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HomeMy WebLinkAboutAgenda Packet 02/09/2010UTILITY ADVISORY COMMITTEE Jack Pittis Conference Room Port Angeles, WA 98362 February 9, 2010 I. Call To Order II. Roll Call III. Approval Of Minutes For January 12, 2010 IV. Late Items V. Discussion Items A. Shared Resource Conservation Manager Interlocal Agreement VI. Information Only Items A. Network Needs Assessment and Public Safety Considerations Update B. Sea Breeze Power Corporation VII. Next Meeting Date: March 9, 2010 VIII. Adjournment N: \uac \fianl \020910 B. Industrial Wastewater Pretreatment Program Ordinance Amendments C. Western Public Agencies Group Consulting Services Agreement D. Utility Advisory Committee Project Participation E. Utility Advisory Committee Membership UTILITY ADVISORY COMMITTEE PRINT NAME k,1 (5 1' L f Gv.a® Y 010 r C e i t V e ScA, ,)Mild N: \PWKS \LIGHT \CONS \CATE \SIGNUP wpd GUEST SIGN UP SHEET ORGANIZATION G VC v r t zc* 07y// /g %C E/1 V 7 06,414 J c 1 GkiVt NrtlE,u-tisi I. Glenn Cutler, Director of Public Works and Utilities called the meeting to order at 3:00 p.m. II. Roll Call Councilmembers Present: Councilmembers Absent: Utility Advisory Committee Members Present: Staff Present: Others Present: Call To Order City Council Special Meeting/Utility Advisory Committee Public Works Conference Room Port Angeles, WA 98362 January 12, 2010 3:00 p.m. Cody Blevins Citizen Tom Callis Peninsula Daily News III. Nomination And Election Of Officers Mayor Di Guilio, Max Mania, Brooke Nelson Cherie Kidd, Pat Downey, Don Perry Paul Elliott, Orville Campbell Kent Myers, Bill Bloor, Glenn Cutler, Yvonne Ziomkowski, Larry Dunbar, Steve Sperr, Phil Lusk, Terry Dahlquist, Cate Rinehart Orville Campbell moved to nominate Mayor Di Guilio as Chairman. Paul Elliott seconded the motion, which carried unanimously. Paul Elliott moved to nominate Orville Campbell as Vice Chairman. Councilmember Mania seconded the motion, which carried unanimously. IV. Approval Of Minutes Chairman Di Guilio asked if there were any corrections to the minutes of December 8, 2009. Chairman Di Guilio moved to approve the minutes. Paul Elliott seconded the motion, which carried unanimously. Orville Campbell abstained due to absence. V. Late Items: None VI. Discussion Items: A. Electric Utility Service Fee Ordinance Amendments Terry Dahlquist, Electrical Engineering Manager, advised that the Municipal Code did not adequately address procedures for refunding electric service fees on cancelled projects and that a $250 cancellation fee per residential lot was proposed. There was a brief discussion. Orville Campbell moved to recommend City Council to conduct a first reading of the proposed amendments to Chapters 3.70 and 13.12 of the Port Angeles Municipal Code and continue the matter to the February 2, 2010 Council Meeting. Councilmember Mania seconded the motion, which carried unanimously. B. Lighting And Conservation Funds Ordinance Amendments Larry Dunbar, Deputy Director of Power Systems, explained that the City is planning to increase its energy conservation programs using Electric Utility funds but some clarifications need to be made to the Municipal Code. There was a brief discussion. Councilmember Nelson moved to recommend City Council conduct a first reading of the proposed amendments to Chapter 3 of the Port Angeles Municipal Code and continue the matter to the February 2, 2010 Council Meeting. C. Energy Northwest Interlocal Agreement Modification No. 1 For The Morse Creek Hydroelectric Project Larry Dunbar, Deputy Director of Power Systems, pointed out that the recent Federal Energy Regulatory Commission license and Ecology 401 Water Quality Certification created additional unfunded mandates including spill prevention containment and control, and stormwater pollution prevention plans. There was a brief discussion. Orville Campbell moved to recommend City Council authorize the Mayor to sign Modification No. 1 to the interlocal Agreement with Energy Northwest in an amount not to exceed $10,945, and authorize the City Manager to make minor modifications to the agreement, if necessary. Councilmember Mania seconded the motion, which carried unanimously. D. Consultant Agreement amendment No. 1 For Advanced Metering Infrastructure Project And Demand Response Grant Program Larry Dunbar, Deputy Director of Power Systems, advised that Staff had negotiated an additional scope of work and pricing for consulting services in support of the Advanced Metering Infrastructure project and the Bonneville Power Administration Demand Response grant program. A discussion followed. Councilmember Mania moved to recommend City Council authorize the City Manager to 1) amend the consulting services agreement with EES Consulting in an additional amount not to exceed $24,900 to assist staff in preparing the Advanced Metering Infrastructure Project Request for Proposals and a proposal that would be submitted to the Bonneville Power Administration under their Demand Response Grant Program, and 2) make minor modifications to the agreement, if necessary. Orville Campbell seconded the motion, which carried unanimously. VII. Information Only Items A. Industrial Water Metering Information only. No discussion or action taken. B. Washington State Hydroelectric Generation Facility Legislation Information only. No discussion or action taken. VIII. Next Meeting Date: February 9, 2010 IV. Adjournment: 4:43 p.m. Dan Di Guilio, Mayor Janessa Hurd, City Clerk Dan Di Guilio, Chairman Cate Rinehart, Admin. Spec. II N \pwks\I fight \cons \cate \j an 12meet J ORT A NGELES W A S H I N G T O N U.S.A., Utility Advisory Committee Memo Date: February 9, 2010 To: Utility Advisory Committee From: Phil Lusk, Power Resources Manager Subject: Shared Resource Conservation Manager Interlocal Agreement Summary: The Shared Resource Conservation Manager Program is a new program created by the Washington State Department of Commerce. The Program's purpose is to assist cities and counties in establishing and implementing long -term energy efficiency strategies. Recommendation: Forward a favorable recommendation to City Council to authorize 1) the Mayor to sign an Interlocal Agreement with Clallam County in an amount not to exceed $43,500, and 2) the City Manager to make minor modifications to the Agreement, if necessary. Background /Analysis: The Shared Resource Conservation Manager (RCM) Program is sponsored by the Washington State Department of Commerce and is administered by Washington State University's (WSU) Extension Energy Program. A RCM is an individual who supports an organization's energy and resource efficiency program. For a limited time, the sponsor is offering a grant of $75,000 per partnership to provide about 40% of the funding for an initial two year period. On behalf of local eligible entities, Clallam County has successfully secured grant funding if the remaining grant condition is met, which is negotiating an interlocal agreement (draft attached) between the partners. The proposed partnership includes the City of Port Angeles, the City of Sequim, Olympic Medical Center, Clallam Transit, and Clallam County as the lead agency. The anticipated cost to be shared by the prospective partners is estimated to be $125,000. Program cost shares are proposed to be allocated on a proportional basis based on the annual electricity consumption at the partner's facilities. The City's cost to participate in the proposed Program is estimated to be $17,400 in the first year, and $26,100 in the second year, all expenses would be paid out of the conservation fund. RCM Program efforts are expected to provide at least a 5% overall savings on utility bills beginning in the first year. The City's electric utility expense for its facilities exceeds $700,000 /year, and a 5% savings would equal $35,000 /year. Staff requests that the Utility Advisory Committee forwards a favorable recommendation to City Council to authorize 1) the Mayor to sign an Interlocal Agreement with Clallam County in an amount not to exceed $43,500, and 2) the City Manager to make minor modifications to the Agreement, if necessary. N. \UAC \Final \Shared RCM Program Interlocal Agreement doc INTERLOCAL AGREEMENT BETWEEN THE CITIES of PORT ANGELES and SEQUIM, OLYMPIC MEDICAL CENTER, CLALLAM TRANSIT and CLALLAM COUNTY for RESOURCE CONSERVATION MANAGEMENT SERVICES This Interlocal Agreement is made and entered into this day of 2010, by and between the City of Port Angeles, Washington, a municipal corporation (hereinafter referred to as "Port Angeles the City of Sequim, Washington, a municipal corporation (hereinafter referred to as "Sequim the Olympic Medical Center, a public hospital district (hereinafter referred to as "OMC Clallam Transit, a public transit agency (hereinafter referred to as "Transit and Clallam County, a sub division of Washington State government (hereinafter referred to as "County the five collectively hereinafter referred to as "the Parties." WHEREAS, the Parties are coordinating their