 1. Will lessen the potential for violating Chapters 7.90 through 7.102 ECC or any water quality standard; or 2. May represent a significant decrease either singly, or in combination with other sim- ilar users, in the toxicity of pollutant loadings to the POTW. [Ord. 3401 § 3, 2002]. 7.92.030 Permit requirements for dangerous waste constituents. Users discharging a wastestream containing dangerous wastes as defined in Chapter 173- 303 WAC (listed, characteristic, or criteria wastes) are required to comply with the fol- lowing permit provisions: A. Obtain a written authorization to dis- charge the waste from the director, and either obtain specific authorization to discharge the waste in a state waste discharge permit issued by the department, or accurately describe the wastestream in a temporary permit obtained pursuant to RCW 90.48.165. The description shall include at least: 1. The name of the dangerous waste as set forth in Chapter 173-303 WAC, and the dangerous waste number; 2. The mass of each constituent expected to be discharged; (Revised 8/02) 7-42 3. The type of discharge (continuous, batch, or other). B. Compliance shall be obtained on the fol- lowing schedule: 1. Before discharge for new users; 2. Within 30 days after becoming aware of a discharge of dangerous wastes to the POTW for existing users; and 3. Within 90 days after final rules iden- tifying additional dangerous wastes or new characteristics or criteria of dangerous waste are published for users discharging a newly listed dangerous waste. [Ord. 3401 § 3, 2002]. Edmonds City Code Chapter 7.93 WASTEWATER PRETREATMENT — REPORTING REQUIREMENTS Sections: 7.93.010 Disclosure of records. 7.93.020 Reports from unpermitted users. 7.93.030 Reporting requirements for dangerous waste constituents. 7.93.040 Record keeping. 7.93.010 Disclosure of records. Each user shall have available at the loca- tion of discharge all records and reports required by Chapters 7.90 through 7.102 ECC, any applicable state and federal regulation, or any permit or order issued thereunder. Each user shall make such records available for review by the director during business hours, when activities are being conducted at the facility, and at all reasonable times. Failure to comply with this provision is a violation of Chapters 7.90 through 7.102 ECC. [Ord. 3401 § 4, 2002]. 7.93.020 Reports from unpermitted users. All users not required to obtain a wastewater discharge permit from the department shall provide appropriate reports to the city as the director may require. The director shall deter- mine the schedule and format of such reports, and the pollutant properties, flow rates, and other pertinent information to be reported. [Ord. 3401 § 4, 2002]. 7.93.030 Reporting requirements for dangerous waste constituents. Any user discharging 100 kilograms or more of dangerous waste in any calendar month to the POTW where the pollutants are not reported through self-monitoring under an applicable state waste discharge permit, shall report to the director and the department, the following information to the extent that it is known or readily available to the user: 7.93.040 A. The name of the dangerous waste as set forth in Chapter 173-303 WAC, and the dan- gerous waste number; B. The specific hazardous constituents; C. The estimated mass and concentration of such constituents in wastestreams discharged during the calendar month; D. The type of discharge (continuous, batch, or other); and E. The estimated mass of dangerous waste constituents in wastestreams expected to be discharged in the next 12 months. [Ord. 3401 § 4, 2002]. 7.93.040 Record keeping. A. Users subject to Chapters 7.90 through 7.102 ECC shall retain, and make available for inspection and copying, all records of informa- tion maintained to comply with Chapters 7.90 through 7.102 ECC, a state waste discharge permit, or approved operations and mainte- nance procedures (inspections, lubrication, repair, etc.). Users subject to monitoring activ- ities shall keep records of all monitoring activ- ities whether required or voluntary. B. Monitoring records shall include the date, exact place, method, and time of sam- pling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. C. These records shall remain available for a period of at least three years. This period shall be automatically extended for the dura- tion of any litigation concerning the user or POTW, or where the user has been specifically notified of a longer retention period by the director. [Ord. 3401 § 4, 2002]. 7-43 (Revised 8/02) 7.94.010 Chapter 7.94 WASTEWATER PRETREATMENT — SAMPLING AND ANALYTICAL REQUIREMENTS Sections; 7.94.010 Sampling requirements for users. 7.94.020 Analytical requirements. 7.94.030 City monitoring of user's wastewater. 7.94.010 Sampling requirements for users. A. Users which discharge to the Edmonds POTW shall abide by all applicable wastewa- ter monitoring requirements of Chapters 7.90 through 7.102 ECC, any applicable order, and any state or federal regulation or permit, including a state waste discharge or NPDES permit. The director may require self-monitor- ing as a requirement of discharge to the POTW, or may conduct city monitoring of any discharge to the POTW. B. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated or manufacturing process if no pretreatment exists or as determined by the city and/or contained in the user's wastewater discharge permit. For categorical users, if other wastewaters are mixed with the regu- lated wastewater prior to pretreatment, the user shall measure the flows and concentrations necessary to allow use of the combined waste - stream formula of 40 CFR 403.6(e) in order to evaluate compliance with the applicable national categorical pretreatment standards. For other SIUs which are required to sample, the user shall measure the flows and concen- trations necessary to evaluate compliance with the pretreatment standards and requirements. C. Noncategorical Users. All other users, where required to sample, shall measure the flows and pollutant concentrations necessary to evaluate compliance with pretreatment stan- dards and requirements. (Revised 8/02) 7-44 D. Users that analyze wastewater samples shall record and report, with the sampling results, the information required in ECC 7.93.040(B). All required reports shall also certify that such sampling and analysis is rep- resentative 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 dis- charge 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 Chapters 7.90 through 7.102 ECC, or a wastewater discharge permit. [Ord. 3401 § 5, 2002]. 7.94.020 Analytical requirements. A. All pollutant analyses, including sam- pling techniques, shall be performed in accor- dance 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 per- formed 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 per- formed by a laboratory registered or accredited under the provisions of Chapter 173-50 WAC. Laboratories must be accredited for the analy- ses which they are performing. [Ord. 3401 § 5, 2002]. 7.94.030 City monitoring of user's wastewater. The city will follow the same procedures required of users described in ECC 7.94.010 and 7.94.020 whenever conducting wastewa- ter sampling of any industrial user when such sampling is conducted to ensure compliance Edmonds City Code with Chapters 7.90 through 7.102 ECC and applicable pretreatment standards and require- ments. [Ord. 3401 § 5, 2002]. 7.95.010 Chapter 7.95 WASTEWATER PRETREATMENT — COMPLIANCE MONITORING Sections; 7.95.010 Inspection and sampling. 7.95.020 Monitoring facilities. 7.95.030 Search warrants. 7.95.040 Vandalism. 7.95.010 Inspection and sampling. Continued connection and use of the Edmonds municipal sewer system shall be contingent on the right of the city to inspect and sample all discharges into the system. The city shall have the right to enter the facilities of any user for the purpose of the enforcement of Chapters 7.90 through 7.102 ECC, and to determine that any wastewater discharge per- mit or order issued thereunder is being met and whether the user is complying with all require- ments thereof. Users shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the perfor- mance of any additional duties. A. Where a user has security measures in force, which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director will be per- mitted to enter without delay for the purposes of performing specific responsibilities. B. The director shall have the right to set up on the user's property, or require installation of such devices as are necessary to conduct sam- pling and/or metering of the user's operations. It shall be the policy of the director to inform the department of such activities where users hold a state waste discharge permit in order to make the results of such sampling available to the department. C. Any temporary or permanent obstruc- tion to safe and easy access to the facility to be inspected and/or sampled shall be promptly 7-45 (Revised 8/02) 7.95.020 removed by the user at the written or verbal request of the director and shall not be replaced. The costs of clearing such access shall be borne by the user. D. Unreasonable delays or failure to allow the director access to the user's premises to perform functions authorized under Chapters 7.90 through 7.102 ECC shall be a violation of Chapters 7.90 through 7.102 ECC. [Ord. 3401 § 6, 2002]. 7.95.020 Monitoring facilities. A. Any user notified by the department or the city that monitoring facilities are required, shall provide and operate at its own expense a monitoring facility to allow inspection, sam- pling, and flow measurements of each sewer discharge to the city. Each monitoring facility shall be situated on the user's premises, except where such a location would be impractical or cause undue hardship on the user, the city may concur with the facility being constructed in the public street or sidewalk area, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. The director, whenever applicable, may require the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line or wastewater treatment system). B. There shall be ample room in or near such sampling facility to allow accurate sam- pling, flow measurement and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating con- dition at the expense of the user. All monitor- ing facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifica- tions. C. The director may require the user to install monitoring equipment as necessary. