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HomeMy WebLinkAbout3702 Ordinance ORDINANCE NO. E-76Zr AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, REPEALING CHAPTER 13.52 ENTITLED "SEWER USE AND INSTALLATION" AND CREATING CHAPTER 13A.52 "SEWER USE AND INSTALLATION' WHEREAS,the City has pursuant to RCW 35A.80.010 maintained and operated a sewer collection and treatment facilities as a City utility; and WHEREAS, sewer use and installation has been regulated by the City for the efficient utilization of the sewage facility; and WHEREAS, a significant change has occurred in the regulations, technology, and expectations from the sewage facilities which require modernization and modification of their regulations contained within the Municipal Code concerning the sewer use and installation; and WHEREAS, the City has identified certain modifications necessary to comply with the existing regulations and the maintenance and capacity of the existing sewer facility and has proposed such new regulations that will replace those formerly adopted within the Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. That Chapter 13.52 entitled "Sewer Use and Installation" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 2. That Chapter 13A.52 entitled "Sewer Use and Installation" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 13A.52 SEWER USE AND INSTALLATION Sections 13A.52.010 Definitions. USE OF PUBLIC SEWERS REQUIRED 13A.52.020 Deposit of refuse on ground. 13A.52.030 Discharge of untreated sewage. 13A.52.040 Septic tanks and cesspools. 13A.52 - 1 13A.52.050 Required connection with sewers. PRIVATE DISPOSAL SYSTEM 13A.52.060 Connection-When required. 13A.52.070 Permit required-Application-Fee. 13A.52.080 Connection with sewer when available. 13A.52.090 Operation and maintenance. 13A.52.100 Additional requirements. BUILDING SEWERS, SIDE SEWERS AND CONNECTIONS 13A.52.110 Permit required. 13A.52.120 Classifications of permit-Fees. 13A.52.130 Expense-City indemnity. 13A.52.140 Separate sewers required-Exception. 13A.52.150 Old sewers-Inspection. 13A.52.160 Specifications. 13A.52.170 RV Dumps. 13A.52.180 Connection with public sewer. PUBLIC SEWERS 13A.52.190 Discharge-Approval required. 13A.52.200 Storm waters. 13A.52.210 Prohibited discharge of waste material. 13A.52.220 Specific prohibitions for discharge. 13A.52.230 Limitations on wastewater strength. 13A.52.240 Grease, oil and sand traps. 13A.52.250 Maintenance of grease, oil and sand traps. 13A.52.260 Recordkeeping for grease, oil and sand traps. 13A.52.270 Preliminary treatment by owner. 13A.52.280 Permit required. 13A.52.290 Maintenance of pretreatment equipment and facilities. 13A.52.300 Acceptable types of pretreatment facilities. 13A.52.310 Location of facilities. 13A.52.320 Installation of facilities. 13A.52.330 Installation schedule. 13A.52.340 Pretreatment waste disposal. 13A.52.350 Pretreatment accidental spill containment program. 13A.52.360 Pretreatment records required. 13A.52.370 Industrial wastes-Manholes. 13A.52.380 Testing methods and responsibility. 13A.52.390 Special arrangements concerning industrial wastes. 13A.52 - 2 RIGHT OF ENTRY 13A.52.400 Powers and authority of inspectors. VIOLATIONS 13A.52.410 Tampering with sewers. 13A.52.420 Penalty for violation. 13A.52.430 Alternative remedy- notice and abatement. 13A.52.440 Civil liability. OTHER REMEDIES 13A.52.450 Repair and cleaning of private sewer pipe. 13A.52.010 DEFINITIONS. A) All terminology used in this Chapter and Chapter 13A.52 through 13.54, unless specifically defined therein, is defined as follows: 1) "Act" or "the Act" means The Federal Water Pollution Control Act, also known as the Clean Water Act, (33 U.S.C. 1251 et seq.), as amended. 2) "AKART." An acronym for "all known, available, and reasonable methods (prevention,control,and treatment)to prevent and control pollution of the waters of the State of Washington." (Chapter 90.48 RCW). AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. AKART shall by applied by all users of the POTW. AKART includes Best Management Practices and may be required by the Director for any discharge to the POTW. 3) "Applicable discharge limits for any specified pollutant" means the City's specific limitations on discharge,the State standards,or the national categorical pretreatment standards (when effective), whichever standard is most stringent in a given situation. 4) "Authorized representative" means: a) If the industrial discharger is a corporation, the president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or the manager of one or more manufacturing or production facilities, is authorized to sign documents and/or has been assigned or delegated as the manager in accordance with corporate procedures. 13A.52 - 3 b) If the industrial discharger is a partnership or sole proprietorship, a general partner or proprietor, respectively. C) If the industrial discharger 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 designee. d) The individual described in paragraphs a) through c) above may designate another representative if the authorization is in writing, the authorization specifies the individual or position responsibility for the overall operation of the facility from which the discharger originates or having overall responsibility for environmental matters for the company,and the written authorization is submitted to the City. 5) "Backwater valve" means a device located in the basement floor drain of a building,which prevents wastewater from backing up into the building from a public sewer. 6) "BOD" (denoting biochemical oxygen demand)means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees centigrade,expressed in milligrams per liter,and determined in accordance with "standard methods." 7) 'Building Drain"means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall. 8) "Building Sewer"also called"House Connection"means the extension from the building on private property and all extensions owned and maintained by the property owner to the public sewer pipeline. 9) "Bypass" means the intentional diversion of waste streams from any portion of an industrial discharger's treatment facility. 10) "Categorical Pretreatment Standards or Categorical Standards" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.0 1317) which apply to a specific category of industrial dischargers and which appear in 40 CFR chapter I, subchapter N, parts 405 through 471. 11) "City" means the City of Pasco, Washington. 12) "City Engineer" means the City Engineer of the City of Pasco, or his duly authorized representative, 13A.52 - 4 13) "Collection System" means the sanitary sewer piping portion of the public sewer system designated and constructed to collect sewage from individual building sewers and side sewers and convey it to the POTW. 14) "Color" means the optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density. 