effort to pursue a two -year Resource Conservation Management Grant "Grant from the Washington State Department of Commerce "Commerce which, if received, will be used to start a shared Resource Conservation Management Program "Program to serve all the Parties; and WHEREAS, the Program would study and address how each Party could use and conserve utility resources, particularly electricity, more efficiently thereby reducing utility expenses; and WHEREAS, Washington State University Extension Energy Program "WSU Energy shall provide program and technical support to assist with the Program; and WHEREAS, the County is willing to take the lead in providing administrative oversight of the Program on behalf of all the Parties, and to become the "organization of record" pursuant to the Grant requirements; and WHEREAS, this Interlocal Agreement "Agreement is entered into for the mutual benefit of the Parties; and is specifically authorized by the Interlocal Cooperation Act set forth in Chapter 39.34 of the Revised Code of Washington; INTERLOCAL AGREEMENT —RCM SERVICES Page 1 Now, therefore, for and in consideration of the services to be rendered, resources to be shared, and the payments to be made, the parties hereby recite, covenant and agree as follows: 1. Resource Conservation Manager Position Work Plan. If the Grant is received by the County, on behalf of the Parties, a Resource Conservation Manager "RCM will be contracted or hired as a full -time equivalent "FTE to provide RCM services to the Parties. Prior to advertising for a contractor or an employee, the Parties shall meet to cooperatively prepare a written Job Description and a Two Year Work Plan for the RCM. At a minimum, the Work Plan shall address, and the RCM is expected to implement, the following: Energy Accounting (utilizing software provided under the Grant) for each Party Basic utility efficiency and resource management action plan for each facility owned by each Party Review of resource use and comparison to benchmarks Implementation of no -cost measures and activities, and measurement of results Identification of low -cost measures and activities to be considered by each Party Assistance for the Parties in securing additional grant funding and assisting in securing rebate programs that support relevant energy efficiency projects Participation in technical and software training Report generation of results to all Parties' administrations on a periodic basis Report updates of results and successes to Commerce and WSU Energy 2 Selection of RCM. County will take the lead in contracting with or hiring the individual or firm selected to do the work on behalf of the Parties. If the Parties elect to retain a contractor, County will assemble and advertise a Request for Proposals, with the assistance of WSU Energy. The Parties shall have the option to attend interviews conducted pursuant to the RFP, and may provide opinions to County as to the most qualified contractor or employee. INTERLOCAL AGREEMENT —RCM SERVICES Page 2 (.J II �11 3. Compensation. County will make payments due to the contractor under the RCM contract, or shall pay the FTE's salary if an employee is hired, and shall prepare billing statements for distribution to the Parties. The reimbursement schedule will be established consistent with payment terms set forth in Section 4 of this Agreement. 4. Allocation of RCM time. The RCM shall initially allocate his or her time according to the amount each Party spends on electricity in relation to the other Parties. For example, if the County spends 50% of the sum total of electrical expenses of the five Parties combined, the RCM will spend 50% of his /her time performing RCM services on behalf of the County consistent with the duties outlined in the RCM contract. The following proportions will hold for the first 12 months of the Agreement, and will be reevaluated during the second year of this Agreement and annually thereafter as long as the contract with the RCM remains in place. If operations require or result in a notable change in resource consumption with one or more of the Parties within a given 12 -month period, County can, at the request of any Party or of its own accord, call for a joint reevaluation of the established annual proportion. Adjustments can then be made with the agreement of all Parties. County 16% Sequim 11% OMC 36% Transit 2% Port Angeles 35% 5. Status and Workspace. If desired by the RCM, the County shall make a workspace available, to include a desk, chair, and access to standard office equipment and computer connections. 6. Additional County Responsibilities. As the lead Party, County shall have the following additional responsibilities: Oversee Work Plan implementation, and monitor progress (See 7 below). Represent all Parties in communication with Commerce and WSU Energy. INTERLOCAL AGREEMENT —RCM SERVICES Page 3 A Provide WSU Energy with summarized monthly activity reports, showing activities associated with the Program requirements as stated above. Provide WSU Energy with quarterly reports indicating resource usage and savings, resource expenditure amounts and savings. Provide Commerce with reports as per the anticipated agreement between Commerce and County, acting as lead for Parties. 7. Sunnort and Monitorine of RCM. The Parties shall support and monitor the performance and progress of the RCM in the following ways: Meet at regular intervals to assess RCM progress, which shall not occur on a frequency less than quarterly. Seek support of the City of Port Angeles Light Operations and the Public Utility District #1 of Clallam County energy conservation programs. Each Party must provide the necessary data and application materials to apply for grant or applicable energy conservation rebate funds. Establish a performance evaluation process for the RCM within three months of the execution of this Agreement. Provide access of all owned facilities to RCM. Provide access to RCM of all utility bills, statements, and data. Facilitate meetings between RCM and facilities managers, and RCM and other appropriate staff. 8. Term. This agreement shall only take effect after the Grant is approved, and thereafter shall continue in force and effect for the duration of the two -year grant program. Extension of the terms of this agreement beyond the initial two -year grant period may be effected by written agreement of the parties. 9. Termination. This Agreement shall terminate if a grant is not approved by Commerce within 90 days of its execution. Any Party may terminate its participation in this Interlocal Agreement, or its receipt of RCM services, at any time for any reason by providing at least sixty (60) days advance notice of termination in writing to the other Parties. However, the Party requesting termination must continue to reimburse County pursuant to Section 3 of this Agreement until completion of the INTERLOCAL AGREEMENT —RCM SERVICES Page 4 I C`7 t Grant program unless all remaining Parties agree to new reimbursement responsibilities and amounts resulting from updated proportions. 10. Hold Harmless. Each party to this Agreement shall defend, indemnify and hold each other party, its appointed and elected officers and employees, harmless from claims, actions, injuries, damages, losses or suits including attorney fees, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement to the extent caused by the fault or negligence of the indemnitor, its appointed or elected officials, employees, officers, agents, assigns, volunteers or representatives. 11 Applicable Law and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Clallam County, Washington, or in another venue mutually agreed to. 12 Non Discrimination. Parties shall not discriminate in any manner related to this Agreement on the basis of race, color, national origin, sex, religion, age, marital status or disability in employment or the provision of services. 13. Severabilitv. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of all Parties. 14 Entire Agreement. This Agreement constitutes the entire agreement between the Parties. Any modifications or amendments to this Agreement shall be in writing and shall be signed by each party. 