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accu- racy. [Ord. 3401 § 6, 2002]. (Revised 8/02) 7-46 7.95.030 Search warrants. A. If the director has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of Chapters 7.90 through 7.102 ECC, or that there is a need to inspect as part of a routine inspection program of the city designed to ver- ify compliance with Chapters 7.90 through 7.102 ECC or any wastewater discharge per- mit or order issued thereunder, or to protect the overall public health, safety and welfare of the community, then the director may seek issu- ance of a search and/or seizure warrant from the Edmonds municipal court or the Snohom- ish County superior court. Such warrant shall be served at reasonable hours by the director and may be accomplished in the company of a uniformed police officer of the city. B. In the event the director has reason to believe a situation represents an imminent threat to public health and safety, and where entry has been denied or the area is inaccessi- ble, the director may enter in the company of a uniformed police officer, before a requested warrant has been produced, in order to deter- mine if the suspected situation exists, and if so, to take such actions necessary to protect the public. [Ord. 3401 § 6, 2002]. 7.95.040 Vandalism. No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in Chapters 7.90 through 7.102 ECC. [Ord. 3401 § 6, 2002]. Edmonds City Code Chapter 7.96 WASTEWATER PRETREATMENT — CONFIDENTIAL INFORMATION Sections: 7.96.010 Confidential information. 7.96.010 Confidential information. A. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge per- mits, and monitoring programs, and from city inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests confiden- tiality and demonstrates to the city's satisfac- tion that the release would divulge informa- tion, processes or methods of production enti- tled to confidentiality under applicable state law. B. When requested and demonstrated by the user furnishing a report that such informa- tion should be held confidential, the city shall make reasonable efforts to protect the portions of a report which might disclose trade secrets or secret processes from inspection by the pub- lic, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pre- treatment program, and in enforcement pro- ceedings involving the person furnishing the report. C. Wastewater constituents and character- istics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confi- dential information and will be available to the public without restriction. [Ord. 3401 § 7, 2002]. 7.97.020 Chapter 7.97 WASTEWATER PRETREATMENT — ADMINISTRATIVE ENFORCEMENT REMEDIES Sections: 7.97.010 State responsibility for administrative actions. 7.97.020 Notification of violation (NOV). 7.97.030 Consent orders. 7.97.040 Compliance orders. 7.97.050 Show cause hearing. 7.97.060 Cease and desist orders. 7.97.070 Emergency suspensions. 7.97.080 Termination of discharge (nonemergency). 7.97.090 Appeal procedures. 7.97.010 State responsibility for administrative actions. The department is charged with permitting and regulating SIUs discharging to the city's POTW. Except for emergency actions, it shall be the policy of the director to coordinate actions in regard to control of such users with the department until such time as a local pre- treatment program for the city may be autho- rized by the state. Failure to conduct such coordination, however, shall not invalidate any action of the city authorized by Chapters 7.90 through 7.102 ECC. [Ord. 3401 § 8, 2002]. 7.97.020 Notification of violation (NOV). A. When the director finds that a user has violated (or continues to violate) any provision of Chapters 7.90 through 7.102 ECC, or an order issued thereunder, or any other pretreat- ment standard or requirement, the director may serve upon that user a written notice of viola- tion (NOV). The director may select any means of service that is reasonable under the circumstances. B. Within 10 days of the receipt of the NOV, an explanation of the violation and a plan for the satisfactory correction and preven- tion thereof, to include specific required 7-47 (Revised 8/02) 7.97.030 actions, shall be submitted by the user to the director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the NOV. Nothing in this chapter shall limit the authority of the city to take any action, including emer- gency actions or any other enforcement action, without first issuing an NOV. [Ord. 3401 § 8, 2002]. 7.97.030 Consent orders. The director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompli- ance within a time period specified by the doc- ument. Such documents shall have the same force and effect as the administrative orders issued pursuant to ECC 7.97.040 and 7.97.060 and shall be judicially enforceable. Use of a consent order shall not be a bar against, or pre- requisite for, taking any other action against the user. [Ord. 3401 § 8, 2002]. 7.97.040 Compliance orders. A. Whenever the director finds that a user has violated, or continues to violate, any provi- sion of Chapters 7.90 through 7.102 ECC, or order issued thereunder, the director may issue a compliance order to the user responsible for the violation. The order shall direct that ade- quate pretreatment facilities, devices, or other related appurtenances be installed and prop- erly operated and maintained. The order shall specify that wastewater services, including collection and treatment, shall be discontinued and/or applicable penalties imposed unless, following a specified time period, the directed actions are taken. B. Compliance orders may also contain such other requirements as might be reason- ably necessary and appropriate to address the violation or noncompliance, including, but not limited to, the installation of pretreatment (Revised 8/02) 7-48 technology, additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the POTW. A compliance order may not extend the deadline for compliance beyond any appli- cable state or federal deadlines, nor does an order release the user from liability from any past, present, or continuing violation(s). Issu- ance of a compliance order shall not be a pre- requisite to taking any other action against the user. [Ord. 3401 § 8, 2002]. 7.97.050 Show cause hearing. The director may order a user which has vio- lated or continues to violate any provision of Chapters 7.90 through 7.102 ECC, or order issued thereunder, or any other pretreatment standard or requirement, to appear before the director and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the pro- posed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. [Ord. 3401 § 8, 2002]. 7.97.060 Cease and desist orders. A. When the director finds that a user has violated (or continues to violate) any provision of Chapters 7.90 through 7.102 ECC, or order issued thereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the director may issue an order to the user directing it to cease and desist all such violations and directing the userto: 1. Immediately cease such actions or discharges as described; Edmonds City Code 2. Comply with all applicable pretreat- ment standards and requirements; 3. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminat- ing the discharge. B. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, tak- ing any other action against the user. [Ord. 3401 § 8, 2002]. 7.97.070 Emergency suspensions. A. The director may immediately suspend a user's discharge after oral or written notice to the user whenever such suspension is neces- sary to stop an actual or threatened discharge that reasonably appears to present or cause an imminent or substantial endangerment to the public health or welfare. B. The director may also immediately sus- pend a user's discharge after notice and oppor- tunity to respond that threatens to interfere with the operation of the POTW, or which pre- sents or may present an endangerment to the environment. C. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director shall take such steps as deemed necessary, including immedi- ate severance of the sewer connection, to pre- vent or minimize damage to the POTW, its receiving stream, or endangerment to any indi- viduals. The director may allow the user to recom- mence its discharge when the user has demon- strated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings in ECC 7.97.080 are initiated against the user. D. It shall be unlawful for any person to prevent or attempt to prevent the director and/or city from terminating wastewater col- lection and treatment services in an emergency 7.97.080 situation, by barring entry, by physically inter- fering with city employees or contractors, or by any other means. E. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director prior to the date of any show cause or termination hear- ing under ECC 7.97.050 and 7.97.080. Nothing in this chapter shall be interpreted as requiring a hearing prior to any emergency suspension under this chapter. [Ord. 3401 § 8, 2002]. 7.97.080 Termination of discharge (nonemergency). A. The director shall have authority to ter- minate wastewater services, including collec- tion and treatment, through the issuance of a termination order to any user upon determin- ing that such user has: 1. Refused access allowed by Chapters 7.90 through 7.102 ECC thereby preventing the implementation of any purpose of Chapters 7.90 through 7.102 ECC; 2. Violated any provision of Chapters 7.90 through 7.102 ECC including the dis- charge prohibitions and standards of Chapter 7.91 ECC; or 3. Violated any lawful order of the city issued with respect to Chapters 7.90 through 7.102 ECC. B. For users holding permits to discharge to the city POTW, violation of the following con- ditions is also grounds for terminating dis- charge services: 1. Violation of wastewater discharge permit conditions; 2. Failure to accurately report the waste- water constituents and characteristics of its discharge; 3. Failure to report significant changes in operations or wastewater volume, constitu- ents and characteristics prior to discharge. 