15) "Commercial"means those establishments,both public or private and profit or nonprofit in nature,discharging primarily domestic type water,that inhabit the community for the use, service or benefit of the citizenry solely within the community area. 16) "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. 17) "Connect Order" means the application filed with the City Finance Department for a sanitary sewer or a storm service connection. 18) "Cooking Establishments" means those establishments primarily engaged in activities of preparing, serving, or otherwise making available for consumption foodstuffs and that use one or more of the following preparation activities: cooking by frying (all methods),baking(all methods),grilling,sautding,rotisserie cooking,broiling(all methods), boiling, balancing, roasting, toasting, or poaching. Also included are infrared heating, searing, barbecuing, and any other food preparation activity that produces a hot, non- drinkable food product in or on a receptacle that requires washing. 19) "Cooling Water"means water used for cooling purposes generated from any use,such as but not limited to air conditioning,heat exchangers,cooling or refrigeration.For the purpose of this Policy, such waters are further divided into two subcategories: a) Uncontaminated: Water to which the only pollutant added is heat, which has no direct contact with any raw material, waste, intermediate, or final product, and which does not contain a level of contaminants detectably higher than that of the intake water. b) Contaminated: Water likely to contain levels of pollutants detectably higher than the intake water. This includes water contaminated through any means such as but not limited to,chemicals added for water treatment,corrosion inhibition, or biocides, or by direct contact with any process materials, products, and/or wastewater. 13A.52 - 5 20) "Department of Ecology"means the Washington State Department of Ecology (DOE) or authorized representative thereof. 21) "Department of Health" means the Washington State Department of Health (DOH) or authorized representative thereof. 22) "Director"means the City of Pasco Director of Public Works or his authorized deputy, designee, agent or representative. 23) "Domestic Waste"means residential and commercial sewage discharged into sanitary sewers. 24) "EPA"means the Environmental Protection Agency. 25) "Existing User"means any Categorical User,which discharges wastewater to the POTW prior to the effective date of this Policy. 26) "FOG" means fats, oils and grease. 27) "Footing Drain" means an open joint or perforated pipe located near the foundation of a building and intended to collect and carry underground storm or drainage water. 28) "Garbage" means the solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. 29) "Grease Trap" means a professionally engineered appurtenance or device designed and constructed to separating and retaining FOG prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. These devices also serve to collect settable solids,generated by and from food preparation activities,prior to the water exiting the trap and entering the sanitary sewer collection and treatment system. Grease Traps are sometimes referred to herein as "Grease Interceptors" 30) "House Connection", also called Building Sewer,means the extension from the building sewer drain on private property and owned and maintained by the property owner to the side sewer or other place of disposal. 31) "Indirect Discharge" means the introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c), or(d) of the Act. 32) "Industrial User Permit"means written permission from the Washington State Department of Ecology to discharge domestic waste, industrial waste or a combination thereof into the collection system. 13A.52 - 6 33) "Industrial Wastewater" means water or liquid-carried waste from any industry, manufacturing operation,trade, or business such as but not limited to, a polluted liquid,solid or gaseous substance,or combinations thereof which includes any combination of process wastewater,cooling water,contaminated storm water,contaminated leachate,or other waters such that the combined effluent differs in some way from purely domestic wastewater,or is subject to regulation under Federal Categorical Pre-treatment Standards,the State Waste Discharge Permit program, or this Policy. 34) "Industry"means those commercial and industrial establishments,public and private, profit and non-profit, which produce, process, store or manufacture items for use outside as well as within the community area. 35) "Infiltration"means the water entering a sewer system,including building and side sewers,from the ground through such means as,but not limited to,defective pipes,pipe joints,connections,or manhole walls.Infiltration does not include and is distinguished from storm inflow. 36) "Interference" means the effect of a discharge or discharges on the POTW from one or more Users which results in either: a) inhibition or disruption of the POTW, its treatment processes or operations,or its sludge processes,use or disposal; b) violation of any permit regulating the City's wastewater discharge or sewerage sludge; or C) prevention of sewage sludge use or disposal in compliance with any applicable statutory or regulatory provision or permit issued thereunder. 37) "Maximum Allowable Discharge Limit"means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. 3 8) "Multi-Family Dwelling Unit"means a residential establishment consisting of a building or portion thereof used or designed as a residence for two,three or more families living independently of each other, and doing their own cooking in said building, including (duplex)apartment house,apartment hotel and flat,but not including motor lodge,motel or other similar designations. 39) "Multi-Unit Commercial" means businesses, industries, schools, public agencies,churches or other water users that are not residential or multi-family wherein more than one unit is connected to a single water meter. 13A.5? - 7 40) "NPDES"means the National Pollutant Discharge Elimination System permit program as administered by the Environmental Protection Agency or State of Washington Department of Ecology. 41) "Pass Through" means a condition occurring when discharges from Users, (singly or in combination)exit the POTW in quantities or the concentrations which either: a) cause a violation of any requirement of the City's NPDES or State Waste Discharge Permit; or b) cause an increase in the magnitude or duration of a violation;or cause a violation of any water quality standard for waters of the State promulgated under State regulations including Chapter 173-201A WAC 42) "Permit"means a building permit issued following an approved connect order, or a carbon copy of the building permit,which shall be visibly posted on the premises where the work is being accomplished. 