15. Compliance with RCW 39.34.040. Pursuant to RCW 39.34.040, this agreement shall be filed with the Clallam County Auditor or alternatively, listed by subject on the public web site of the Parties hereto or on other electronically retrievable public source. INTERLOCAL AGREEMENT —RCM SERVICES Page 5 L DATED this day of 2010. CITY OF PORT ANGELES CITY OF SEQUIM Dan Di Guilio, Mayor Kenneth Hays, Mayor ATTEST: ATTEST: Janessa Hurd, City Clerk Karen Kuznek- Reese, MMC, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: William E. Bloor, City Attorney Craig A. Ritchie, City Attorney OLYMPIC MEDICAL CENTER CLALLAM TRANSIT Eric Lewis, CEO Terry Weed, General Manager ATTEST: INTERLOCAL AGREEMENT —RCM SERVICES Page 6 Mary E. Bower, CMC, Clerk to the Board, APPROVED AS TO FORM: Craig L. Miller, CTS Legal Counsel Mr BOARD OF CLALLAM COUNTY COMMISSIONERS Howard V. Doherty, Jr., Chair ATTEST: Trish Holden, CMC, Clerk of the Board APPROVED AS TO FORM: INTERLOCAL AGREEMENT —RCM SERVICES Page 7 F NGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: February 9, 2010 To: Utility Advisory Committee From: Kathryn Neal, Engineering Manager Subject: Industrial Wastewater Pretreatment Program Ordinance Amendments Summary: The Wastewater Utility is required by the Washington State Department of Ecology (DOE) to update its industrial pretreatment program to comply with our Industrial National Pollutant Discharge Elimination System (NPDES) permit, and to comply with Environmental Protection Agency standards. In addition to revising the Port Angeles municipal code, the updated program will specifically address the management of septic waste and the accumulation of grease in the sanitary sewer system. Recommendation: Forward a favorable recommendation to City Council to proceed with a public hearing on amendments to the municipal code to update the City's Industrial Wastewater Pretreatment Program consistent with current environmental regulations. Background /Analysis: The City's current industrial wastewater pretreatment ordinance (PAMC 13.06) dates from 1984, with minor revisions in 1990 and 1996. DOE performed an inspection of the wastewater treatment and collection system in 2007 that resulted in several recommendations and requirements, including the need to update the City's industrial wastewater pretreatment program. In June 2008, City Council approved an agreement with G4 Consulting, Inc. to assist in the development of the required program and ordinance revisions. The program update tasks are substantially complete, and DOE has provided preliminary feedback. A presentation will be given to review the requirements of the NPDES permit, the proposed ordinance amendments, and revised local limits to pollutant discharges by industrial users of the wastewater system, and the proposed program implementation. For additional information, a fact sheet is attached. The primary tasks completed by G4 include: Task 1 Calculations to determine the maximum allowable loading to the Wastewater Treatment Plant (WWTP) which will be used to determine local limits for industrial dischargers. Task 2 Evaluate the potential staffing required to develop and maintain the pretreatment program tasks and fats, oils and grease (FOG) program. Task 3 Prepare revisions to the City's industrial wastewater pretreatment ordinance, based on the Washington State Model Pretreatment Ordinance. Industrial Wastewater Pretreatment Program Ordinance Amendments February 9, 2010 Page 2 Task 4 Prepare an update to the City's pretreatment program including procedures and required forms. The updated program will include guidance for minimizing grease accumulation in the sanitary sewer system, and for the management of septic waste that is being hauled directly to the WWTP. Task 5 Develop FOG program. The City has a wastewater collection system problem with FOG, creating pipeline blockages that may cause damage to public and private property, Clean Water Act violations, NPDES permit violations, and public health and safety concerns for the community. The City's proposed program will focus on education, communication, and technical assistance in order to minimize FOG impacts. Wastewater Utility system users who are most impacted by this DOE unfunded mandate for a major Industrial Pretreatment program update are minor industrial users (MIUs). MIUs are defined as industries that have some discharges that could cause elevated levels of metals or toxics in the quarterly pretreatment monitoring conducted at the treatment plant, or that potentially discharge chemicals or dangerous waste to the WWTP (also referred to in the program as the Publicly Owned Treatment Works, or POTW). Under the pretreatment program, the City is responsible to manage the permitting and enforcement of pretreatment regulations associated with these MIUs. The updated program will include a manual of procedures for staff to follow in maintaining compliance with all federal and state requirements, and implementing the City ordinance. The program will also include an update to the enforcement response plan (ERP) that will be acceptable to the city as well as to Ecology. A functional ERP is critical to the successful implementation of the pretreatment program as well as the management of FOG in the collection system. Since November 2009, City staff have held 2 informative workshops with MIUs and one workshop with restaurant owners. In the past year, all MIUs on the City's current list have been contacted and their facilities have been inspected. It is recommended that the Utility Advisory Committee forward a favorable recommendation to City Council to approve revisions to the Port Angeles Municipal Code contained in the Ordinance that will be presented in the first reading and public hearing scheduled for the two City Council meetings in March. Copies of the draft Ordinance Amendments, updating the City's Industrial Wastewater Pretreatment Program consistent with current environmental regulations, will be handed out at the meeting. Attachment: Fact Sheet WASTEWATER PRETREATMENT PROGRAM FACT SHEET GOAL It is the goal of the Wastewater Pretreatment Program to protect the public from harmful substances, protect the process and equipment of the City's Publicly Owned Treatment Works (POTW), and ultimately protect the waters of the State. This will help maintain a cleaner environment, and also extend the life and capacity of the POTW to serve the City's future growth. BACKGROUND: The Environmental Protection Agency (EPA) mandates the implementation of the General Pretreatment Regulations 40 CFR 403 to all businesses that may affect the City's publicly owned treatment works (POTW) by the use of a Wastewater Pretreatment Program. The objective of the City of Port Angeles's Wastewater Pretreatment Program is to protect the community and our POTW from pollutants discharged by certain businesses. These pollutants can cause equipment damage, interference of plant processes, or pass through into the receiving waters like Port Angeles Harbor. The program is implemented by taking samples and testing for several parameters to ensure that each business discharging to the City's POTW remains in compliance with Federal, State, and local effluent limits. Businesses are classified as minor industrial users (MIUs) based on the category of the business, and by characteristics and volume of wastewater being discharged. Typical businesses covered under this program include restaurants, cafes, cafeterias, bars or clubs, hotels, hospitals, school kitchens, bakeries, or other establishments that serve or prepare food where grease may be introduced to the sewer system. Other businesses monitored by the program include, but are not limited to, automotive repair shops, detailing shops, and car /truck washes. If identified as a MIU, the business will be subjected to the Wastewater Pretreatment Program. Port Angeles Municipal Code (PAMC) Chapter 13.06 requires identified users to obtain and comply with a discharge permit. The permit facilitates compliance with wastewater discharge limits set by the Department of Ecology (DOE)- approved analysis of acceptable local limits. The Pretreatment Program defines and explains wastewater discharge limits, and monitors business as needed to assure compliance. FATS, OILS, and GREASE: One parameter of great concern is fats, oils, and grease (FOG). FOG causes tremendous problems for the City's POTW. Heavy concentrations of FOG have the potential to cause back -ups within the collection pipes leading to the flooding of wastewater into homes or businesses. It also interferes with the proper functioning of the POTW. Not only is this an extremely expensive and unpleasant situation, it is also a health hazard. The limit for FOG concentration being discharged into the City's POTW is 100 mg /L, in accordance with PAMC Chapter 13.06. The Wastewater Pretreatment Program strictly enforces this limit when it monitors businesses. Enforcement action is taken in accordance with PAMC Chapter 13.06 when businesses do not meet compliancy after they are warned. In December of 2009, the City approved amendments to the PAMC relating to wastewater rates, fees and charges. These changes include a surcharge assessed to those businesses that discharge FOG above the local limit of 100 mg/L. Violators of this limit may also incur enforcement action leading to possible administrative penalties in accordance with PAMC Chapter 13.06. The Wastewater Pretreatment Program monitors business that serve or prepare food where grease may be introduced to the sewer system. These businesses shall have grease interceptors (grease traps) to prevent the discharge of fat waste, oil or grease. Other businesses monitored by the Pretreatment Program for FOG include, but are not limited to, automotive repair shops, detailing shops, and car /truck washes. Discharges