7-49 (Revised 8/02) 7.97.090 C. Such user will be notified of the pro- posed termination of its discharge and be offered an opportunity to show cause why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the user. [Ord. 3401 § 8, 2002]. 7.97.090 Appeal procedures. A. Appeals. 1. Any user seeking to dispute a notice of violation, order, fine, or other action of the director may file an appeal. 2. The appeal must be filed in writing and received by the director, in writing, within 10 days of the receipt of the disputed action. If the director does not receive the notice of appeal within the 10 -day period, the right to an appeal is waived. The notice of appeal shall state with particularity the basis upon which the appellant is disputing the action taken. 3. Upon receipt of a timely appeal, the director shall set a date and time for an appeal hearing before the city of Edmonds hearing examiner, but in no case shall the hearing be set more than 30 days from the receipt of the timely notice of appeal. The appellant shall be notified in writing of the date, time, and place for the appeal hearing. B. Appeal Hearing. 1. The hearing examiner may admit and give probative effect to evidence that pos- sesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. The hearing examiner shall give effect to the rules of privilege recognized by law. The hearing examiner may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. Factual issues shall be resolved by a preponderance of evidence. 2. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference. 3. Every party shall have the right to cross examine witnesses who testify and shall have the right to submit rebuttal evidence; pro- (Revised 8/02) 7-50 vided, that the hearing examiner may control the manner and extent of the cross examina- tions and rebuttal. 4. The hearing examiner may take notice of judicially cognizable facts. C. Appeal Conclusion. At the conclusion of the hearing, the hearing examiner shall deter- mine if the disputed action was proper, and shall approve, modify, or rescind the disputed action. The final determination of the hearing examiner shall be in writing, and all parties shall be provided a copy of the final determi- nation. D. Judicial Review of Appeal. 1. Any party, including the city, the Washington State Department of Ecology, the United States Environmental Protection Agency, or the user/appellant, is entitled to review of the hearing examiner's final deter- mination in the Snohomish County superior court; provided, that any petition for review shall be filed no later than 30 days after date of the final determination. 2. Copies of the petition for review shall be served as in all civil actions. 3. The filing of the petition shall not stay enforcement of the final determination except by order of the superior court and on posting of a bond to be determined by the court naming the city as beneficiary. [Ord. 3401 § 8, 2002]. Edmonds City Code Chapter 7.98 WASTEWATER PRETREATMENT — JUDICIAL ENFORCEMENT REMEDIES Sections: 7.98.010 Injunctive relief. 7.98.020 Civil penalties. 7.98.030 Criminal prosecution. 7.98.040 Remedies nonexclusive. 7.98.010 Injunctive relief. When the director finds that a user has vio- lated or continues to violate any provision of Chapters 7.90 through 7.102 ECC, a wastewa- ter discharge permit, or order issued thereun- der, or any other pretreatment standard or requirement, the director may petition the Sno- homish County superior court through the city's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order,or other requirement imposed by Chapters 7.90 through 7.102 ECC on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. Injunctive relief shall be nonex- clusive to other remedies available to the city. [Ord. 3401 § 9, 2002]. 7.98.020 Civil penalties. A. A user which has violated or continues to violate any provision of Chapters 7.90 through 7.102 ECC, or order issued thereun- der, or any other pretreatment standard or requirement not reserved by a permit by the department shall be liable to the city for a max- imum civil penalty of $10,000 per violation. Said $10,000 penalty shall represent the stan- dard penalty amount, absent the director's determination of mitigating circumstances as provided in subsection C of this section. Each 7.98.030 day that any such violation exists or continues to exist shall constitute a separate violation. In the case of a monthly or other long-term aver- age discharge limit, penalties shall accrue for each day during the period of the violation. B. The director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, includ- ing sampling and monitoring expenses, as well as the cost of any actual damages incurred by the city. C. In determining the appropriate amount of civil liability, the director in his or her sole discretion may consider relevant circum- stances, including but not limited to the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as jus- tice requires. D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action against a user. [Ord. 3401 § 9, 2002]. 7.98.030 Criminal prosecution. A. A user who violates any provision of Chapters 7.90 through 7.102 ECC, a wastewa- ter discharge permit, or any other pretreatment standard or requirement shall, upon convic- tion, be guilty of a gross misdemeanor, punish- able by a fine of not more than $5,000 and/or one year in jail. Each day a violation occurs shall constitute a separate offense. B. A user who introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a gross misdemeanor and be subject to a penalty of not more than $5,000 and/or one year in jail. Each day a violation occurs shall constitute a separate offense. This penalty shall be in addition to any other cause of action for personal injury or property damage avail- able under state law. 7-51 (Revised 8/02) 7.98.040 C. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be main- tained, pursuant to Chapters 7.90 through 7.102 ECC, or order issued thereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under Chapters 7.90 through 7.102 ECC shall, upon conviction, be guilty of a gross misdemeanor, and punished by a fine of not more than $5,000 and/or one year in jail. Each day a violation occurs shall constitute a separate offense. D. In addition, the user shall be subject to all other applicable laws and regulations, including but not limited to: 1. The provisions of 18 USC Section 1001 relating to fraud and false statements; 2. The provisions of Section 309(c)(4) of the Clean Water Act, as amended, govern- ing false statements, representation, or certifi- cation; and 3. The provisions of Section 309(c)(6) of the Clean Water Act, regarding responsible corporate officers. [Ord. 3401 § 9, 2002]. 7.98.040 Remedies nonexclusive. The provisions in Chapters 7.90 through 7.102 ECC are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions concurrently or sequentially against a noncompliant user or to take other actions as warranted by the circum- stances. [Ord. 3401 § 9, 2002]. (Revised 8/02) 7-52 Chapter 7.99 WASTEWATER PRETREATMENT — SUPPLEMENTAL ENFORCEMENT ACTION Sections: 7.99.010 Performance bonds and liability insurance. 7.99.020 Financial assurances. 7.99.030 Water supply severance. 7.99.040 Public nuisances. 7.99.050 Contractor listing. 7.99.010 Performance bonds and liability insurance. The director may decline to reinstate waste- water collection and treatment service to any user whose wastewater services were sus- pended or terminated under the provisions of Chapters 7.90 through 7.102 ECC, unless such user, at the sole discretion of the director, either: A. First files with the city a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance; or B. First submits proof that the user has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge. [Ord. 3401 § 10, 2002]. 7.99.020 Financial assurances. The director may decline to reinstate waste- water collection and treatment service to any user whose wastewater services were sus- pended or terminated under the provisions of Chapters 7.90 through 7.102 ECC, unless such user first submits proof that it has obtained financial assurances sufficient to meet pre- treatment requirements, and/or restore or repair damage to the POTW caused by its dis- charge. [Ord. 3401 § 10, 2002]. Edmonds City Code 7.99.030 Water supply severance. Whenever a user has violated or continues to violate any provision of Chapters 7.90 through 7.102 ECC, a wastewater discharge permit or order issued thereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its abil- ity to comply. [Ord. 3401 § 10, 2002]. 7.99.040 Public nuisances. A violation of any provision of Chapters 7.90 through 7.102 ECC, wastewater dis- charge permit, or order issued thereunder, or any other pretreatment standard or require- ment, is hereby declared a public nuisance and may be corrected or abated as directed by the director. [Ord. 3401 § 10, 2002]. 7.99.050 Contractor listing. To the extent consistent with applicable state law, users that have not achieved compli- ance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or ser- vices to the city. Existing contracts for the sale of goods or services to the city held by a user found to be in significant noncompliance with pretreatment standards or requirements may, to the extent consistent with applicable state law, be terminated at the discretion of the city. [Ord. 3401 § 10, 2002]. 7.100.010 Chapter 7.100 WASTEWATER PRETREATMENT — AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS Sections: 7.100.010 Upset. 