43) "Person" means any individual, company, partnership, corporation, association, society or group, and the singular term includes the plural. 44) "pH"means the logarithm of the reciprocal of the weight of hydrogen ions in moles per liter of solution, a measure of acidity and alkalinity. 45) "POTW"(denoting publicly owned treatment works)means the wastewater treatment plant including,but not limited to,the sewer mains and pumping stations in the collection system network operated by the City of Pasco. 46) "Pollutant"means any substance,either liquid,gaseous,solid,or radioactive, discharged to the POTW which,if discharged directly, would alter the chemical,physical, thermal, biological, or radiological properties of the natural state of water which interferes with its beneficial reuse or causes failure to meet water quality requirements of the State of Washington including pH,temperature,taste,color,turbidity,oxygen demand,toxicity,or odor. This includes any discharge likely to create a nuisance or render such waters harmful, detrimental or injurious to any beneficial uses,terrestrial or aquatic life,or to public health, safety or welfare. 47) "Pretreatment"means the necessary treatment of wastewater by the discharger before the wastewater is introduced into the public sewer system. Necessary treatment is defined by state and federal regulations for each industry, but, in general, means that the wastewater quality must meet the discharge limits and not interfere with flow in the public sewer system or with sewage treatment plant processes. 13A.52 - 8 48) "Private Sewage Disposal System"means a septic tank and drain field that is approved by the Benton-Franklin Health Department and is located on the same property as the building being served. 49) "Properly Shredded Garbage"means garbage that has been shredded to such a degree that it will be carried or suspended freely under the flow conditions prevailing in sanitary sewers, with no particle larger than three-eighths inch in any dimension. 50) "Public Place," "Public Area" or"Street Area" means any space dedicated to or acquired by the City for the use of the general public. 51) "Public Sewer System" means the sanitary sewer facilities owned and maintained by the City, or any sewerage facilities acquired or constructed by such agency, excluding building sewers and side sewers. 52) "Public Works Discharge Policy"means the policy and procedures defining the acceptable and unacceptable limits and concentrations of gases, liquids and or solids allowed to be discharged into the public sewer system and corrective action required for the removal of unacceptable gases, liquids and or solids. 53) "Sanitary Sewer"means a public sewer intended to carry domestic wastewater from homes and businesses,which does not by design or intention convey infiltration,storm inflow or other runoff water. 54) "Sewage" means liquid and solid waste material that passes through or is discharged from building sewers and outlets of buildings. 55) "Sewage Treatment Plant" means an arrangement of devices, structures and equipment for treating domestic waste. This term is synonymous with wastewater treatment plant, POTW and treatment works. 56) "Sewer" means a pipe or conduit for carrying wastewater. 57) "Side Sewer" means a sanitary sewer pipe located on a public right-of-way and connecting the building sewer to the collection system and maintained by the connecting building sewer owner. 58) "Significant Industrial User" means: a) A User subject to Categorical Pre-treatment Standards; or b) A User that: 13A.52 - 9 (1) Discharges an average of 25,000 gpd or more of process wastewater to the POTW(excluding sanitary,non-contact cooling,and boiler blow-down wastewater);or (2) Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (3) Is designated as such by the Department of Ecology 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 pre-treatment standard or requirement. C) Upon a finding that a User meeting the criteria in Subsection(2)has no reasonable potential for adversely affecting the POTW's operation or for violating any applicable pre-treatment standard or requirement, the Department of Ecology may at any time, on its own initiative or in response to a petition received from a User or the City and in accordance with procedures in 40 CFR 403.8(f)(6)determine that such User should not be considered a Significant Industrial User. 59) "Significant Noncompliance"(SNC)means a violation or pattern of violations of this Policy. 60) "Slug" means any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds, for any period of duration longer than fifteen minutes, more than five times the average twenty-four hour concentration or flow during normal operation. 61) "Storm Inflow" means the water discharged into a public sewer system, including side sewers from such sources as,but not limited to,downspouts,cellar,yard and area drains,footage drains,cooling water discharges,drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers,catch basins, natural outlets,watercourses,storm waters,surface runoff, street wash waters,or drainage. Storm inflow does not include, and is distinguished from, infiltration. 62) "Suspended Solids" mean solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by filtering the liquid,and include matter which,upon dilution with water,sewage or wastewater,results in the formation of suspended solids. 63) "Toxic Pollutant"means one or a combination ofthe pollutants listed as toxic in regulations promulgated by EPA under Section 307(33 U.S.C. 1317)of the Act. 64) "Treatment Plant Effluent"means the discharge from the POTW. 13A.52 - 10 i I 65) "Unpolluted Water"means water in its natural state,unpolluted precipitation runoff, surface water, groundwater, or water which, after use for any purpose, is not substantially changed in quality as defined and regulated by authorized sanitarians, the Department of Social and Health Services, the Department of Ecology, and the Environmental Protection Agency. 66) "Upset" means an exceptional incident in which there is an unintentional temporary non-compliance with applicable pretreatment standards because of factors beyond the reasonable control of the User. An upset does not include non-compliance to the extent caused by the operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. 67) "User Rate Charge" means the rate determined by Section 13.40. 68) "Wastewater" is a comprehensive term which includes domestic waste, properly shredded garbage,industrial waste,sewage,polluted storm or precipitation runoff, and other polluted waters. 