of process water from these facilities must be directed through a grease interceptor prior to discharging into the City's POTW. Potentially flammable wastes, sand or other harmful ingredients are prohibited from being discharged to the POTW. Explosive conditions can result, causing harm to the public and to the POTW. Petroleum products are monitored to prevent spills into the city's POTW and into stormdrains that lead to surface water. The City's Wastewater Utility will evaluate if a grease trap or grease interceptor is required for a particular business per the PAMC. They will also determine the sizing and location of the grease trap or interceptor to be installed. The installation of a grease trap or interceptor does not assure compliance with the FOG limit. The volume of discharge, the type of discharge, any pre -wash cleaning procedures, and frequency of grease trap /interceptor cleaning, vary for each business and have a direct result on the final outcome. The Wastewater Pretreatment Program relies on actual test results to indicate if a business is in compliance with the effluent limits. The City's Wastewater Pretreatment Program initiated a FOG program in 2009. The program focuses on educating the managers of businesses that introduce FOG into the POTW of proper FOG disposal. The program monitors businesses to ensure grease traps or interceptors are being maintained and cleaned on a regular basis. Responsibility will fall on the business owners or managers for maintaining grease traps or interceptors and documenting the cleaning schedule. Documentation must be available at the time of inspections, which will be conducted by the Wastewater Pretreatment Program staff. Cleaning can be done by a rendering company or by the business itself. METALS: Metals are of great concern for the City of Port Angeles. The DOE has reduced the allowable concentration level of metals in the effluent to be discharged to Puget Sound by the City's POTW. Local limits for the metals are being evaluated in order to meet these stringent requirements. The Wastewater Pretreatment Program monitors for metals in businesses such as automotive repair shops, doctor and dental clinics, metal fabricators, printing shops, and photo shops, to name a few. STRONG WASTE: Strong waste is defined as process wastewater having concentration levels greater than 400 mg/L for biochemical oxygen demand (BOD) and/or total suspended solids (TSS). A business identified through testing as discharging strong waste will be subjected to a surcharge on their wastewater utility bill, once ordinance amendments to the PAMC are approved. The surcharge will be based on the concentration of BOD and TSS and the amount of process wastewater discharged. 41- 1 2nd your waistline; they're bad for sewers, too. Sewer overflows and backups can cause health hazards, damage home interiors, and threaten the environment. An increasingly common cause of overflows is sewer pipes blocked by grease. Grease gets into the sewer from household drains as well as from poorly maintained grease traps in restaurants and other businesses. we does the se come from? is know grease as the byproduct of cooking. found in such things as: fats ing oil enmg r and margarine Food scraps IN Baking goods Sauces Dairy products a, grease is washed into the plumbing system, trough the kitchen sink. Grease sticks to the Fsewer pipes (both on your property and eets). Over tune, the grease can build up the entire pipe. ae garbage disposals do not keep grease out imbing system. These units only shred solid into smaller pieces and do not prevent grease rig down the drain. imercial additives, including detergents, that dissolve grease may pass grease down the line problems in other areas. The results can be: El Raw sewage overflowing in your home or your neighbor's home; hi An expensive and unpleasant cleanup that often must be paid for by you, the homeowner; Raw sewage overflowing into parks, yards, and streets; Potential contact with disease causing oigamsms, and An increase in operation and maintenance costs for local sewer departments, which causes higher sewer bills for customers. What we can do to help NYCDEP The easiest way to solve the grease problem and help prevent overflows of raw sewage is to keep this material out of the sewer system in the first place. There are several ways to do this. 1) Never pour grease down sink drains or into toilets. 2) Scrape grease and food scraps from trays, plates, pots, pans, utensils, and grills and cooking surfaces into a can or the trash for disposal (or recycling where available). 3) Do not put grease down garbage disposals. Put baskets /strainers in sink drains to catch food scraps and other solids, and empty the drain baskets strainers into the trash for disposal. 4) Speak with your fi lends and neighbors about the problem of grease in the sewer system and how ro keep it out. Call youi local sewer system authoi ity if you have any questions. Best Maria Mana Chapter 3- Best Management Practices Fats, Oil, a .c• °Rice eti`O 7±:114.45, Manual onidZ4iT Information for ':aurants-DE Business Owners and 'et Angeles, Washington This Best Management Practices (BMP) Manual has been developed from a BMP Manual originally published by the Oregon Association of Clean Water Agencies 1 Fats, Oil, and Grease Best Management Practices Manu 2 Chapter 1 Introduction Chapter 2 Frequently Aske er4 This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington 1 ats, Oil, and Grease 3 rac`t 7 'itions Relating to Discharge of Fats, Oil, and Grease 25 Chapter 5 Grease Trap and Interceptor Maintenance 27 Chapter 3- Best Management Practices to, Chapter 6 Fats, Oil, and Grease Haulers and Recyclers 31 Chapter 7 How Grease Traps and Inte Chapter 8 Grease Trap an Chapter 3- Best Management Practices 1 10 This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington ors Work 33 fiksheets 37 hd Installation Checklists 41 e Product Information for Grease Interceptors 51 Appendix A City of Port Angeles Ordinance No. 13.06.030(B) A-1 3 t Chapter 1 Introduction Fats, oil, and grease also called FOG in the wastewater business- :cariaeegative impacts on wastewater collection and treatment systems. Most wastewater collection system locfcages F, '67traced to FOG. Blockages in the wastewater collection system are serious, causing sewage sills manhole oveiflQws;or sewage backups in homes and businesses. Two types of FOG pollutants are common to wastewafes,y tems. Petraleu'rn -based oil and (non -polar concentrations) occur at businesses using oil and grease; i can usuatiy e identified and regulated by limits municipalities through local and associated pretreatment"permiteonditions. Animal and vegetable -based oil and grease (polar s) are more dTf t ult.to regulate r e o f helarge number of restaurants and fast- food outlets in every community. This manual is written to provide Port Angeles, hen;°'restaurant` and fast food'business managers and owners along with City of Port Angelesstaff informationsaboutanimaljand `egetable -based oil and grease pollution prevention techniques focused'Qi'aheirtusinesees effectiven both reducing maintenance costs for business owners, and preventing teasewdschargesfo the ewer system. Many of the nation's;fast ,,fgo .restaurant chains partic pafe`it$FOG recycling programs. Ensuring that grease trap and grease interce tot's awe "'r "'rl winstalled= `and m*importantly, pro erf maintained is more difficult. This m. anual fo03e011 of grease traps and interceptors, sizing of grease traps and intercepto 'rs:'iri`accord firers Rlumbing Code guidelines, and includes inspection checklists for municipal insaec` 4 Manuareofi Frequently As Questir ris About Fats, Oil, and Grease Best ManagementPracfices°(BMPs) Prohibitions Relating t„;ischarge of Fats, Oil, and Grease Grease Trap and Interceptor Maintenance Fats, Oil, and Grease Haulers and Recyclers How Grease Traps and Interceptors Work Grease Interceptor Sizing Worksheet Compliance Inspection and Installation Checklists Sample Product Information for Grease Interceptors City of Port Angeles Ordinance This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies. r City of Port Angeles, Washington Chapter 3- Best Management Practices Knowledgeable municipal staff, working with business owners, can effectively prevent oil and grease buildup, and associated problems, for both the sewerage agency and the restaurant owner. Chapter 2 Frequently Asked Questi Oil, and Grease Is grease a problem? In the sewage collection and treatment business, the ariswel attention because of its poor solubility in water and its tendac w .M Large amounts of oil and grease in the wasfei ate rcause trouble a collection system pipes. It decreases pipe capacity and, therefore, requires that piping sysfemsb e~eleaxed moreMoft /or some piping to be replaced sooner than otherwise expected. Oil and gi se>;also ha raper= effective freatirient at the wastewater treatment plant. Grease in a warm liquid may <i4fappeariarmful;'= $uµae4iquid cools, the