7.100.020 Prohibited discharge standards. 7.100.030 Bypass. 7.100.010 Upset. A. Users shall control production of all dis- charges to the extent necessary to maintain compliance with applicable pretreatment stan- dards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is pro- vided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. B. For the purposes of this chapter, an upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treat- ment facilities, lack of preventive mainte- nance, or careless or improper operation. C. An upset shall constitute an affirmative defense to an action brought for noncompli- ance with applicable pretreatment standards if the requirements of subsection D of this sec- tion are met. D. A user who wishes to establish the affir- mative defense of upset to an enforcement action brought for noncompliance with appli- cable pretreatment standards shall demon- strate, through properly signed, contemporane- ous operating logs, or other relevant evidence that: 1. An upset occurred and the user can identify the cause(s) of the upset; and it was not due to improperly designed or inadequate treatment facilities, lack of preventive mainte- nance, or careless or improper operation; 2. The facility was at the time being operated in a prudent and workman -like man - 7 -53 (Revised 8/02) 7.100.020 ner and in compliance with applicable opera- tion and maintenance procedures; and 3. The user has submitted the following information to the POTW and treatment plant operator within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days): a. A description of the indirect dis- charge and cause of noncompliance; b. The period of noncompliance, including exact dates and times or, if not cor- rected, the anticipated time the noncompliance is expected to continue; and c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. E. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. F. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for non- compliance with applicable pretreatment stan- dards. [Ord. 3401 § 11, 20021. 7.100.020 Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in ECC 7.91.010(A) and (13)(3) through (7) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunc- tion with discharges from other sources, would cause pass through or interference and that either: A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or B. No local limit exists, but the discharge did not change substantially in nature or con- stituents from the user's prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, (Revised 8/02) 7-54 was in compliance with applicable sludge use or disposal requirements. [Ord. 3401 § 11, 2002]. 7.100.030 Bypass. A. For the purposes of this chapter, "severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoper- able, or substantial and permanent loss of nat- ural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean eco- nomic loss caused by delays in production. B. A user may allow any bypass to occur which does not cause applicable pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. Such bypasses are not subject to subsections C and D of this sec- tion. C. 1. If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least 10 days before the date of the bypass, if possible. 2. A user shall submit oral notice to the city of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be pro- vided within five days of the time the user becomes aware of the bypass. The written sub- mission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the antici- pated time it is expected to continue; and steps taken or planned to reduce, eliminate, and pre- vent reoccurrence of the bypass. The POTW may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. D. 1. Bypass is prohibited, and the POTW may take an enforcement action against a user for a bypass, unless: Edmonds City Code a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; b. There were no feasible alternatives to the bypass, such as the use of auxiliary treat- ment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reason- able engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive mainte- nance; and c. The user submitted notices as required under subsection C of this section. 2. The POTW may approve an antici- pated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in subsection (D)(1) of this section. [Ord. 3401 § 11, 2002]. 7-55 Chapter 7.101 (Reserved) 7.100.030 (Revised 8/02) 7.102.010 Chapter 7.102 WASTEWATER PRETREATMENT — MISCELLANEOUS PROVISIONS Sections: 7.102.010 Pretreatment charges and fees. 7.102.020 Severability. 7.102.030 Conflicts. 7.102.040 Nonliability. 7.102.050 Savings. 7.102.010 Pretreatment charges and fees. A. General Charges and Fees. 1. The following fees relate solely to the matters covered by Chapters 7.90 through 7.102 ECC 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 Chapter 35.67 RCW. A fee schedule containing all applicable charges shall be maintained on file at the city clerk's office. 2. Fees may include: a. Fees for monitoring, inspection, surveillance and enforcement procedures including the cost of collection and analyzing a user's discharge; b. Fees for reviewing and responding to accidental discharge procedures and con- struction; 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 con- tained 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 Chapters (Revised 8/02) 7-56 7.90 through 7.102 ECC. 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 waste- water from high strength users are established for each pound of BOD and suspended solids as authorized by ECC 7.91.060. 2. Sampling of Industrial Wastewater. The samples taken shall be 24-hour composite samples, obtained through flow -proportioned composite samples, where feasible. Charges shall apply as specified in subsection (13)(3) of this section, as determined on the basis of at least one 24-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 appro- priate 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 1,000 gallons industrial wastewater flow. The director may establish new rates based upon the cost of conveyance and treatment in the POTW. Edmonds City Code 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 sew- age 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 chap- ter. [Ord. 3401 § 13, 2002]. 7.102.020 Severability. Should any chapter, subchapter, paragraph, sentence, clause or phrase of Chapters 7.90 through 7.102 ECC or its application to any person or situation be declared unconstitu- tional or invalid for any reason, such decision shall not affect the validity of the remaining portions of Chapters 7.90 through 7.102 ECC or its application to any other person or situa- tion. The city council of the city of Edmonds hereby declares that it would have adopted Chapters 7.90 through 7.102 ECC and each chapter, subchapter, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more chapters, subchapters, clauses, phrases or portions be declared invalid or unconstitutional. [Ord. 3401 § 13, 2002]. 7.102.030 Conflicts. In the event of any inconsistency between the provisions of Chapters 7.90 through 7.102 ECC and any other city regulation, the provi- sions of Chapters 7.90 through 7.102 ECC shall govern to the extent of such inconsis- tency. [Ord. 3401 § 13, 2002]. 7.102.050 7.102.040 Nonliability. It is the specific intent of Chapters 7.90 through 7.102 ECC to place the obligation of complying with these regulations upon the applicant or user and no provision nor any term used in Chapters 7.90 through 7.102 ECC is intended to impose any duty whatsoever upon the city or any of its officers, employees or agents, except as provided under the Act or other related statutes of the United States or the State of Washington. Nothing contained in Chapters 7.90 through 7.102 ECC is intended to be nor shall be con- strued to create or form the basis for any tort liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from the failure of an applicant or user to comply with the provisions of Chapters 7.90 through 7.102 ECC, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the imple- mentation or enforcement of Chapters 7.90 through 7.102 ECC, or inaction on the part of the city related in any manner to the implemen- tation or the enforcement of Chapters 7.90 through 7.102 ECC by its officers, employees or agents. [Ord. 3401 § 13, 2002]. 7.102.050 Savings. The enactments of Chapters 7.90 through 7.102 ECC shall not affect any case, proceed- ing, appeal or other matter currently pending in any court or in any way modify any right or lia- bility, civil or criminal, which may be in exist- ence on July 15, 2002. [Ord. 3401 § 13, 2002]. 