69) "Watercourse"means a channel in which a natural flow of water occurs or has occurred either continuously or intermittently. B) Abbreviations: ASPP - Accidental Spill Prevention Program AKART - All known, available, and reasonable means of prevention, control, and treatment BOD - Biochemical Oxygen Demand CFR - Code of Federal Regulation COD - Chemical Oxygen Demand EPA - U.S. Environmental Protection Agency FOG - Fats oils and grease gpd - gallons per day 1 - liter LEL - Lower Explosive Limit mg - milligrams mg/l - milligrams per liter NPDES - the National Pollutant Discharge Elimination System as defined under Section 402 of the Clean Water Act. O&M - Operation and Maintenance POTW - Publicly Owned Treatment Works RCRA - Resource Conservation and Recovery Act(42 U.S.C.6901,et seq.) SIC - Standard Industrial Classifications SIU - Significant Industrial User SWDA - Solid Waste Disposal Act (42 U.S.C. 6901, et seq.) 13A.52 - 11 TSS - Total Suspended Solids USC - United States Code USE OF PUBLIC SEWER REQUIRED 13A.52.020 DEPOSIT OF REFUSE ON GROUND. It is unlawful for any person to place, deposit,or permit to be deposited in an unsanitary manner upon public or private property within the City,or in any area under the jurisdiction of the City,any human or animal excrement, garbage,or other objectionable waste. 13A.52.030 DISCHARGE OF UNTREATED SEWAGE. It is unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and approved by the City. 13A.52.040 SEPTIC TANKS AND CESSPOOLS. Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used, for the disposal of sewage within the City, unless the public sewer system is inaccessible as defined in section 13A.52.050 of this chapter and a waiver is authorized in accordance to 16.06.03. 13A.52.050 REQUIRED CONNECTION WITH SEWERS. The owner of all new construction houses,buildings or properties used for human occupancy,employment,recreation,or other purpose, situated within the City are required at their expense to connect to the proper public sewer in accordance with the provisions of this Chapter,provided that the public sewer is within two hundred feet of the property line and in accordance to Chapter 16.06.and Chapter 16.08. PRIVATE DISPOSAL SYSTEM 13A.52.060 CONNECTION- WHEN REQUIRED. A connection is required unless a public sanitary sewer is not available under the provisions of Section 13A.52.050,the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Chapter and a waiver approved in accordance to 16.06.030. 13A.52.070 PERMIT REQUIRED - APPLICATION - FEE. Before issuance of a City building permit and commencement of construction of a private sewage disposal system,the owner shall,first,obtain a waiver from the City and obtain a permit signed by an authorized employee of the Benton-Franklin Health Department. The city permit shall not be issued until: A) The plans, specifications and other information have been reviewed by the Benton Franklin Health Department and Building Inspector and found to be satisfactory from a technical and public health standpoint and comply with all applicable rules and regulations. The City shall not issue a building permit for any structure served by a private disposal system until the Building Inspector is supplied with a copy of the waiver and permit indicating the Health Department's approval of the private sewer disposal system design. 13A.52- 12 B) The system shall be designed to allow for the future connection to a city sanitary sewer pipeline. 13A.52.080 CONNECTION WITH SEWER WHEN AVAILABLE. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 13A.52.050,and any sewer waiver requirements,the direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material to Benton-Franklin Health Department requirements. 13A.52.090 OPERATION AND MAINTENANCE.The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the City. 13A.52.100 ADDITIONAL REQUIREMENTS. No statement contained in Sections I3A.52.Of>0— I3A.52.090 shall be construed to interfere with any additional requirements that may be imposed by the health officer. BUILDING SEWERS, SIDE SEWERS AND CONNECTIONS 13A.52.110 PERMIT REQUIRED. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Director and paying the fees and charges in accordance to section 3.07. All connections shall meet subsequent sections of this chapter. 13A.52.120 CLASSIFICATION OF PERMIT - FEES. There shall be two classes of building sewer and side sewer permits: A) For residential and commercial service. B) For service to establishments producing industrial wastes.In either case,the owner or his agent shall make application on a special form furnished by the City. The permit and inspection fee shall be paid to the City at the time the application is filed. Any street cuts required to be pursuant to permit provided in 12.24.070. 13A.52.130 EXPENSE - CITY INDEMNITY. All costs and expense incident to the installation, connection and inspection of the building sewer and side sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer and or side sewer. 13A.52.140 SEPARATE SEWERS REQUIRED - EXCEPTION. A separate and independent building sewer and side sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer and side sewer from the front building may be extended to the rear building and the whole considered as one building sewer and side sewer. 13A.52 - 13 13A.52.150 OLD SEWERS-INSPECTION. Where anew or converted building or new installation replaces an old one,the use of an existing side sewer will be permitted when approved by the Director as conforming to all requirements of this chapter or otherwise conforms to the requirements of the International Building Code, the International Plumbing Code, Departments Standard Specifications and standards,or other applicable standard rules and regulations ofthe City. 13A.52.160 SPECIFICATIONS. The building and side sewer shall conform to City ordinances,comprehensive sewerage plans,codes,and adopted standards,plans and specifications including but not limited to the International Building Code,the International Plumbing Code,the facilities plan,as amended. All plumbing work connecting directly or indirectly to the public sewer system shall be inspected by the City and conform to all standards established in this subsection regardless of whether such work is being performed within or outside of the city limits.If installed in filled or unstable ground,the building sewer and side sewer shall be of cast iron soil pipe,except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the Director. 13A.52.170 RV DUMPS. No commercial RV dumps will be allowed. Residential RV dumps will be allowed for one residential RV owned by the resident,through a cleanout installed in the homeowner's side service not to be located in front of the house. All joints and connections shall be made gastight and watertight.All expanses incurred in the installation of any cleanout will be the responsibility of the owner. 