grease or fat congeals and causes nauseous mats on the th_pfsu of setttii;g tanks, diges ersAhd the interior of pipes and other surfaces which may cause a shutdown of wastewater treat t ent units. Problems caused by waste; r&st aural), a d 9t gr s'�f�orn'� "ry staur_anis� e 1ir�grease- producing establishments have served as the basis for ordinancesand regulatiohs„goyeming thetdischarge of grease materials to the sanitary sewer system. This type.ofrc as;#oree Kthe requiremeot:,of the installation of preliminary treatment facilities, commonly known as gre"ase'traps or infeice;" The Citr`Af Pb Angeles adopt eel Ordinance No 13.06.030(B) that regulates the discharge of FOG into the City's sewer systemThe ordinancere quires pretreatment devices in new construction and retrofit of existing facilities as necessary to comp{y:witkt: -tie; it's FOG discharge limit. What is a grease raj and how does it work? A trap is a small reservoir built into the wastewater piping a short distance from the grease producing area. Baffles in the reservoir retain the wastewater long enough for the grease to congeal and rise to the surface. The grease can then be removed and disposed properly. See How Grease Traps and Interceptors Work for a description of how the various components of grease trap function. City of Port Angeles, Washington out Fats, is rES! Grease is singled out for special "agate from the liquid solution. What is a grease interceptor? An interceptor is a vault with a minimum capacity of between 500 and 750 gallons that is located on the exterior of the building. The vault includes a minimum of two compartments, and flow between each compartment is through This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies Chapter 3- Best Management Practices v a 90° fitting designed for grease retention. The capacity of the interceptor provides adequate residence time so that the wastewater has time to cool, allowing any remaining grease not collected by the traps time to congeal and rise to the surface where it accumulates until the interceptor is cleaned. See How Grease Traps and Interceptors Work for a description of how the various components of a grease interceptor function. How do I clean my grease trap? Refer to Maintenance of Grease Traps and Interceptors. Can you recommend a grease interceptor maintenances All grease interceptors should be cleaned at least twice each year, Some $tab/ shmei is will find it necessary to clean their traps more often than twice per month. If the establdifient is requiredkto :cle=an it.too often, the owner should consider installing a larger trap or interceptor. Do I have a grease trap? If the establishment is uncertain whether it has a grease tr staff. Do I need a grease trap? Any establishment that introduces grease or.od i to,the drainage=and sewage system in quantities large enough to cause line blockages or hinder_s_ewage treatmentlisrequired =togn`stalLe grease trap or interceptor. Interceptors are w. usually required for high volume "`restaurants (fullme C.. ,es`alislmen 16 hrs /day and /or serving 500+ meals per day) and larger f e c al' stablishment id Firastotels, hospitals, factories, or school kitchens. Grease traps are requiredwfac "sma r oiui a (fast food `o Mtake -out restaurants with limited menus, minimum dishwashing, and /orminma#seatin- µcapecity) and medium volume (full menu establishments operating 8 to 16 hrs /day and /or seNin fAQ'td.40 iealsiday establfshfrients. Medium volume establishments may be required to install anjnterceptor dependingTupon r t sizyof lei :establishment. Is The (gpm) following' t 6 Total number of Required rate of fixtures connected flow, gpm Grease retention capacity, Ibs C re esthat no grease trap have a capacity less than 20 gallons qir 9 p p Y per minute 9 P e size ofthe trap depends upon the number of fixtures connected to it. The for sizing grease traps: 1 2 3 4 20 25 35 50 This Best Management Practices (BMP) Manual has been developed from a BMP Manual originally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington wstibuld contact the City of Port Angeles 40 50 70 100 Chapter 3- Best Management Practices The size will also depend largely upon the maintenance schedule, If a grease trap or interceptor is not maintained regularly it will not provide the necessary grease removal. The establishment should work out a specific cleaning schedule that is right for the establishment. All grease traps need to have the grease cleaned out periodically and no one likes to do the job. It is a dirty job. Running extremely hot water down the drain only moves the problem down stream. It does not go away. Catch the grease at the source! This is the most economical means to reduce all costs. What if I don't install a grease trap? If the establishment uses grease and oil in food preparation t wiff earentually encounter ir;aintenance problem with a plugged building sewer line. The blockage can create a sewer backup situation d i iti Ately a potential health problem in the establishment. Someone will have. :for removing,the blockage "9 ,problem is in the building sewer line, then the establishment has direct respansiai(i ayrg for the maintenance. If the blockage or restriction is in the public sewer main and it can be provertagthewestablishment is the cause of the blockage, then the establishment may have to pay for:tt a public sewer to obe;rPaintaiped. The City of Port Angeles ordinance gives the City the authority to recover cosfswf4 tep; irswtQtthhe City se re E's tem due to failure to comply with the City requirements. Blocking a sanitary se werlineis also Ayiolation ofi'fi a fe tleral Clean Water Act. h Who determines if I need Na tra mp o�;tn When waste pretreatment ?,is::equirdby,the City o#; QttrAig91'08, pproved grease trap or interceptor shall be installed according to the JPC l e:Ci of Port AWArtiiiibits the discharge of materials that can solidify and create blockages in T the was ewater en systerrtrQj t tment plants. The Health Department makes periodic inspections to see that'iiQThealth pr;obleh exist:_due td iiriprAperly maintained grease interceptors. These rules will be enforced if a problerif"`��Xi; City of Port Angeles, Washington How, can :geti in complia l T* e,es5 ablishmenfshd i[d c©ntact the.CtW Angeles. The establishment will be asked to purchase a permit for t e greas This' ljRl able the=:City of Port Angeles to assist the establishment in cleaning schedules and advise 'tkierrawofaproblemsh4wing up in the wastewater collection system. A grease interceptor permit is required 1 -;,:.r r w regardless :C etfiter the:esfeb(ishment has an existing trap or is installing a new one What are the critera forinspecting grease traps? All food service establistiiients suspected of causing problems to the collection system or treatment facilities will be inspected. In general, grease traps and interceptors should not have more than 1 /4 of the tank depth filled with sediment. If the sediment level exceeds 1/4 of the tank depth, the establishment should be advised to keep an eye on the maintenance schedule. The cleaning frequency may need to be increased. If the sediment level exceeds 1/2 of the tank depth, the establishment should be issued a compliance order to have it cleaned immediately. The establishment should then be required to contact the issuing authority within 30 days to verify that the grease interceptor has been properly cleaned. This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies Chapter 3- Best Management Practices 7 8 Fats, oil, and grease (FOG) can be managed effectively in the food reifir ertipimize adverse impacts on municipal wastewater systems and the environment. Municijalfpfetrealment §faffirdIfood service industry workers have developed Best Management Practices (BMPOtafaitten implementdd#05kmize the adverse impacts of FOG. This chapter summarizes these BMPs0OtWimportant informatioRigkiltifigthe reason for BMPs, the benefit of BMPs to the food service industryn 43ection City of Port ATiOTeistaff to determine if the BMPs are being implemented. Train kitchen staff 8 Post "No Grease" signs 9 Use water temperatures less than 14 10 Use a three-sink dishwashmsystem 11 Recycle wastel0;i5O "Dry wipe" p■6t81:: 12 13 DispO food w Ttecycling:In, togsaltrwaste removal 14 Chapter 3 Best Management Practices: City of Port Angeles, Washington telselrap cleaning and maintenance 15 rease trap 16 91) routinely 17 18 Cover outd6614ge and oil storage containers 19 Locate grease dumpsters and storage containers away from storm drain catch basins 20 Use absorbent pads or other material in storm drain catch basins 21 Use absorbent pads or other material to clean up spilled material 22 Routinely clean kitchen exhaust system filters 23 This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies. Chapter 3- Best Management Practices Train kitchen staff BMP Reason For Benefit to food service establishment Pretreatment inspection tips Post "No Grease" signs BMP Reason For filatures:, sew Benefit to foo establishrJ Pretreatmen tips Reason For Benefit to food service establishment Chapter 3- Best Management Practices These rerrati: interceptorsardeduce the cost of cleaning and disposal. ck: appropriatefocations for "No Grease" signs. The food service establishment will reduce its costs for the energy gas or electric for heating the water. This Best Management Practices (BMP) Manual has been developed from a BMP Manual originally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington Train kitchen staff and other employees about how they can help ensure BMPs are implemented.