7-57 (Revised 8/02) Edmonds City Code 0806 02/16/1960 Accepting Rendler deed 0807 03/01/1960 Approving assessment, LID No. 95 0808 03/01/1960 Street paving 0809 03/15/1960 Change offices, city clerk and city attorney 0810 04/05/1960 Street vacation 0811 01/01/1901 Emergency ordinance 0812 04/05/1960 Provide for comp. plan 0813 04/19/1960 Regulating use of bicycles 0814 05/03/1960 Issuance water -sewer revenue bonds 0815 05/03/1960 LID No. 95 0816 05/17/1960 Amend Ord. No. 815 0817 06/07/1960 Street paving 0818 06/07/1960 Annexation 0819 06/07/1960 Repeal Ord. No. 816; amend Ord. No. 815 0820 07/05/1960 Adopting 1958 Uniform Plumbing Code 0821 07/05/1960 Repeal Ord. No. 412 and amend Ord. No. 413 (7.10) 0822 07/05/1960 Obstructing, damaging, etc., operation (Repealed by 3401) 0823 07/05/1960 Installation of gas pipes 0824 07/05/1960 Dog licenses 0825 07/05/1960 Regulating use of sound trucks (4.56) 0826 07/19/1960 Street paving 0827 08/02/1960 LID No. 99 0828 08/16/1960 Amend Ord. No. 775, cost of LID No. 97 0829 08/16/1960 Requiring property owners 0830 08/16/1960 Licensing of solicitors, hawkers, peddlers (4.12) 0831 08/16/1960 Cigarette vending machines, sale to minors 0832 08/16/1960 Amend Ord. No. 569, fireworks 0833 08/16/1960 Taxing punch boards 0834 08/16/1960 Repealing sections of Ord. No. 254 0835 08/16/1960 Creating and establishing fire zone 0836 08/16/1960 Repealing sections Ord. No. 794, traffic 0837 08/16/1960 Repealing Ord. No. 198 0838 08/16/1960 Amend Ord. No. 200, health officer 0839 08/16/1960 Amend Ord. No. 503, council meetings (1.04) 0840 08/19/1960 Creating office 0841 08/30/1960 Street paving 0842 09/06/1960 Sewers 0843 09/20/1960 Construction of civic center 0844 09/20/1960 LID No. 99 0845 10/04/1960 Final budget 1961 0846 10/04/1960 Levying general taxes 1961 0847 10/04/1960 Adopting 1958 Uniform Building Code 0848 10/04/1960 Establishing an electrical code 0849 10/04/1960 Adopting 1956 National Electrical Code 0850 10/04/1960 Amend Ord. No. 285, noxious weeds (6.30) 0851 10/04/1960 LID No. 98 0852 11/01/1960 LID No. 100 0853 11/17/1960 Creating office of city supervisor 0854 05/01/1960 Creating office of superintendent of public works 0855 11/15/1960 Salaries 1961 0856 12/06/1960 Pension relief, disability and retirement (2.70) 0857 12/06/1960 Adopting city code 0858 12/06/1960 LID No. 98 0859 12/06/1960 Acquisition of property, civic center 0860 12/20/1960 LID No. 102 Ordinance Table 0861 12/20/1960 Issuance general obligation bonds, civic center 0862 12/27/1960 Emergency ordinance 0863 12/20/1960 LID No. 100 0865 01/17/1961 Amend portions of code 0866 02/07/1961 General obligation bonds, fire station 0867 02/07/1961 General obligation bonds, civic center 0868 02/07/1961 LID No. 102 0869 02/21/1961 Snohomish County humane society 0871 03/07/1961 Amend portions of comp. plan 0872 03/07/1961 Amend portions of comp. plan 0873 03/07/1961 Amend portions of comp. plan 0874 03/07/1961 Rezoning 0875 03/21/1961 Emergency ordinance 0876 03/21/1961 Amend portions of code, dogs 0877 04/18/1961 LID No. 97 0878 04/18/1961 Street vacation 0879 04/18/1961 Curfew 0880 04/18/1961 Amend city code, firearms 0881 05/02/1961 Amend city code, sewer connections 0882 05/02/1961 Amend portions comp. plan 0883 05/02/1961 Sales of city property (3.01) 0884 05/16/1961 Annexation 0885 06/06/1961 Licensing and regulation, garbage (4.64) 0886 06/06/1961 LID No. 97 0887 06/27/1961 Annexation 0888 06/27/1961 LID No. 106 0889 07/05/1961 LID No. 105 0890 07/18/1961 Amend portions comp. plan 0891 07/18/1961 Amend portions comp. plan 0892 08/15/1961 Annexation 0893 08/15/1961 LID No. 101 0894 08/15/1961 LID No. 103 0895 08/15/1961 LID No. 104 0896 08/22/1961 Amend portions comp. plan 0897 08/22/1961 Amend portions comp. plan 0898 08/22/1961 Amend city code, off-street parking 0899 09/05/1961 Annexation 0900 09/05/1961 Amend portions comp. plan 0901 09/05/1961 Amend city code, water rates (7.30) 0902 10/03/1961 Budget 1962 0903 10/03/1961 Levying taxes 1962 0904 10/03/1961 Amend portions comp. plan 0905 10/03/1961 LID No. 104 0906 10/03/1961 LID No. 101 0907 10/03/1961 LID No. 103 0908 11/07/1961 Amend city code, sewer connections 0909 11/21/1961 Water and sewer bonds 1961 0910 12/19/1961 Emergency ordinance 0911 01/01/1901 Salary 1962 0912 12/05/1961 Sewer service charge 0913 12/05/1961 Regulation of traffic and parking 0915 12/19/1961 Building inspection; buildings to be moved 0916 01/02/1962 LID No. 106 0917 01/16/1962 Business license and occupation tax (3.20) 0918 01/16/1962 Amend portions comp. plan 0919 01/23/1962 LID No. 107 0920 02/20/1962 Amend portions comp. plan 0921 02/20/1962 LID No. 106 0922 03/27/1962 Amend portions comp. plan 0923 03/27/1962 Amend portions comp. plan 0924 03/27/1962 Amend Ord. No. 913, standing vehicle 0925 03/27/1962 Foreclosure of delinquent LID assessment Tables - 7 (Revised 8/02) Ordinance Table 0926 03/27/1962 Creating office of city attorney (2.05) 0986 05/07/1963 LID No. 115 0927 04/03/1962 LID No. 109 0987 05/07/1963 Amend section (g) Ord. No. 790, sidewalk 0928 04/03/1962 LID No. 108 0988 05/21/1963 LID No. 110 0929 06/05/1962 LID No. 110 0989 05/21/1963 LID No. 118 0930 06/05/1962 Amend portions comp. plan 0990 05/21/1963 Amend § 3 Ord. No. 959 0931 06/05/1962 Amend portions Ord. No. 829, sewer fee 0991 06/04/1963 LID No. 108 0932 06/19/1962 LID sewers, Spruce Street 0992 06/04/1963 Purchase of property for public park 0933 06/19/1962 Street vacation 0993 06/04/1963 Authorize mayor to negotiate 0934 06/21/1962 Annexation 0994 06/18/1963 LID No. 116 0935 07/17/1962 LID paving streets 0995 06/18/1963 LID No. 119 0936 07/17/1962 LID paving streets 0996 06/18/1963 LID No. 120 0937 07/17/1962 LID water main 0997 07/02/1963 LID No. 122 0938 08/07/1962 Amend Ord. No. 794, one-way traffic 0998 07/02/1963 Location, construction and use of sewer 0939 08/07/1962 Amend portions comp. plan 0999 07/16/1963 Sewage disposal systems 0940 09/04/1962 Amend Ord. No. 786, sewer service 1000 07/02/1963 Amend portion map A comp. plan 0941 09/18/1962 Acquisition 1001 07/02/1963 LID No. 115 0942 09/25/1962 LID street paving 1002 07/02/1963 LID No. 113 0943 10/02/1962 Budget 1963 1003 07/16/1963 Emergency ordinance, funds, LID No. 107 0944 10/02/1962 Levying taxes 1963 1004 07/16/1963 Annexation 0945 10/02/1962 Salaries 1963 1005 07/16/1963 LID No. 110 0946 10/16/1962 LID No. 109 1006 07/23/1963 Amending official map B for rezone 0947 11/06/1962 Amend portions comp. plan 1007 07/23/1963 Amending official map B for rezone 0948 11/06/1962 Amending portions comp. plan 1008 08/20/1963 LID No. 108 0949 11/20/1962 Creating civil service commission; police 1009 08/20/1963 LID No. 116 department 1010 01/01/1901 Number assigned to ordinance which was 0950 11/20/1962 Creating civil service commission; fire tabled department 1011 08/20/1963 Amending official map B for rezone 0951 11/20/1962 Repeal Res. No. 123 1012 09/03/1963 Annexation 0952 12/04/1962 Amend § 5 Ord. No. 824, licensing dog 1013 09/03/1963 Official street map ordinance 0953 12/18/1962 LID No. 105 1014 10/01/1963 Annexation 0954 12/18/1962 LID No. 111 1015 10/01/1963 Amend portions Ord. No. 789, zoning 0955 12/18/1962 Annexation code 0956 12/18/1962 Annexation 1016 10/01/1963 Amend official map A 0957 12/18/1962 Annexation 1017 10/01/1963 Amend official map B 0958 01/02/1963 LID No. 109 1018 10/07/1963 Budget1964 0959 01/15/1963 LID No. 107 1019 10/07/1963 Levying taxes 1964 0960 01/15/1963 Amend § 3 Ord. No. 847, building fee 1020 12/17/1963 Salaries 1964 0961 01/15/1963 Amend § 2 Ord, No. 820, plumbing fee 1021 10/15/1963 Amend § 6 Ord. No. 1013, street map 0962 01/15/1963 Repeal § 10 Ord. No. 848, electrical 1022 10/15/1963 Amending map B for rezone 0963 02/19/1963 Amend Ord. No. 956, correct legal 1023 10/07/1963 LID No. 124 description 1024 11/05/1963 Issuance and sale bonds 0964 02/19/1963 LID No. 105 1025 11/05/1963 LID No. 114, approving assessment roll 0965 02/19/1963 LID No. 111 1026 11/05/1963 LID No. 117 0966 03/05/1963 Amend portions comp. plan 1027 11/05/1963 LID No. 118 0967 03/05/1963 Amend portions comp. plan 1028 11/05/1963 LID No. 123 0968 03/05/1963 Amend portions comp. plan 1029 12/03/1963 Emergency ordinance additional funds 0969 03/05/1963 Amend portions comp. plan 1030 01/07/1964 Amend official map AC and B rezone 0970 03/05/1963 Amend portions comp. plan 1031 01/07/1964 Amend official map AC and B rezone 0971 03/05/1963 Amend portions comp. plan 1032 01/07/1964 Amend official map AC and B rezone 0972 03/05/1963 Standard specifications for municipal 1033 01/07/1964 LID No. 114 public work 1034 01/07/1964 LID No. 117 0973 03/05/1963 Adopting Uniform Sign Code 1035 01/07/1964 LID No. 118 0974 03/19/1963 LID street paving 1036 01/07/1964 Annexation 0975 03/19/1963 LID No. 107 1037 01/14/1964 LID No. 120 0976 03/19/1963 Amend Ord. No. 790 1038 01/14/1964 Acquisition of additional park property 0977 04/02/1963 Amend portions comp. plan 1039 01/21/1964 Amend official map A and B rezone 0978 04/02/1963 Amend portions comp. plan 1040 01/21/1964 Acquisition of additional park property 0979 04/02/1963 Amend portions comp. plan 1041 02/03/1964 Repeal Ord. No. 864, license fees pinball 0980 04/02/1963 Amend portions comp. plan 1042 03/03/1964 $215,000 water -sewer bonds 0981 04/02/1963 Amend portions comp. plan 1043 03/17/1964 Annexation 0982 04/02/1963 Amend map comp. plan 1044 03/17/1964 LID No. 120 0983 04/02/1963 Amend Ord. No. 847, height of buildings 1045 03/17/1964 Amend official map A and B rezone 0984 04/02/1963 Repeal Ord. No. 25, criminal 1046 03/17/1964 Amend Ord. No. 1013, street map 0985 05/07/1963 LID No. 113 1047 04/07/1964 LID No. 119 (Revised 8/02) Tables - 8 Edmonds City Code Ordinance Table 1973 02/07/1978 Sewage disposal system design 2031 11/07/1978 Uses in CW zone 1974 02/07/1978 Interfund loan equipment rental 2032 11/07/1978 Amend comprehensive plan, waterfront 1975 02/07/1978 Amend 1978 budget 2033 11/07/1978 Minimum attendance for boards and 1976 02/07/1978 Amend street map commissions (1.05) 1977 02/07/1978 1978 salaries, finance and administration 2034 11/07/1978 Number of members, length of term 1978 02/28/1978 Reducing right-of-way 2035 11/07/1978 Membership on arts commission 1979 02/28/1978 Amending council meeting (1.04) 2036 11/07/1978 Establish four-year term for parking 1980 03/07/1978 Allow ADB decisions at special meeting 2037 11/07/1978 Reduce park board to seven members (10.05) 2038 01/01/1901 Vetoed, see Ord. 2044 1981 03/07/1978 Posting of ordinances instead of 2039 11/07/1978 Reduce board of adjustment to seven publishing members 1982 03/21/1978 Cash prepayment LID No. 198 2040 11/07/1978 Change name of ADB to architectural 1983 03/21/1978 Amend zoning ordinance for PRD bonds design board (10.05) 1984 03/21/1978 Amend ADB appeal procedure 2041 11/14/1978 Parking tickets (8.48) 1985 03/21/1978 Amend code, allow joint residential uses 2042 12/05/1978 1979 budget 1986 03/28/1978 Prohibit use of compression brakes 2043 12/05/1978 Create RMD district 1987 03/28/1978 Height and depth of screening device 2044 12/12/1978 Reduce membership in the shoreline 1988 04/18/1978 Amend 1978 budget 2045 12/19/1978 Conditional increase of driveway 1989 04/18/1978 Creating LID No. 204 2046 12/19/1978 Amending 1978 budget 1990 04/25/1978 Council disclosure 2047 12/19/1978 1979 salary ordinance 1991 05/02/1978 Amending underwater park regulation 2048 01/02/1979 Establish monthly payment period (3.20) (5.32) 