13A.52.180 CONNECTION WITH PUBLIC SEWER. The connection of the building sewer and side sewer into the public sewer shall be made at a location specified by the Director.If no existing connection is available the owner shall at his expense install a connection to the public sewer at the location specified by the Director. A saddle and forty-five degree ell may be used to make such connection in accordance to the Departments standards and specifications with the spigot end cut so as not to extend past the inner surface of at least a forty-five degree angle from the top of the public sewer when the public sewer is no greater than twelve feet deep when measured to the top of the pipe. For connections to the sewer pipe when the distance measured to the top of the pipe exceeds twelve feet the connection shall be made on the top of the pipe.A smooth,neat joint shall be made,and the connection made secure and watertight by encasement in concrete and extend two feet from the public sewer before any change in direction is made. Special fittings may be used for the connection only when approved by the Director. PUBLIC SEWERS 13A.52.190 DISCHARGE-APPROVAL REQUIRED.No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer without approval by the Director. 13A.52 - 14 13A.52.200 STORM WATERS.Storm water,well water and all other unpolluted drainage shall be contained on the property and not disposed into the city sewer system without permission from the Director and in accordance to 13.60. A) Prohibited Discharges to Storm Sewers or Natural Outlets.The discharge of garbage, shredded or unshredded, industrial wastes, sewage, or wastewater shall not be allowed in storm sewers drywells, infiltration trenches or natural outlets. B) Industrial cooling water or unpolluted process waters may be discharged upon approval of the Director to a storm sewer, sanitary sewer or natural outlet. 13A.52.210 PROHIBITED DISCHARGE OF WASTE MATERIAL.Except as hereinafter provided,no person shall discharge or cause to be discharged any waste or wastewater containing any amount of gases,vapors, liquids or solids to the public sewer system which in itself or with a combination of other gases,vapors,liquids or solids could cause interference with the natural flow of wastewater within the sewer collection system,cause degradation of,or interfere with the operations of the POTW, or into any natural outlet. 13A.52.220 SPECIFIC PROHIBITIONS FOR DISCHARGE.No User shall introduce or cause to be introduced into the POTW or natural outlet: A) Artesian well water, roof runoff, subsurface drainage,groundwater,pool drainage, condensate, deionized water, or non-contact cooling water, and unpolluted industrial wastewater without prior written approval from the Director or other regulatory agencies whose approval is required by law. B) Pollutants in any form solid, liquid or gaseous which alone or by interaction may create a fire or explosive hazard in the POTW and/or Wastewater Collection System including,but not limited to, wastestreams with a closed-cup flash point of less than 140° F (60° C) using test methods specified in 40 CFR 261.21, (40 CFR 403.5(b)(1)), or are capable or creating a public nuisance (WAC 173-216-060(2)(b)(ii). This includes wastestreams sufficient to create a public nuisance or a hazard to life,or to prevent entry into the sewers for maintenance or repair.At no time shall the wastestream cause two(2)successive readings on an explosive meter to be more than five percent(5 0/6)nor any single reading over ten percent(10%)of the lower explosive limit(LEL)ofthe meter at any point in the collection system or treatment works.This includes,but is not limited to, gasoline,fuel oil,kerosene,naphtha,ethers,alcohols,carbides,and any other substances,which are hazardous to the POTW. C) Solid or viscous substances in quantities or of a size that they will or may cause reduction of the effective cross-sectional area of a sewer,or the interference with the operation of the POTW, including, but not limited to, ashes, bones, rocks, gravel, cement, tile, marble dusts, ceramics,roots,cinders,sand,dirt,mud,silt,straw,shavings,metal,bark,cloth,tires,boots,hoses, glass, glass grinding or polishing wastes,rags, feathers,animal guts or tissues, spent grains, spent hops,spent grapes,spent lime,glue,oil, tar asphalt residues,grass clippings,residues from refining or processing of fuel or lubricating oil,bottles, grease, toys, combs,wood, whole blood, plastics, 13A.52- 15 paunch manure,cosmetics,hair and fleshings,entrails,paper dishes,paper bags,milk containers and any garbage or putrescible material that has not been properly shredded. In no case may organic or inorganic matter greater than one-fourth(.25/'/4)inch in any dimension be discharged to the POTW. D) Any wastewater having a pH of less than 5.5 or higher than 9.0,or having any other corrosive property capable of causing damage or hazard to structures,equipment,or personnel of the system. E) Any wastewater having a BOD of more than three hundred(300)mg/i. F) Any substance,which may now or in the future cause the POTW effluent or treatment residues, sludges, or scum's, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance be discharged to the POTW that will cause the POTW to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; or with any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act,42 U.S.C.7401 et seq., as now or as it may be amended,the Toxic Substances Control Act(TSCA), 15 U.S.C.2601 et seq., as now or as may be amended, or similar state statutes or regulations applicable to the sludge management method being used. G) Any substance, which will cause the POTW to violate its NPDES and/or other disposal system,permits. H) Any wastewater which imparts color which cannot be removed by the treatment process,such as,but not limited to,dye wastes and vegetable tanning solutions,which consequently imparts color to the treatment plant's effluent thereby violating the City's NPDES permit. Color, alone or 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 ten percent(10%)from the seasonable established norm for aquatic life. 1) Any wastewater with a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference;but in no case,wastewater with a temperature at the introduction into the POTW which is greater than forty degrees Centigrade (40°C, 104°F). J) Any slug load of a pollutant or pollutant released in a single extraordinary discharge episode of such volume or strength as to cause a violation of this Policy,including,but not limited to,the following:interference to the POTW,or flow rate exceeding the permitted peak flow,or ten percent(10%)of the capacity of the available trunk sewer,which ever is greater. K) Any trucked or hauled waste, without prior written approval from the Director. Written approval shall be required for each discharge event. L) Any dangerous or hazardous wastes as defined in Chapter 173-303 WAC. As amended,except as allowed in compliance with that regulation;(WAC 173-216-060(1)and 40 CFR Part 261. 