„ People are more willing to support an`rteffo =if they understand the basis for it. All of the subsequent benefitsof= Bi�IPswili ve a better chance of being imps mented Talk to the esta6,lishr ,pf about the 4r-a♦niri togram that he /she ha lernented, rease sig ns abogeTtaind on the front of dishwashers. Sign se: as_.aMcoastai tferninder for staff working in kitchens. kwilf help minimize grease discharge to the traps and ess than 140° F ter Use water temperatures less than 140° F in all sinks, especially the pre -rinse sink before the mechanical dishwasher. The mechanical dishwasher requires a minimum temperature of 160° F, but the UPC prohibits discharging the dishwasher to grease traps. Temperatures in excess of 140° F will dissolve grease, but the grease can re- congeal or solidify in the sanitary sewer system as the water cools. 9 10 City of Port Angeles, Washington Pretreatment inspection Check boiler or hot water heater discharge temperature. tips Measure the temperature of the hot water being discharged from the closest sink. This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies. Chapter 3- Best Management Practices Use a three-sink dishwashing system BMP Reason For Benefit to food service The food service reduce its costs for the establishment energy— gas or eleeirfeiigigreating the water for the gie'btailibaidishwashrrzfitial(toperating the dishwasher. Pretreatment inspection V1fuTrife::riS Oftli at the three-sink tips syite: Chapter 3- Best Management Practices Use a three-sink dishwashing system, which includes sinks for washing, rinsing, and sanitizing in a,Mtikell)O-pip bleach solution. Water temperatures aretrealah5:140° F. _,44.14tr-rtmt.r, The three-sink system usesi4ptAryipefOtures less than 140° F where a mechanical diShilfaSlieiiiittliire"§,Falainimum temperature of 160°,.Ftiz ..,-.....resic.......---.41.1, ,,,,;,,,,,.....,...........7....,.7„ ,Af4"64,1kr Note: The UPCIProllibits discharge of di"Shwa: demater to -gra grease traps This Best Management Practices (BMP) Manual has been developed from a BMP Manual originally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington 11 Recycle waste cooking oil BMP Reason For 12 Recycle waste cooking oil. There are many waste oil recyclersittaa"eut Washington. This is a cost recovery opportunity7", Benefit to food service The food service establishnfeiiiail Jor the waste establishment material and will reduceOiaanfb ar must pay to r have hauled away. Pretreatment inspection Obtain the naejfrcycIer used. tips City of Port Angeles, Washington This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies Chapter 3- Best Management Practices "Dry wipe" pots, pans, and dishware prior to dishwashing BMP Reason For "Dry wipe" pots, pans, and dishware prior to dishwashing. .mow: The grease and food that remainsir go to the landfill. By "dry wiping' the material will not be senttati Pretreatment inspection tips Chapter 3- Best Management Practices Observe dishUUaS t1( .:r City of Port Angeles, Washington ans, and dishware will likely sposing in garbage receptacles, raps and interceptors. Benefit to food service This will reduce the amount ofi aferid of =J rease traps and establishment interceptors, whichiiiillTriire less freque eleanrng, reducing maintenance costs This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies 13 Dispose of food waste by recycling and/or solid waste removal 14 BMP Dispose of food waste by recycling and/or solid waste removal. Reason For Some recyclers will take food wastestotanimal feed. In the absence of such recyclers, the lofittwasfEe'an be disposed as solid waste in landfills by solid:Wei Benefit to food service Recycling food wastes_ierrgtruce waste establishment disposal. This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies. City of Port Angeles, Washington Solid waste dispOS7.1fiitli5od waste will reduce and cost of grialellif and,graceptor cleaning7 Pretreatment inspection Inspect grease trapsi tips accUmulation. dr40.r.C for food waste .....r:„...,..... q...7t ::.r.:..rm.,7-11-z gegycler or so! e;ramovaI company with the oStatzlis m ;ntoanagef. .1===.1.-,...., .4- Chapter 3- Best Management Practices Witness all grease trap or interceptor cleaning and maintenance BMP Witness all grease trap or interceptor cleaning and maintenance activities to ensure that the device is properly,operatin9. Reason For iro et Grease trap /interceptor haulersa�.itl�ca�cyclers may take shortcuts. If the establishment manager ins pe ttae clearing operation and ensures it is consistent with the procedti eain Urease Trap, and Interceptor Maintenance they areffiikeastied of getting bit value for their money. The establishment wil a sure i t i s gett value the cost of cleaning the grease tcaprar'iiteceptor.:therwise the establishment may be paying for clearii gwnGre ofte -6r necessary. Pretreatment inspection Non e, tips Benefit to food service establishment Chapter 3- Best Management Practices This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington 15 Clean under sink grease traps weekly 16 BMP Reason For Benefit to food service establishment Pretreatment intjon ec tips Clean under sink grease traps weekly. If grease traps are more than 50 pervAtiligthen cleaned weekly, the cleaning frequency needs to be,grgl" Under sink grease traps hayglat*Ofily01han grease interceptors. Weekly cleaning of u0er trL _.4.7EN,FrAtet Inspect 61466efecords. "V.:v.4142w Visuall"YtSgebfiffikibb'fiteigIcif the under sink grease trap. This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington gestablishments own maintenance staff4,111101tice the cost of cle'alir egrease interceptor. If the establisknoptglbes noth:Ove a grease interceRtpr,Eithe under sink grease trap iFt01:66:jiirleaffilafikeventing greasefifa entering the sanitary sewer qgfelallittiti;06ase trap is not providing adequate prpteclion, the local igOWency may require installation of a grease intrctor TfliaLe e'llength ohIicIening cycle for grease interceptors th elftiP,O.s Teffai n1 a i aTi.39 Chapter 3- Best Management Practices Clean grease interceptors routinely BMP Clean grease interceptors routinely. Reason For Grease interceptors must be clean riely to ensure that grease accumulation does not eaiisert{ eainterceptor to operate poorly. The cleaning frequencyis aiction ofietype of establishment, the shat the interceptorTan =tire olume of flow discharged;, eµestablishment. Benefit to food service Routine cleft! gwill a of the sewerfi'e between the foodsntrieefa61,jshment and the sanitary sewer system. If the line plusa ttesewer line may back up into the establ shment, and th need to hire someone to establishment Chapter 3- Best Management Practices Pretreatment inspection Inferce;ptor si irullav; moretlan 1/3 the depth as grease, tips ANQ Interceptorstoulda=ave o =more than 1/4 the depth as sediment; I more that _:2$ j>3ercent of the depth should be a combination j and sediment (bottom). This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies. City of Port Angeles, Washington 17 Keep a maintenance log BMP Reason For 18 Keep a maintenance log. The maintenance log serves as a rec rE 1 frequency and volume of cleaning the interceptor;[ °ts required by the pretreatment program to ens :Ce; fa Egrese trap /interceptor maintenance is performed:.o a,bais Benefit to food service The maintenance 1906 64,9s, as record =vf cleaning frequency and can help the establislfinent manager optifill e:cl'eaning frequency to reducecost. Pretreatment inspection Inspect mainte at e- o tips establishment Proide the establisfrnentwi _.�._.w_...._ ave one. v�.�.._,w.