2049 01/02/1979 Regulating restoration of damaged 1992 05/02/1978 Condemnation for LID No. 203 building 1993 05/02/1978 Rezone 2050 02/06/1979 Multiple residential development 1994 05/16/1978 Sign code 2051 02/06/1979 Approving and confirming LID No. 203 1995 05/16/1978 Residential street status for 240th 2052 02/20/1979 Increase utility tax 1996 05/23/1978 Contract rezone 2053 02/20/1979 LID No. 204, confirming roll 1997 05/23/1978 Parking limits on certain streets (8.48, 8.64) 2055 Parking restrictions (8.64) 1998 06/06/1978 Annexation 2057 03/20/1979 Assess prisoners one-half detention cost 1999 06/06/1978 Zoning, 220th and Highway 99 annexed 2058 03/20/1979 Warrants to finance elementary school 2000 06/20/1978 Amend sign ordinance 2059 03/20/1979 Contract rezone 2001 06/20/1978 Street vacation 2060 03/27/1979 Flag lots 2002 06/20/1978 Street vacation 2061 03/27/1979 Change zoning 2003 06/20/1978 Amend civil service commission 2062 03/27/1979 Four-hour parking on Bell Street (8.64) 2004 06/20/1978 Amend zoning ordinance 2063 04/10/1979 Expiration, cash prepayment period 2005 06/20/1978 Amend zoning ordinance 2064 04/10/1979 Expiration, cash prepayment period 2006 06/20/1978 Rezone 2065 04/17/1979 Regulations for fishing pier (5.32) 2007 06/27/1978 1976 Uniform Plumbing Code 2066 04/17/1979 Prohibit parking (8.64) 2008 06/27/1978 1976 Uniform Building Code 2067 05/08/1979 Amend sign code 2009 07/18/1978 Require temperature and pressure relief 2068 05/15/1979 Adopt 1978 National Electrical Code valve (7.10) 2069 05/15/1979 Establish fees for taxicab operators (4.60) 2010 07/18/1978 Hotel, motel tax for convention center 2070 05/22/1979 Decrease speed limit (8.16) (3.34) 2071 05/22/1979 Amend official street map 2011 08/01/1978 Condemnation 2072 05/29/1979 Willowbrook #1 lot 5, RS -8 to RML 2012 08/15/1978 Off-street parking standards 2073 06/11/1979 Street vacation 2013 08/15/1978 Amend 1978 budget 2074 06/19/1979 Confirm final assessment roll, LID No. 2014 08/15/1978 Street vacation 205 2015 08/15/1978 Contract rezone 2075 06/19/1979 Amend official street map 2016 08/22/1978 Amendment to comp. policy plan 2076 06/26/1979 Abandoned motor vehicles (8.50) 2017 08/22/1978 SEPA guidelines 2077 06/26/1979 Creating SID 1-79 2018 08/22/1978 Signs 2078 07/10/1979 Four-hour parking, portions Bell and 2019 08/22/1978 Restrict parking on 76th (8.64) Sunset (8.64) 2020 09/05/1978 Creating LID No. 205 2079 07/24/1979 Street vacation 2021 09/05/1978 Two-hour parking limit on certain streets 2080 07/24/1979 Vacating excess right-of-way (8.64) 2081 07/24/1979 Amending street map for vacation right - 2022 09/19/1978 Building code amendment, ventilation of -way 2023 09/19/1978 Bail schedule (5.48) 2082 07/24/1979 Rezone 2024 09/19/1978 In -lieu -of fee for parks 2083 07/30/1979 Prohibit abandoning junk motor vehicle 2025 09/26/1978 Fair housing commission (8.50) 2026 10/03/1978 1979 tax levy 2084 08/07/1979 Cash prepayment expiration, LID No. 205 2027 10/17/1978 Allow 25 percent compact car stalls 2085 08/14/1979 Traffic restrictions (8.64) 2028 10/17/1978 Restrict parking (8.64) 2086 08/21/1979 Unclaimed personal property 2029 10/31/1978 Amend tax levy 2087 08/21/1979 Supplement 1979 salary 2030 10/31/1978 Amending 1978 budget 2088 08/28/1979 Rezone Tables - 17 (Revised 8/02) Ordinance Table 2089 09/04/1979 Parking on Sunset and Ocean Ave. (8.64) 2147 06/03/1980 Expiration date for utility rates (7.30) 2090 09/11/1979 Plumbing code amendment 2148 06/03/1980 Sunset Ave. traffic flow (8.64) 2091 09/11/1979 Adopt 1976 mechanical code 2149 06/10/1980 Increase occupation utilities tax 2092 09/11/1979 Adopt 1976 housing code 2150 06/16/1980 Councilmanic bonds 2093 09/11/1979 Adopt code, abatement of dangerous 2151 06/16/1980 Annexation building 2152 07/01/1980 Amend boating ordinance (5.10) 2094 09/11/1979 Ballot property tax levy for emergency 2153 07/29/1980 Amend interest rate, LID No. 206 2095 09/18/1979 Annexation 2154 07/29/1980 Amend municipal arts fund (3.13) 2096 09/25/1979 Annexation 2155 07/29/1980 Pay parking lots (8.48) 2097 10/02/1979 1980 tax levy 2156 08/05/1980 Boards and commissions, excused absence 2098 10/02/1979 Jail detention costs (1.05) 2099 10/16/1979 Parking restrictions (8.48, 8.64) 2157 08/05/1980 Vacation right-of-way 2100 10/23/1979 Reduce right-of-way 2158 09/09/1980 Street vacation 2101 11/20/1979 Amend street map 2159 09/09/1980 Public official participation matter 2102 11/20/1979 Rezone 2160 09/16/1980 Accept bid from Olympic Bank on LID 2103 12/03/1979 Residential parking permits (8.52) 2161 09/16/1980 Prohibit parking with yellow curb marking 2104 12/11/1979 Define substantial change, sign code (8.48) 2105 12/18/1979 1980 budget 2162 09/23/1980 Parking, Railroad Ave. (8.64) 2106 12/18/1979 Council salaries 2163 10/07/1980 Property tax levy for 1981 2107 12/18/1979 Establish fund #002/cumulative reserve 2164 10/07/1980 Street vacation (Repealed by 3370) 2165 10/07/1980 Amending 1980 budget 2108 12/18/1979 Transfer funds and close sidewalk 2166 10/07/1980 Creating LID No. 208 2109 01/08/1980 1980 salary ordinance 2167 10/07/1980 Community impact statement (4.74) 2110 01/15/1980 8:00 p.m. starting time for council meeting 2168 11/04/1980 Contract rezone (1.04) 2169 11/10/1980 Establishing hearing examiner (10.35) 2111 01/15/1980 Create LID No. 206 2170 11/10/1980 Creating planning advisory board (10.40) 2112 01/15/1980 Rezone 2171 11/10/1980 Sale of city property procedure (3.01) 2113 01/15/1980 Rezone 2172 11/10/1980 Criminal investigation contingency (3.07) 2114 01/22/1980 Amend official street map 2173 11/10/1980 Juke boxes, pool tables, fees and hours 2115 01/29/1980 Driving while intoxicated (4.24) 2116 01/29/1980 Creating council president (1.02) 2174 11/10/1980 Public dances (4.40) 2117 02/11/1980 Amend 1980 salary ordinance 2175 11/10/1980 Public amusements, theatres, circus (4.32) 2118 02/19/1980 Contract rezone 2176 11/10/1980 Health officer (6.10) 2119 02/19/1980 Confirm assessment roll 2177 11/10/1980 Costs of abating nuisances (6.20) 2120 02/19/1980 Amendment to comprehensive policy 2178 11/10/1980 Notice to abate noxious weeds (6.30) 2121 02/19/1980 Amendment to zoning code 2179 11/10/1980 Water valves and billings (7.10) 2122 02/19/1980 Building code amendment 2180 11/10/1980 Duplicate railroad regulation repeal 2123 02/19/1980 Annexing Union Oil property and zoning 2181 11/10/1980 Water -sewer rate adjustment (7.30) 2124 03/03/1980 Amend 1980 budget 2182 12/02/1980 Adopting community development code 2125 03/11/1980 Edmonds elementary bonds 2183 12/02/1980 Recodification of all ordinances (1.01) 2126 03/18/1980 Increase per diem allowance for council 2184 12/09/1980 Authorizing filing traffic/criminal (1.02) 2185 12/16/1980 Annexation 2127 03/25/1980 Drug paraphernalia 2186 12/20/1980 Adopting final budget 1981 2128 04/08/1980 Prepayment expiration SID 1-79 2187 12/30/1980 Update model traffic ordinance 2129 04/15/1980 Creating LID No. 207 2188 12/30/1980 Establish advance travel fund (3.04) 2130 04/22/1980 Admiral Way parking (8.64) 2189 12/30/1980 1981 salary ordinance 2131 04/22/1980 Council president salary (1.02) 2190 01/06/1981 Revised fees for planning building 2132 04/29/1980 Port (Harbor Square) contract rezone 2191 01/20/1981 New business license fees (4.72) 2133 04/29/1980 Contract rezone 2192 01/27/1981 Rezone 2134 05/06/1980 Street vacation 2193 01/27/1981 Noise ordinance (5.30) 2135 05/06/1980 Amend official street map 2194 02/03/1981 Establish new council meeting schedule 2136 05/06/1980 Community development department (1.04) (Repealed by 3279) 2195 02/10/1981 Reorganizing planning department 2137 05/13/1980 Amend salary ordinance (Repealed by 3279) 2138 05/13/1980 Commercial vehicle parking (8.48) 2196 02/17/1981 7:00 p.m. meeting time for planning 2139 05/20/1980 Water -sewer rate increase (7.10, 7.30) (10.40) 2140 05/13/1980 Prohibiting internal combustion motor 2197 02/24/1981 Establish water rates (7.30) (5.10) 2198 02/24/1981 Low-income senior citizen water rates 2141 05/20/1980 Street vacation (7.30) 2142 05/20/1980 Official street map 2199 03/03/1981 Zoning annexed area 2143 05/20/1980 Amend official street map 2200 03/03/1981 Creating LID No. 209 2144 05/27/1980 Septic tank dumping (Repealed by 3401) 2201 03/03/1981 1981 salaries for exempt personnel 2145 05/27/1980 Annexation 2202 03/31/1981 Amend zone for PRD -4-79 2146 05/27/1980 Official street map 2203 03/31/1981 Powers and duties of alternate PAB (Revised 8/02) Tables - 18 Edmonds City Code Ordinance Table 3289 1/18/00 Utility easement vacation (Special) 3325 9/18/00 Amends § 10.80.060, citizens' 3290 1/18/00 Alternative deferred compensation commission on salaries of elected officials program for mayor (Special) (10.80) 3291 1/18/00 Amends § 5.34.015, assault (5.34) 3326 9/18/00 Adds Ch. 3.15, fire donation fund; repeals 3292 1/18/00 Repeals and replaces Ch. 18.70, and replaces Ch. 3.09, cumulative reserve encroachment permits (Repealed by 3367) fund for fire apparatus (3.09, 3.15) 3293 1/18/00 Amends § 17.70.040, bistro and outdoor 3327 9/18/00 Amends § 17.40.025(C), nonconforming dining (17.70) uses (17.40) 3294 2/1/00 Repeals and replaces Ch. 20.21 and 3328 9/18/00 Adds §§ 3.24.015 and 3.24.016; amends § 21.05.015, accessory dwelling units §§ 3.24.020(D) and 3.24.200, taxation and (20.21, 21.05) regulation of gambling (3.24) 3295 2/1/00 Grants telecommunications franchise to 3329 10/10/00 Amends §§ 20.15B.110 and 20.95.050, Metromedia Fiber Network Services, Inc. geologically hazardous areas (20.15B, (Special) 20.95) 3296 2/15/00 Renumbers existing § 20.75.055 to be 3330 10/24/00 Amends § 3.24.015, taxation and § 20.75.060; adds new § 20.75.055, regulation of gambling (3.24) subdivisions (20.75) 3331 10/24/00 2001 tax levies (Special) 3297 3/06/00 Adds § 20.105.045, appeals (20.105) 3332 11/21/00 Adds § 7.30.045, special connection 3298 3/21/00 Adds Ch. 5.55, emergency response cost charge (7.30) recovery (5.55) 3333 11/21/00 Grants telecommunications franchise to 3299 3/21/00 Property