13A.52 - 16 M) Any discharge containing radioactive wastes or isotopes except as specifically approved by the Director in compliance with applicable State or Federal regulations including WAC 246-221-190"Disposal by Release into Sanitary Sewerage Systems",and meeting the concentration limits of WAC246-221-290 Appendix A,Table 1,Column 2;and WAC 246-221-300 Appendix B. N) Any sludge's,screenings,or other residues from the pre-treatment of industrial wastes or from industrial processes. O) Any medical wastes, except as specifically authorized by the Director. P) Any detergents, surface-active agents, or other substances in amounts which may cause excessive foaming in the POTW. Q) Persistent pesticides and/or pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA). R) Any wastewater, which in the opinion of the Director can cause harm either to the sewers, sewage treatment process, or equipment;have an adverse effect on the receiving stream;or can otherwise endanger life, limb,public property, or constitute a nuisance,unless allowed under a legal and binding agreement by the Director(except that no waiver may be given to any categorical pretreatment standard). 13A.52.203 LIMITATIONS ON WASTEWATER STRENGTH Limitations on the wastewater strength shall be in accordance with: A) National categorical pretreatment standards as adopted and hereafter amended or modified by the U.S. Environmental Protection Agency(EPA)pursuant to the Act shall be met by all dischargers of the regulated industrial categories.The national categorical standards found at 40 CFR Chapter I, subchapter N, parts 405 through 471 are hereby incorporated. B) State requirements and limitations on dischargers to the POTW shall be met by all dischargers,which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in the Policy, or any other applicable ordinance. C) The City of Pasco may from time to time make amendments to provide more stringent limitations or requirements on dischargers to the POTW if such amendments are deemed necessary.. The City may impose mass limitations on Users on a case by case basis where necessary, to be consistent with federal categorical pretreatment standards, or under circumstances where concentration limits are impractical to apply. D) Dilution. No User shall ever increase the use of water, nor combine separate waste streams,or in any way attempt to dilute a discharge,as a partial or complete substitute for adequate treatment to achieve compliance with an applicable standard or requirement unless expressly authorized by the Director or an applicable pretreatment standard or requirement. The Director may 13A.52 - 17 request the Department of Ecology to impose mass limitations on Users which he/she believes may be using dilution to meet applicable pretreatment standards or requirements,or in other cases when the imposition of mass limitations is appropriate. 13A.52.240 GREASE,OIL AND SAND TRAPS. Grease Traps other then those required in Title 16 shall be installed by Users as required by the Director. Grease traps shall be installed at the User's expense, when such User creates large amounts of FOG, operates of Cooking Establishment(i.e.restaurant,eateries).Additional grease traps may be required to be installed at the owners expense in other commercial (i.e. apartments) or industrial establishments when they are deemed necessary by the Director for the proper handling of FOG or liquid wastes containing Grease.All Grease traps shall be of a type,design,and capacity approved by the Director and shall be readily and easily accessible for cleaning and inspection.Any overflow or failure of the sanitary sewer collection system to convey sewage which can be attributed in part or in whole to an accumulation of Grease in the City's sewer main(s), the City of Pasco will take appropriate enforcement actions(Sewer Use and Installation Ordinance),against the generator or contributor of such grease. 13A.52.250 MAINTENANCE OF GREASE,OIL,AND SAND TRAPS. Where installed, all grease, oil and sand traps shall be maintained by the owner, at his expense, in continuously efficient operation at all times and subject to inspection as required in Title 16 or by the Director.In the event the owner fails to properly maintain the grease trap,which in the opinion of the Director causes clogging of the sewer lines and/or pump stations,the cost of the city,time and material, in cleaning the sewer lines and/or pump stations shall be charged to the owner of the grease trap.For the purpose of this paragraph,the owner shall be the person,firm or corporation named on the sewer account. Any costs not paid by the owner within 30 days from the date of the billing shall be added to and become part of the sewer bill and shall become a lien against the real property. 13A.52.260 RECORDKEEPING FOR GREASE, OIL AND SAND TRAPS. The User shall maintain a written record of trap maintenance for three (3) years. All such records will be available for inspection by the City of Pasco. 13A.52.270 PRELIMINARY TREATMENT BY OWNER.The admission into the public sewers of any waters or wastes having the potential to cause interference with the natural flow of wastewater within the sewer collection system,cause degradation of,or interfere with the operations of the POTW shall meet the requirements as described in this chapter(13.52). Plans,specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for review and the approval of the Director and of the Department of Ecology of the State of Washington and no construction of such facilities shall be commenced until the approvals are obtained in writing. 13A.52.280 PERMIT REQUIRED. The owner and the occupant of every premises which, has a permanently installed pretreatment system or which uses on the premises a domestic or industrial collection/treatment system, must obtain a discharge permit and otherwise meet the requirements of the Department of Ecology and will be required to complete an Industrial Users Survey form.A certificate of approval will be issued by the City only if the system is in compliance 13A.52 - 18 with this policy. Significant Industrial Users,as determined by the City,shall file an application for a State Waste Discharge Permit with the Department of Ecology 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 submit a current copy to the Director. 