� onrirm eMi laintenance to This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington a sample maintenance log if it egrease hauler identified. Chapter 3- Best Management Practices Cover outdoor grease and oil storage containers BMP Cover outdoor grease and oil storage corgainers. Reason For Uncovered grease and oil storage,c.pdtageWcan collect rainwater. Since grease and oilliTaitifigiiinwater can cause an overflow onto the groungSgliKaWerflow will eventually reach the stormwater systedfairatreWitkams. Benefit to food service The discharge of gr0:401dd oil to the star dif:clialfsystem will establishment degrade the waterdr4lify÷ receiving strea biological arldreffebtaf oxygedi:drand to the "it100ftfr' Discharge of greagand &Ithe storm drain might also result in legal penalties or 4741, Pretreatment inspection .4' 40-"i3T§gp area for§411401 and grease. tips I n0pqr.contald0);S:fleir:.:40.yers.'" Rerriovetbayersigle have not overflowed and do norlifgeIire! `isl This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies Chapter 3- Best Management Practices City of Port Angeles, Washington 19 BM P Reason For 20 "ooze" from iteTidiiiiiP'ster This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington Locate grease dumpsters and storage containers away from storm drain catch basins Locate grease dumpsters and storage;failtainers away from storm drain catch basins. The farther away from the catattigiettiemore time someone has to clean up spills or draiha eTnortblentering the storm drain system. ,E15151F4'4 Be aware of oil A6-aF,:§ dripped on the gro11001RO:ile carrying waste to the diiffplOras well oil and greaS"elarattifiY Benefit to food service The discharge of41:4Wanpl to the storm drain system will establishment dpfratle,.the water 41,015 streams and Lake 4§IRol:iby adding bibl§ chemical oxygen demand qt DiOjargei- grgaf,ez,:an §,illtalheirttorm drain might also result in legit 4 Pretreatmen inpff Obse t area for signs of oil and grease. tips spect the bafecatch basin for signs of accumulated grease Chapter 3- Best Management Practices Chapter 3- Best Management Practices Use absorbent pads or other material in storm drain catch basins BMP Reason For City of Port Angeles, Washington Use absorbent pads or other material intbe storm drain catch basins if grease dumpsters and contard,6 t ust be located ��-µw. nearby. The City of Mercer IsIand ay assist in implementation of this BMP. Do not use free flowing ,a150 or sawdust. such as "kitty litter" Absorbent padsrtand oflier materials can servezarsart.effective barrier to greasekand ail enteric ilthe storm drain sys Benefit to food service The discharge of`g[ s wa revift the storm drain system will establishment de X.ade the water ualk ireceivin streams by adding .9.w q�. 9 Y 9 .bigiticatAnd chemic f z i emand to the stream. tease_and oi(° integalpe ornesT This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Assoaation of Clean Water Agencies ews afm drain might also result Pretreatment ins pe; ton Checf t ear s Batch. <:baS sand drainage paths for signs of tips 'm grease-an equire abs&b;Ft,pads if the basin is within 20 feet of grease tnp sters or,c€ntainers, or if there are signs of grease in the asin; any distance. Do not permit the use of free flowing absorbent material such as kitty litter." 21 City of Port Angeles, Washington Use absorbent pads or other material to clean up spilled material 22 Use absorbent pads or other material to clean up spilled material around outdoor equipment, containers or dumpsters. Do not use free flowing absorbenrmaferia(s'such as "kitty litter' or sawdust that can be dischargedtoUkiestorm drain system. Absorbent pads or materia 'fs`canµfielp ctean?p grease and oil that is spilled on the.groundand'prevent itfrromlowing to the storm drain system: Benefit to food service The discharge .grease andwotto..the storm draiiisystem will establishment degrade the wafeequality streams by add biological and chern icallos yg :n= demand to the stream. Disci argeo(grease arrdilil to tf e. storm drain might also result °rnwlegal_penaitres -or fines. Pretreatment inspection If gfeagoland oiinaref,o t%setied oritthe ground in the storage tips area recommend tri euse ofabsorbents to minimize movement w:: of the '6rea. Do not permi itty litter. BMP Reason For e•.use of free flowing absorbent material such as This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies Chapter 3- Best Management Practices Routinely clean kitchen exhaust system filters BMP Reason For Benefit to food service The discharge of greasOtAndf,4iEfo the pindpin system will establishment degrade the watercitaiity,Wre streiryTamtding biological and chlribt:biygen demand to tH i xitt, .;'-§_:::4":„..--.:-,-• .....1';,...:'7=7.:,, Discharge orge4Setand PH4'6746E:storm drain migntajs o result in legal penaltifft54.'3.q.: Pretreatment inspection InS Teft (if safely signs of oil and grease. tips eq.utte'l fifaTiitenance sche'diireTan 'd records for cleaning exhia*filtertgeaning,Js usua lpy which will disPlral.6"ithe gl where it can be contialea7 Chapter 3- Best Management Practices Routinely clean kitchen exhaust systemAters. If grease and oil escape through the system, it can accumulate on the roof of thkeital5irifent and eventually enter the storm drain systegqtfeltifilaW This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington 23 Chapter 4 Prohibitions Relating to Discharge of Fats, Oil, and Grease Certain activities relating to discharge of fats, oil, and grease are=pahibiti het'e,; if allowed, would interfere with the proper operation of grease traps and interce Lois did potentially ha e'aniimrnediate, negative effect on the municipal wastewater system or the environm ;Pi's' chapter provides a°liKof: rotjbited activities and the basis for each prohibition. Prohibitions Basis {e wastewater w#atempefat Tres grease-tfaps; This Opal disc Sivas l Ors that 4:61 erature Gb° F. Do not discharge fats, oil, and grease irr' concentrations that will cause an obstructio the flow in a sewer, or pass through or caul interference at a wastewater treatment facility:- Do not discharge greaseai>properly shredded garbage, animal guts;orgt 5s s, paunch tpanure, bones, hide, hair, fees Do not distia" in excess tisve Do not discharge waste from a food waste disposal unit to any grease traps. Chapter 4 Prohibitions Relating to Discharge of Fats, Oil, and Grease .ease can sofii i ai d-lrap other solid particles to leteIX plug then :sf .water collection system. maferials�in combination or alone can cause es and other operations and maintenance ems in the wastewater collection and treatment This Best Management Practices (BMP) Manual has been developed from a BMP Manual originally published by the Oregon Association of Clean Water Agencies emperatures in excess of 140° F will dissolve grease, but the grease can re- congeal and cause blockages further downstream in the sanitary sewer collection system as the water cools. Note: High temperature water, such as from a dishwasher, is discharged to the remotely located grease interceptor, if there is one. The remote location and the high volume of the interceptor allows the water time to cool so that there is not a problem with dissolving grease and moving it further downstream. The high volume also provides dilution of the detergents in the dishwasher waste. The food waste will greatly reduce the capacity of the grease trap for retaining grease and can cause worse problems with blockages. 25 26 Prohibitions Basis Do not discharge caustics, acids, solvents, or other emulsifying agents. Though emulsifying agents can dissolve solidified grease, the grease can re- congeal further downstream in the sanitary sewer collection system. Caustics, acids, and solviii&icairtave other harmful effects on the wastewater reatrnent system and can be hazardous to those wio e wastewater collection system. Do not discharge fats, wax, grease or oils The tempera j has.shown are rerpeiatiires that can occur containing substances that will become viscous in thewasteuv ter collection and treatmerrt:system. If between 32° F (0 °C) and 150 °F (65°C) theses ibstances congeal, solidify, o1- ;become too viscous, ttieywcancause biockaggs and other operations and maintenance:" Do not utilize biological agents for grease remediation without permission from then sewerage agency receiving the waste. Do not clean equipment outdoors_in an area where water can flow to the'gu,tterstorm drain;. street. msr The biologctagents,,may disrupt the biological treatment .beess at the wastewater treatment plant. This Best Management Practices (BMP) Manual has been developed from a BMP Manual originally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington will -be washed off the equipment and i rai (system and flow to nearby streams. Chapter 4- Prohibitions Relating to Discharge of Fats, Oil, and Grease Chapter 5 Grease Trap and Interceptgj$ aintenance The grease traps and interceptors used by food service establishmentsitustwt e,c eaned on a regular basis to ensure that they work properly. Regular cleaning of grease traps andsafercep prove their efficiency and effectiveness. This chapter describes step -by -step maintenance4ctionswfl~^tat can tae l seo clean these devices. Maintenance staff, or other employees usually perform greas:t Maintenance. Greaspn;er`ceptor (GI) maintenance, which is usually performed by permitted.naiite"s 1 recyclets:(See Fats, Oil,` r Grease Haulers and Recyclers), consists of removing the entire volume (liqui is aid solids) frflim#ihe GI and prope iisposing of the material in accordance with all Federal, State, and /or locaf laws, wWt%en performed properly and at the appropriate frequency, GI and trap maintenance can greatlyseduce the disc)„iargeaafFOG into the wastewater collection system. Chapter 5 Grease Trap and Interceptor Maintenance The required maintenance frequency for GIs a%it s traps tlepen skgreatly'a .,t e,amount of FOG a facility generates as well as any BMPs implemented to reduce1freE.O.G discfrargedlintathe sanitary sewer system. In many cases, an establishment that implempliti, BMPs will real AIftw�ane aCFben'efiUtf io ?gh a reduction in their required GI and trap maintenance frequencyp= l eferf lBest Mana 'e_ifle^rjt &xactices`fo examples of BMPs that FOG generating ,atEr, acids, caustics, solvents, or emulsifying agents i eaning grease traps and interceptors. This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies 27 Grease Trap Maintenance A proper maintenance procedure for a grease trap is outlined on the following page: 28 1. Bail out any we discharged 2. Remove bafflesmi 3. 