condemnation (Special) Adelphia Business Solutions Operations, 3300 3/28/00 Adds § 17.40.025, nonconforming Inc. (Special) accessory dwelling units (17.40) 3334 11/28/00 LID Nos. 215 and 216 bond anticipation 3301 4/4/00 Amends § 8.51.040, employee parking notes (Special) permits (8.51) 3335 11/28/00 Ratifies and reenacts Ords. 3286 and 3287, 3302 4/18/00 Amends § 18.80.060, streets and LID Nos. 215 and 216 assessments driveways (18.80) (Special) 3303 4/25/00 Purchasing policy; repeals Ch 2.80 (Not 3336 11/28/00 Adopts 2001 budget (Special) codified) 3337 12/05/00 Reenacts Ords. 3280, 3281, 3282, and Res. 3304 4/25/00 Amends § 3.24.020, gambling tax (3.24) No. 967 (Special) 3305 5/2/00 Amends comprehensive plan (Special) 3338 12/12/00 Citizens historic preservation advisory 3306 5/2/00 Amends comprehensive plan (Special) committee (Special) 3307 5/2/00 Amends comprehensive plan (Special) 3339 12/12/00 Adds §§ 7.30.010(J) and 7.30.035; 3308 5/2/00 Amends comprehensive plan (Special) amends §§ 7.30.030 and 7.30.040(A), 3309 5/2/00 Amends comprehensive plan (Special) water rates and sewer charges (7.30) 3310 5/2/00 Amends comprehensive plan (Special) 3340 12/12/00 Salary ranges and benefits for 3311 5/16/00 Amends § 8.48.215, parking (8.48) nonrepresented personnel (Special) 3312 5/16/00 Adds Ch. 17.75, outdoor dining (17.75) 3341 12/12/00 Amends Ord. 3284, 2000 budget (Special) 3313 5/23/00 Repeals Ch. 20.60 and §§ 21.05.050, 3342 1/2/01 Annexation (Special) 21.30.080, 21.35.020, 21.80.100, 3343 1/30/01 Adds Ch. 17.35, animals in residential 21.90.070, 21.115.010 and 21.115.020; zones (17.35) adds new Ch. 20.60, sign code (20.60) 3344 2/6/01 Amends § 18.95.030, tandem parking 3314 6/6/00 Adds § 20.91.030, continuances (18.95) (Repealed by 3317) 3345 2/6/01 Repeals § 20.15A.280, environmentally 3316 6/27/00 Amends Ord. 3285, salary ranges for sensitive areas (Repealer) nonrepresented personnel (Special) 3346 2/6/01 Amends § 21.55.050, lot width (21.55) 3317 7/18/00 Repeals and reenacts § 20.91.030 as an 3347 2/6/01 Adds § 17.70.005, project sales offices/ interim measure, zoning (20.91) sales models (17.70) 3318 7/18/00 Adds Title 23, natural resources, and Ch. 3348 3/6/01 Adds § 17.30.035, trellises and arbors 23. 10, shoreline master program; repeals (17.30) Chs. 15.35 - 15.39 (23.10) 3349 3/6/01 Sno-Isle library district annexation special 3319 7/25/00 Adds § 3.24.015, taxation and regulation election (Special) of gambling (3.24) 3350 3/6/01 Adds Ch. 6.65, fire department (6.65) 3320 7/25/00 Adds Ch. 17.65, limited outdoor display of 3351 3/20/01 Amends Ord. 3340, salary ranges and merchandise, and §§ 16.45.030(A)(5), benefits for nonrepresented personnel 16.50.030(A)(6), 16.55.030(A)(4) and (Special) 16.60.030(A)(8), zoning (16.45, 16.50, 3352 3/20/01 Amends Ord. 3333, telecommunications 16.55, 16.60, 17.65) franchise to Adelphia Business Solutions 3321 9/5/00 Amends zoning map (Special) Operations, Inc. (Special) 3322 9/5/00 Amends Ch. 5.05, animal control (5.05) 3353 3/20/01 Adds § 17.40.050, Ch. 17.100, 3323 9/5/00 Amends Ord. 3285, salary ranges for §§ 21.15.015, 21.15.071, 21.15.073, nonrepresented personnel (Special) 21.55.007, Ch. 21.65, §§ 21.80.005, 3324 9/5/00 Establishes mayor's salary (Special) 21.85.031, 21.85.033, 21.90.008 and 21.100.090; renumbers existing Tables - 31 (Revised 8/02) Ordinance Table 3354 3355 4/3/01 3356 4/17/01 3357 4/17/01 3358 4/24/01 3359 5/14/01 3360 5/14/01 3361 5/14/01 3362 5/22/01 3363 5/22/01 3364 5/22/01 3365 6/19/01 3366 6/19/01 3367 6/19/01 3368 6/26/01 3369 7/24/01 3370 7/24/01 3371 7/31/01 3372 8/21/01 3373 11/05/01 3374 11/20/01 3375 11/27/01 3376 11/27/01 3377 11/27/01 3378 11/27/01 3379 11/27/01 3380 11/27/01 3381 12/04/01 3382 12/04/01 3383 12/11/01 3384 12/11/01 § 21.90.008 to 21.90.006; amends §§ 16.20.010, 16.30.010, 16.45.010, 16.50.010, 16.53.010, 16.55.010, 16.62.010, 17.40.010 and 17.40.040; repeals and replaces Ch. 16.80, community facilities (16.20, 16.30, 16.45, 16.50, 16.53, 16.55, 16.62, 16.80, 17.40, 17.100, 21.15, 21.55, 21.65, 21.80, 21.85, 21.90, 21.100) Failed Moratorium on building permit applications for establishment or expansion of churches on collector streets (Repealed by 3362) Amends comprehensive plan (Special) Amends comprehensive plan (Special) Creates public facilities district (Special) Repeals and replaces § 4.64.070, garbage collection (4.64) Amends § 10.80.060, salary schedule (10.80) Public facilities district charter (Special) Repeals Ord. 3355 (Repealer) Amends § 17.50.020(A), parking space requirements (17.50) Amends § 21.90.120, streets (21.90) Adds §§ 8.48.168, 8.48.600, 8.48.601, 8.48.602, 8.48.603, 8.48.604, 8.48.605, 8.48.606, 8.48.607, 8.48.608, 8.48.610, 8.48.611, 8.48.613 and 8.48.614; amends § 8.48.170, parking (8.48) Amends § 6.40.130, handbills on vehicles (6.40) Repeals and replaces Ch. 18.70, street right-of-way use and encroachment permits (18.70) Amends zoning map (Special) Amends 2001 budget (Special) Repeals Ord. 2107, cumulative reserve fund for general fund expenditures (Repealer) Grants open video system franchise to Black Rock Cable, Inc. (Special) Bond issuance (Special) Adds Ch. 2.25, military leave; amends § 2.35.045(A) and (B), shared leave (2.35, 2.36) Amends zoning map (Special) Amends § 3.50.020, insufficient check charges (3.50) Amends § 20.91.030, continuances (20.91) Consolidated LID No. 215/216 bonds (Special) Amends zoning map (Special) 2002 property tax levy (Special) 2002 property tax levy (Special) Consolidated LID No. 215/216 assessments (Special) Amends § 1.02.035, vacant council positions (1.02) Approved planned residential development (Special) Amends § 2.15.060, judges pro tem (2.15) 3385 12/11/01 Amends comprehensive plan (Special) 3386 12/11/01 Amends comprehensive plan (Special) 3387 12/11/01 Repeals and replaces Ch. 20.35; adds Ch. 21.125, planned residential development (20.35, 21.125) 3388 12/11/01 General obligation bond issuance (Special) 3389 12/11/01 Amends 2001 budget (Special) 3390 12/11/01 Salary ranges and benefits for nonrepresented personnel (Special) 3391 12/18/01 Adopts 2002 budget (Special) 3392 2/19/02 Adds Ch. 10.90, historic preservation commission (10.90) 3393 3/5/02 Adds § 7.60.030, utility assistance fund (7.60) 3394 3/19/02 Amends § 20.91.030, continuances (20.91) 3395 4/16/02 Amends § 5.28.010, frauds and swindles (5.28) 3396 4/23/02 Property condemnation (Special) 3397 5/7/02 Adds Ch. 20.45, Edmonds register of historic places (20.45) 3398 5/21/02 Amends comprehensive plan (Special) 3399 6/18/02 Amends § 2.25.020, military leave (2.36) 3400 6/25/02 Amends §§ 7.30.030(A) and (B), 7.30.040(A) and 7.50.050, utility rates (7.30, 7.50) 3401 7/2/02 Adds Chs. 7.90, 7.91, 7.92, 7.93, 7.94, 7.95, 7.96, 7.97, 7.98, 7.99, 7.100, 7.101 and 7.102; repeals Ch. 6.50, wastewater treatment (7.90, 7.91, 7.92, 7.93, 7.94, 7.95, 7.96, 7.97, 7.98, 7.99, 7.100, 7.102) 3402 7/2/02 Adds Ch. 16.75, master plan hillside mixed-use zone (16.75) 3403 7/2/02 Franchise change of control (Special) 3404 7/16/02 Amends § 2.35.020(A), holidays (2.35) 3405 7/16/02 Property tax levy special election (Special) 3406 7/16/02 Property tax levy special election (Special) 3407 7/16/02 Amends Ord. 3390, salary ranges, benefits for nonrepresented personnel (Special) 3408 7/23/02 Amends Ord. 3390, salary ranges (Special) 3409 7/23/02 Establishes mayor's salary (Special) 3410 7/23/02 Councilmembers' salaries (Special) 3411 7/23/02 Rezone (Special) 3412 7/23/02 Amends § 2,35.045, shared leave (2.35) (Revised 8/02) Tables - 32 Edmonds City Code Property Schedule V 8.48.150, 8.64.050 Peddlers Schedule VI 8.48.160, 8.64.060 Appeals 4.12.085 Schedule VI -A 8.48.155, 8.64.065 Definitions 4.12.010 Schedule VI -B 8.64.067 License Unlicensed vehicle 8.48.168 applications 4.12.040 Violation carrying 4.12.070 infractions 8.48.215 fees 4.12.030 notice investigations 4.12.050 failure to respond 8.48.210 issuance, expiration 4.12.060 issuance 8.48.200 required 4.12.020 Parks revocation 4.12.080 See also Boating code Penalties 4.12. 100 Brackett's Landing Shoreline Sanctuary Purchase order forms 4.12.090 nuisances 5.32.130 Restrictions 4.12.065 permits 5.32.120 Severability 4.12. 110 prohibited acts 5.32.110 Street vendors 4.12.055 Closing hours Permit special, posting 5.32.020 Aircraft landing 4.80.020 standard 5.32.010 CATV systems 4.68.020 Definitions 5.32.005 Employee parking 8.51.040 Fishing pier 5.32.100 Marine life, collecting 5.32.105 Horses 5.32.050 Parade 8.08.010 Intoxicants 5.32.040 Residential parking 8.52.010 Marine life, collecting Rideshare program 8.49.040 permit required 5.32.105 Personnel See City officers, employees shellfish Planning board enforcement 5.32.108 Appointment, powers, duties 10.40.020 statutes adopted 5.32.107 Purpose of provisions 10.40.010 Underwater parks Police beaches adjacent to 5.32.080 See also Civil service commission; Criminal code; diving, special permission 5.32.090 Disability board prohibited acts 5.32.070 Chief, appointment 2.10.030 regulations 5.32.060 Corps program scuba, skin diving 5.32.085 civil service integration 2.95.030 Vehicles prohibited 5.32.030 participation authorized 2.95.020 Violation, penalty 5.32.140 recitals, findings 2.95.010 Pawnbrokers Dogs, interfering with, abusing 5.40.040 Ammunition sales, storage 4.75.150 Impersonation 5.40.060 Definitions 4.75.030 Vehicles, resemblance to 5.40.050 Exemptions 4.75.020 Pool, billiards, arcades Inspections 4.75. 110 Arcade locations, hours of operation 4.24.027 Interest rates 4.75.160 License License applications 4.24.025 application 4.75.060 denial 4.24.040 denial, revocation 4.75.070 fees 4.24.020 fees 4.75.040 investigation 4.24.026 hearings 4.75.080 required 4.24.010 required 4.75.010 revocation 4.24.050 Locations 4.75.050 Pool, billiard room locations, hours of operation Police 4.24.030 authority 4.75.035 Violation, penalty 4.24. 