13A.52.290 MAINTENANCE OF PRETREATMENT EQUIPMENT AND FACILITIES. All pretreatment equipment and facilities shall be maintained, properly operated, and modified as necessary to perform the task they were designed for at the User's expense. Modification may include, but is not limited to: A) Restriction of discharge during peak flow periods. B) Designating certain wastewater be discharged only into specific sewers. C) Requiring relocation and/or consolidation of discharge points. D) Separation of sewage wastestreams from industrial wastestreams. E) Installation of automated sample collection equipment. F) Installation of additional manholes. G) Installation of remote sensors, monitors, samplers and meters. 13A.52.300 ACCEPTABLE TYPES OF PRETREATMENT FACILITIES The type of pretreatment facilities shall be of a type engineered and designed by a licensed engineer for the specific wastestream of the User. Such facilities shall be designed to achieve compliance with all applicable Pretreatment Standards and Requirements within the time limitations specified by the EPA or the State.Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Department of Ecology for review and approval in accordance with the procedures of Chapter 173-240 WAC, and shall be disclosed to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the User from the responsibility of modifying its facility as necessary to produce a discharge acceptable to the City and/or the Department of Ecology and meet discharge limitations under the provisions of this chapter or any pretreatment permit used by the Department of Ecology. 13A.52.310 LOCATION OF FACILITIES Pretreatment facilities approved for installation shall be installed within the property lines and at a location that is readily accessible and otherwise meets the approval of the Director. 13A.52.320 INSTALLATION OF FACILITIES The property owner shall procure, install, operate, and maintain, at the User's expense, approved pretreatment facilities. i 13A.52- 19 A) Users shall comply with approved Engineering Reports,Plans and Specification,and Operations and Maintenance Manuals, and shall modify such documents to reflect any proposed modifications of industrial wastewater (pretreatment) facilities. B) Users shall submit proposals to modify pretreatment facilities to the Department of Ecology before implementation in accordance with Chapter 173-240 WAC.A copy of such revised plans and the Department of Ecology's acceptance shall be submitted to the Director before implementation of any changes to the approved pretreatment facility. C) The Department of Ecology and/or Director may audit the compliance of any User, and require changes in operating procedures deemed necessary by the Department of Ecology and/or Director to ensure continued compliance with applicable pretreatment standards and requirements. 13A.52.330 INSTALLATION SCHEDULE For new and existing users: A) New Users shall complete the installation of pretreatment facilities prior to the discharge of any waste into the POTW. B) Existing Users shall submit Engineering Reports, Plans and Specifications with an installation/operational date acceptable to the Department of Ecology and the Director within thirty (30) days of notification. 13A.52.340 PRETREATMENT WASTE DISPOSAL All waste,such as,but not limited to, solid, liquid, gaseous, human, animal, residential, commercial, industrial, construction, toxic and/or non-toxic shall be disposed of in a manner that is acceptable according to its classification, City, State and/or Federal regulatory requirements. 13A.52.350 PRETREATMENT ACCIDENTAL SPILL CONTAINMENT PROGRAM All non-residential Users shall install and implement an Accidental Spill Containment Program acceptable to the Department of Ecology, OSHA, Fire, and County Health Office to prevent the discharge into the POTW. The Accidental Spill Containment Program shall contain the following elements: A) Element 1: A description of all wastewater discharge practices,including non-routine batch discharges. B) Element 2: A description (MSDS) of any and all stored chemicals. C) Element 3: Written procedures for immediate verbal notification to the POTW Operations Center of any accidental or slugload discharges, with procedures for follow-up written notification within five (5) days. Notification shall include: 1) Location of the discharge. 13A.52 -20 2) Date and time of the spill/discharge. 3) Type of waste or chemical (MSDS). 4) The concentration and volume of the spill/discharge. 5) The corrective actions taken. D) Element 4: Procedures to prevent adverse impact from any accidental or slugload discharge, including, but not limited to, inspection and maintenance of chemical storage areas, handling and transfer of materials,loading and unloading operations,control runoff,worker training, construction of containment structures or equipment, and measures for emergency response. 13A.52.360 PRETREATMENT RECORDS REQUIRED Users subject to this chapter shall retain and make readily available for inspection and copying, all records of information maintained to comply with this Policy, State and Federal requirements. Trade secrets or processing procedures are not exempt. Such information shall be clearly marked"confidential"on all areas of correspondence they wish to be held confidential from the public. No correspondence claimed as "confidential" will be withheld from any State or Federal agency responsible for oversight of pretreatment programs. Users subject to monitoring requirements shall keep records of all monitoring activities whether required or voluntary. In all cases, records such as, but not limited to: A) Permits. B) Engineering. C) Type of facility. D) Operation procedures. E) Date of installation. F) Name as well as address and telephone contact number of installer. G) Maintenance procedures. H) Date of maintenance and repair. I) Name of person(s) completing the maintenance and/or repair. J) Facility failures and reason for failure. K) Discharge data including minimum and maximum flow. 13A.52 - 21 L) Sampling location, date, time. M) Lab analyses and the dates of the analyses. N) Who performed the analyses. O) The analytical techniques or methods used. P) Treatment and changes in treatment. Q) Other records that may be specified by the City or other regulatory agencies. These records and any other required records shall remain available for a period of not less than three(3)years.This period shall be automatically extended for the duration of any investigation or litigation concerning the POTW or at such time that the Director may determine in the future. 13A.52.370 INDUSTRIAL WASTES-MANHOLES.When required by the Director,the owner of any property served by a side sewer carrying industrial,or other wastes as described in this chapter shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of wastes. Such manhole,when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the owner at his/her expense, and shall be maintained by the owner so as to be safe and accessible at all times. 