100 holds 4.75.170 Property Property retention 4.75.140 Crimes Recordkeeping 4.75.100 See also Criminal code Seller, consignee malicious mischief, statutes adopted 5.36.020 duty to provide true name 4.75.120 theft, statutes adopted 5.36.010 restrictions 4.75.180 trespassing, statutes adopted 5.36.040 Transaction record, furnishing 4.75.130 Prostitution See Crimes under Public morals Violation, penalty 4.75.190 Index -11 (Revised 8/02) Public amusements Public amusements Compliance 4.32. 100 Definitions 4.32.010 License applications 4.32.030 emergency suspension 4.32.090 fees, term 4.32.060 investigations 4.32.040 issuance 4.32.050 required 4.32.020 revocation notice, appeals 4.32.080 reasons 4.32.070 Severability 4.32.200 Violation, penalty 4.32.110 Public art See also Arts commission Acquisition fund See also Municipal arts fund created 3.13.070 Public disclosure Applicability 1.14.010 Definitions 1. 14.020 Documents filing 1. 14-030 Interpretations 1. 14.060 Participation prohibited 1. 14.050 Required 1. 14.040 Severability 1.14.080 Violation, penalty 1. 14.070 Public morals See also Sex offenders Crimes offensive telephone calls 5.38.020 prostitution sex, no defense 5.38.070 unlawful acts 5.38.060 public exposure exemptions 5.38.050 facilitating 5.38.040 prohibited 5.38.030 Definitions 5.38.010 Violation, penalty 5.38.130 Public peace See also Criminal code Crimes, statutes adopted libel, slander 5.42.040 malicious prosecution 5.42.050 privacy rights 5.42.030 riot 5.42.020 Publicly owned treatment works See Wastewater pretreatment Punchboards, pull tabs See Gambling tax _Q_ Quiet zones See under Noise —R— Rabies See under Animal control Raffles See Gambling tax Real estate excise tax Additional imposed 3.29.015 park acquisition/improvement fund 3.29.017 Capital improvement fund created 3.29.013 Collection by county 3.29.020 County treasurer duties 3.29.050 Due date 3.29.060 Imposed 3.29.010 Lien 3.29.040 Refunds 3.29.070 Seller's obligation 3.29.030 Statutes adopted 3.29.080 Recycling See also Garbage collection; Solid waste Consistency with existing programs 7.80. 100 Containers 7.80. 110 Definitions 7.80.020 Program, monitoring 7.80.060 Purpose of provisions 7.80.010 Separation 7.80.090 Services changes 7.80.070 classifications 7.80.040 implementation dates 7.80.120 rates, reporting 7.80.050 required 7.80.030 Rideshare program Definitions 8.49.020 Permits issuance, applications 8.49.040 revocation 8.49.050 Purpose of provisions 8.49.010 Three-hour parking limits, exemptions from 8.49.030 Unlawful activities 8.49.050 Violation, penalty 8.49.060 _S_ Sales, use tax Additional, imposed 3.28.020 Administration, collection 3.28.030 Imposed 3.28.010 Records inspection 3.28.040 Violation, penalty 3.28.050 Secondhand dealers See Pawnbrokers Security guards License required 5.40.070 Sewage treatment plant See Wastewater pretreatment Sewers See Combined utility Sex offenders Registration of 5.38.140 Shorelines See under Parks Sidewalks Construction abutting property designated 9.20.040 assessment notice 9.20.030 (Revised 8/02) Index -12 Edmonds City Code Traffic definitions 9.20.010 issuance 4.60.070 expenses 9.20.020 required 4.60.020 Enforcement 9.20.090 revocation, suspension, denial 4.60.120 Repair, maintenance responsibility Prohibited activities 4.60.110 planting strips 9.20.060 Severability 4.60.300 procedures, costs 9.20.080 Violation, penalty 4.60.140 sidewalks 9.20.050 Teen dance halls transition strips 9.20.070 Age restrictions 4.44.072 Sister city commission Definitions 4.44.010 Created 10.60.010 License Expenditures 10.60.050 application 4.44.040 Funds acceptance 10.60.040 denial 4.44.050 Meetings 10.60.020 exemption, payment waiver 4.44.030 Organization 10.60.030 location, operator limitations 4.44.078 Skateboards, roller skates required, fees 4.44.020 See also Criminal code revocation 4.44.070 Restrictions 5.46.050 Official access 4.44.076 Slander See under Public peace Readmission fees 4.44.074 Solicitors See Peddlers Threatening Solid waste See also Criminal code See also Garbage collection; Recycling Misdemeanor 5.34.020 County system applicability 7.70.020 Tobacco products sale Definitions 7.70.010 See also Criminal code Interlocal agreement 7.70.040 Definitions 5.15.010 Unlawful disposal 7.70.030 Identification 5.15.030 Sound trucks Notice posting 5.15.040 License required, fees 4.56.010 Vending machines 5.15.020 Violation, penalty 4.56.020 Violation, penalty 5.15.050 Stormwater management utility Traffic See also Combined utility Alcoholic beverages in vehicles 8.32.060 Administrative rate adjustment 7.50.060 Arterial highways Administrator 7.50.020 Schedule II 8.64.020 Created 7.50.010 stops Property transfer 7.50.040 designated 8.28.010 Rates, charges 7.50.050 signs 8.28.020 System adoption 7.50.030 violation, penalty 8.28.030 Street Compression brakes 8.32.050 See also Traffic Control devices 8.32.070 Obstructions Definitions 8.04.010 penalties 9.25. 100 business district 8.04.150 violations designated 9.25.010 central traffic district 8.04.140 Vendors See Peddlers garage keeper 8.06.050 highway 8.04.015 T — road 8.04.015 Tax See Specific Tax street 8.04.015 Taxicabs Fines, forfeitures See also Horse taxis disposition 8.60.020 Appeals 4.60.130 official misconduct 8.60.030 Definitions 4.60.010 Funeral processions 8.32.010 License Model Traffic Ordinance application See also Statutes contents 4.60.040 adopted 8.06.010 form 4.60.030 sections not adopted 8.06.020 approval 4.60.060 One-way streets drivers 4.60.080 designated 8.24.010 fees, expiration date 4.60.090 restrictions 8.32.030 insurance 4.60. 100 Schedule I 8.64.010 investigation 4.60.050 signage 8.24.020 violation, penalty 8.24.030 Index -13 (Revised 8/02) Utilities Parades See Parades industrial user surveys 7.92.010 Parking See Parking Enforcement Playing in streets 8.32.025 See also Violation, penalty Skateboards See Skateboards, roller skates cease and desist orders 7.97.060 Speed limits compliance orders 7.97.040 parks 8.16.070 consent orders 7.97.030 state laws contract termination 7.99.050 applicability 8.16.010 emergency suspensions 7.97.070 decreasing 8.16.020, 8.16.040 injunctive relief 7.98.010 increasing 8.16.030 notification of violation 7.97.020 violation, penalty 8.16.015 nuisance declaration 7.99.040 Statutes remedies nonexclusive 7.98.040 See also Model Traffic Ordinance show cause hearing 7.97.050 adopted 8.06.040 state responsibility 7.97.010 sections not adopted 8.06.030 termination of discharge 7.97.080 Street closures, Schedule IX 8.64.090 water supply severance 7.99.030 Title of provisions 8.04.001, 8.06.001 Facilities requirements 7.91.080 Trains, blocking streets 8.32.040 Financial assurances 7.99.020 Truck routes 8.56.010 Nonliability of city 7.102.040 Vehicles restricted 8.56.030 Performance bonds 7.99.010 Violation Purpose, policy 7.90.010 See also Specific Violation Reporting requirements penalty 8.04.002, 8.32.080, 8.60.010 dangerous waste constituents 7.93.030 Warrant issuance 8.60.090 records Weight limitations, Schedule VIII 8.64.080 disclosure 7.93.010 keeping 7.93.040 — U — unpermitted users 7.93.020 Sampling Use tax See Sales, use tax analytical requirements 7.94.020 Utilities city monitoring 7.94.030 See also Combined utility generally 010 Bills, delinquency charges 3.50.030 00 Savings 2.5 Tax See Occupation tax Septic tannkk wastes 7.91.120 — V — Severability 7.102.020 Standards Vehicles See Abandoned vehicles; Motor vehicles See also Facilities requirements Video games See Pool, billiards, arcades additional measures 7.91.100 Violations bureau See under Criminal code compliance deadline 7.91.090 dilution 7.91.070 — W — local limits 7.91.040 national 7.91.020 Wastewater pretreatment prohibited discharge 7.91.010 Abbreviations 7.90.040 revision rights 7.91.050 Accidental discharge/slug control plans 7.91.110 special agreements 7.91.060 Administration 7.90.020 state requirements 7.91.030 Appeals 7.97.090 Violation, penalty Charges, fees 7.102.010 See also Enforcement Compliance, monitoring civil 7.98.020 facilities monitoring 7.95.020 criminal prosecution 7.98.030 inspections, sampling 7.95.010 defense orders 7.97.040 - bypass 7.100.030 search warrants 7.95.030 discharge standards 7.100.020 vandalism 7.95.040 upset 7.100.010 Confidential information 7.96.010 Water Conflicts of provisions 7.102.030 See also Combined utility Definitions 7.90.030 Backflow prevention Discharge permit requirements abatement procedures 7.20.060 dangerous waste constituents 7.92.030 cross -connections prohibited 7.20.020 generally 7.92.020 definitions 7.20.010 (Revised 8/02) Index -14 Edmonds City Code device installation 7.20.030 private supply systems 7.20.040 state regulations adopted 7.20.050 violation, penalty 7.20.070 Cross -connections See Backflow prevention Fire service connections applications 7.40.010 expense 7.40.020 metering 7.40.030 service charges 7.40.040 violation, penalty 7.40.050 Rates, charges connection special 7.30.045 utility 7.30.035 definitions 7.30.010 designated 7.30.040 low income deductions authorized 7.30.070 misrepresentations, penalties 7.30.090 meters installation charges 7.30.030 single-family residences 7.30.020 severability 7.30.060 unauthorized use 7.30.050 Service accounting 7.10.020 applications 7.10.010 billing adjustments 7.10.110 city access buildings 7.10.040 curb cocks, meters 7.10.050 connections required 7.10.065 responsibility 7.10.120 dormant 7.10.140 enforcement 7.10.063 meter inspection request 7.10.080 pipe 7.10.130 pressure corrections 7.10.150 repairs, temperature valves 7.10.170 stop, waste valves 7.10.160 suspension, procedure 7.10.030 turnon, turnoff charges 7.10.070 unlawful acts 7.10.180 Shortages, use limitations authorization 7.10.060 city powers 7.10.061 enforcement See under Service surcharge 7.10.062 Weapons See Explosives; Firearms, dangerous weapons Weeds See also Nuisances Abatement inspection 6.30.020 notice 6.30.030 refusal, failure 6.30.040 Noxious plants prohibited 6.30.010 Index -15 Violation, penalty 6.30.050 Wreckers Business location, appearance 4.11.050 Definitions 4.11.010 License required 4.11.020 Penalties 4.11.060 Recordkeeping 4.11.030 Severability 4.11.300 Unlawful activities 4.11.040 Wreckers (Revised 8/02)