13A.52.380 TESTING METHODS AND RESPONSIBILITY.All measurements,tests and analyses of the characteristics of waters and waste to which reference is made in Section 13A.52.210 and 13A.52.270 of this chapter, shall be determined in accordance with the standards prescribed by the latest edition of"Standard Methods for the Examination of Water and Wastewater,"prepared and published jointly by the American Public Health Association, the American Waterworks Association,and the Water Environment Federation,and shall be determined at the control manhole provided for in Section 13A.52.370, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required,the control manhole shall be considered to be the nearest downstream manhole in the public sewer system to the point at which the building sewer is connected. It will be the responsibility of the owner at their expense to pay for testing of samples. Sampling shall be carried out by customarily accepted methods to determine the existence of hazards to public health and welfare. 13A.52.390 SPECIAL ARRANGEMENTS CONCERNING INDUSTRIAL WASTES.No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore by the industrial concern. 13A.52 - 22 RIGHT OF ENTRY 13A.52.400 POWERS AND AUTHORITY OF INSPECTORS. A) The Director or other duly authorized employees of the City, bearing proper credentials and identification, may, whenever necessary to make inspection, observation, measurement, collection of samples, testing, monitoring of equipment, meter installation, maintenance and reading, or making repairs or improvements to the POTW, or whenever there is reasonable cause to believe that there exists a violation of this Chapter,may enter upon the premises or the building at all reasonable times to perform the duties imposed under this Chapter provided that if such building or premises be occupied, proper credentials shall first be presented and entry requested;and if such building or premises be unoccupied,the official shall first make a reasonable effort to locate the owner or persons having charge or control of the building or private premises and request entry. If such entry is refused, the Director, or the duly authorized employee, shall have recourse to every remedy provided by law to secure entry. B) Where a commercial or industrial discharger has security measures in force which require proper identification and clearance before entry into its premises, the commercial or industrial discharger shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the City, State, and the Washington State Department of Ecology will be permitted to enter without delay,for the purpose of performing their specific responsibilities. C) It shall be unlawful for any person to prevent or attempt to prevent the Director,or his representative,or duly authorized State officer from the performance of their duties,by unlawfully barring entry or physically interfering with said employees of performance of his duties. VIOLATIONS 13A.52.410 TAMPERING WITH SEWERS. No person without written authorization from the Director,shall willfully or negligently break,damage,destroy,uncover,enter,deface,alter or connect to any structure, appurtenance, or equipment which is a part of the POTW. 13A.52.420 PENALTY FOR VIOLATION. Every person who violates any of the provisions of this Chapter,shall be guilty of a gross misdemeanor subject to the penalties provided in Section 1.01.130 of this Code. Each day that the violation continues shall be deemed a separate violation subject to a maximum penalty imposed by law. 13A.52.430 ALTERNATIVE REMEDY-NOTICE AND ABATEMENT. A) As an alternative remedy to that provided in Section 13A.52.420 above, any person found to be violating any provision of Sections 13A.52.270 and 13A.52.360 of this Chapter or other violations which in the determination of the Director do not constitute an immediate threat to safety or integrity of the sewer system,may be served by the City with written notice stating the nature of the violation and demand for abatement. Within ten (10) days of the receipt of this notice, an 13A.52-23 acknowledgement of the violation and a written plan for the satisfactory correction and prevention thereof,to include specific required actions,shall be submitted to the Director. Submission of this plan in no way relieves the violator of liability for any violations occurring before or after receipt of the notice of violation. B) A Notice of Civil Infraction may be issued pursuant to Chapter 11.02 of this Code to any person failing to respond within the specified time above or failing to make the corrections identified in the notice or in the written plan for compliance. Hearing on the notice of civil infraction shall be heard before the Pasco Code Enforcement Board as provided in Chapter 11.02 of this Code. C) The provisions of this section are not exclusive and may be used in addition to other enforcement provisions authorized by this Code except as may be precluded by law. Nothing herein shall be construed to supersede any State regulation affecting the subject matter of this Chapter,nor limit or assume the responsibilities of any State agency including the Washington State Department of Ecology having jurisdiction over the subject matter of this Chapter. 13A.52.440 CIVIL LIABILITY.Any person violating any of the provisions of this Chapter shall become liable to the City for all expenses incurred by the City for the maintenance and/or repair of the collection system and all damages,including consequential damages and penalties imposed due to the violation of the City's NPDES permit as a result of such violation. OTHER REMEDIES 13A.52.450 REPAIR AND CLEANING OF PRIVATE SEWER PIPE. Whenever any private sewer pipe connected with any public sewer becomes obstructed,broken or out of order,and the Director has deemed it a public health or safety hazard and the owner,agent or occupant of such premises fails to repair the same after five days' from being notified to do so. The Director shall cause such sewer pipe to be removed, reconstructed, replaced, altered or cleaned, as he/she may deem expedient,at the expense of the owner,agent or occupant of such premises and the cost thereof shall constitute a lien against the premises and shall be collected in the manner as provided in Section 13.48.010. Section 3. SEVERABILITY. If any section,subsection,paragraph,sentence,clause or phrase of this Chapter or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Chapter or its application to any other person or situation. Section 4. This Ordinance shall take full force and effect five(5)days after its approval, passage and publication required by law. I 13A.52 - 24 PASSED by the City Council of the City of Pasco,Washington and approved as provided by law this 6th day of December, 2004. Michael L. GraInson Mayor ATTEST: APPROVED AS TO FORM: Qn�;rll,14 Sandy L. nworthy Leland B. Kerr Deputy City Clerk City Attorney 13A.52 - 25