6. Replace: INLET i AIR !WAKE RING AND LIFT CLEANOUT VENT f RING r.�,� l�f' nr _,aic:3.:� �..�..'r^'��.au�r�="t�:�fi �4�€x "�'�z•:;i::e�..��s�; -Sgexs _a'J FLOW REGULATORY DEVICE REMOVABLE BAFFLES e�and the lid. e& and ACCUMULATION eTAccurnulate crape me„si ossible, and orgrease pick -up. This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington o facilitate cleaning. The water should be rease: of theiriterceptor and deposit in a watertight container. e lid;= 'aridff> ~baffles with a putty knife to remove as much of the grease as osit the gr4Ointo a watertight container. Chapter 5- Grease Trap and Interceptor Maintenance CL m U m E 1 a> la o a> a) c U o 03 0 N .0- m m L V 0 N c a O a w O o ai U T t CU 13 61 C C o N N c0 2 c O m CO N L 1--- ON N Grease Interceptor Maintenance Grease interceptors, due to their size, will usually be cleaned by grease haulers or.recyclers. Licensed septic haulers can also pump out grease interceptors and haul the waste to the treatmefiVant. A proper maintenance procedure for a grease interceptor is outlined below: NOTE: Since the establishment is liable for the condition of their pretreatmett ev)ces, the establishment owners /representatives should witness all cleaning/maintenance- dtivi#ie o�wuenfy that the interceptor is being fully cleaned and properly maintained. 30 AIR INTAKE INTERCEPTOR e VENT f °COWER INLET kt;, `t, r1J O r I ,:t xerzc. tt "S FLOW REGULATORY DEVICE SOLIDS ACCUMULATIO This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies. City of Port Angeles, Washington SAMPLE POINT rase hauleroprecycler for cleaning. See Fats, Oil, and Grease Haulers and Recyclers. nsure that 11 =flovu:;is stoppe interceptor by shutting the isolation valve in the inlet piping to the terceptor. ove the lid all b it out any water in the trap or interceptor to facilitate cleaning. The water should spii r ed,toatkiesanitary sewer system. 4. Remove`bafflesii;possible. 5. Dip the acc7mula grease out of the interceptor and deposit in a watertight container. 6. Pump out the settled solids and then the remaining liquids. 7. Scrape the sides, the lid, and the baffles with a putty knife to remove as much of the grease as possible, and deposit the grease into a watertight container. 8 Replace the baffle and the lid. 9. Record the volume of grease removed on the maintenance log. Chapter 5- Grease Trap and Interceptor Maintenance Grease Interceptor Cleaning Record Verification Form Facility Name: Address: Service Company used: Date Cleaned by Witnessed by pumped Gallons Grease disposal site Remarks Chapter 5- Grease Trap and Interceptor Maintenance This Best Management Practices (BMP) Manual has been developed from a BMP Manual originally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington 31 Chapter 6 Fats, Oil, and Grease Haulers and re+, Recyclers Regular cleaning of grease traps and interceptors requires that -the accamt7latediaf5i a d grease be physically removed from the trap or interceptor and properly disposed ,or cecyc ed. This chapterprovides a list of FOG hauling and recycling businesses that serve the greater Seat1I .lea. Phone numbers arTd-aeceptance criteria are provided for each business. NOTE: DOE licensed septic haulers not included on this lis'c;wafAowpirip out grease traps and interceptors and haul the waste to a wastewatertr ;Atment plant. Seattle Area P "riM;4ngeles, WA Good har %Sanitation Acme Septic Pumping, Port Angeles, WA Arrow Septic Port mg Goo 0 360- 385 -7155 Pumps out grease traps and interceptors. Port Angeles, tiP 1 -800- 743 -2515 Roto Rooter -S D 360- 683 -0788 Pumps out grease traps and interceptors. Carlsborg, WA Baker Commodities Darling International Evergreen Sanitation, Inc. Chapter 6- Fats, Oil, and Grease Haulers and Recyclers out grease traps and interceptors. rrnps out grease traps and interceptors. 7 -5596 Pumps out grease traps and interceptors. 206- 242 -7387 Picks up and recycles cooking oil. Provides storage container for oil. 800- 524 -2401 Picks up and recycles cooking oil. Provides storage container for oil, 800 433 -1678 Picks up and recycles cooking oil. Provides storage This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies 33 \OS M 11: Chapter 7 How Grease Traps and Interceptors Work This chapter explains how grease traps and interceptors work. 410erifanding hbikeittatfifient devices work improves operation and maintenance. The chapter uses a.grkticreach device, ilift:Wd:cliption keyed to each element of the graphic. The description is designed to fQiIQthf1ow of w,astewater throlighltj;e? Tase trap or interceptor. 4 4 5x-F-2 Chapter 8- Grease Trap and Interceptor Sizing Worksheets =4 ""'7444:4,4441g .,44.44,4 This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies 37 r Grease Traps 38 AIR INTAKE fc`., LGCKANOUFT \CLEANOUT T VENT I,"RING J' y i #1 ilip.R".'.": T,;•7 ;i z".4. f-.>".`wa,/ ':1 i,,.i..s. s it `ti: c:Is;u gavz.i �i hi x Il INLET ma;" fl (tl; Et 1 1[1, q' Y 7 rr. i ii .,u^� ti l Y:,._� FLOW REGULATORY: DEVICE LL) REMOVABLE BAFFLES r)) a:r 50L105 ACCUMULATION Item Description .gy Flow from four or fewer kitchen ffx{ures=enfers` This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies. City of Port Angeles, Washington 9UTLET {1(, SAMPLE POINT AIR RELIEF A B An approved flow contrelor is u insfalfea to restrict flow to the grease trap to the rated capacity of the C An air intake ai:;iiitothe open spacengf the grease trap to prevent siphonage and backpresscE D Baffles help to= retairgreas toyard the upstream =end of the trap since grease floats and will eneralI,y not go under_ti a baffle: ZhaswheIpswto prevent grease from leaving the trap and moving ow stream wtiere;itcan create "blockages. otiti in the'wastewatertfi'a oMnot will be deposited on the bottom of the grease trap and Sneed to berrefTioved duri Whine grease trap cleaning. it arid' grease noEq water surface and accumulates behind the baffles. The oil and greaserrwilb,be remavedduring routine grease trap cleaning. G Air relief its proarideatomaintain proper air circulation within the grease trap. H Some grease traps have a sample point at the outlet end of the trap to sample the quality of the grease trap effluent. I A cleanout is provided at the outlet or just downstream of the outlet to provide access into the pipe to remove any blockages. J The water exits the grease trap through the outlet pipe and continues on to the GI or the sanitary sewer system. Chapter 8- Grease Trap and Interceptor Sizing Worksheets Grease Interceptors (GIs) AIR INTAKE; INTERCEPTOR 7 VENT ;C, j, COVER v"-E,t1 iL: °s1. �`c '^c+,5"v� x1 '!ntik9 M; r:,e .e, a r> a, r z,e }^K t INLET s i tc mss` astx' A e,9 FLOW REGULATORY': DEVICE Irk 1 SOLIDS ACCUMULATION Item Description A B C F ures enters the GI. The UPC requires that all flow. erifgtRi Tthe interceptor eriterttthrorigti ieFr'nlet pipe. a a d- "t�:��'i il_d to restrict the n_... the /'+i i the rated A approved.. fLooucontrolt capacity offlt ewint _rgeptor Flow from under sing cease., traps or dtreel An air intake vaiueallows =;air n backpressure. Oif nr rea on and v ii` �,paratirig t a watt:se aping. Chapter 8 Grease Trap and Interceptor Sizing Worksheets Iai:=of the GI to prevent siphonage and e`wAfer surface~and accumulates behind the grease retaining fittings h'e carpartments. The oil and grease will be removed during routine GI d5;inrthe wasfewaer4that do not float will be deposited on the bottom of the GI and will need to be removetl-- during ?oest r3e interceptor cleaning. GreasevrEaffirriptings extend down into the water to within 12 inches of the bottom of the interceptor cause grease floats, it generally does not enter the fitting and is not carried into the next compartti nt. The fittings also extend above the water surface to provide air relief. G Some interceptors have a sample box so that inspectors or employees of the establishment can periodically take effluent samples. Having a sample box is recommended by the UPC but not required. H Flow exits the interceptor through the outlet pipe and continues on to the sanitary sewer system. 39 Chapter 8 Grease Trap and Intercept r Sizing Worksheets The City of Port Angeles requires kitchens, restaurants:a in accordance with Chapter 10 and Appendix H of the`Ui; methods used in the Uniform Plumbing Code (2000 edition) calculations using these methods. Grease trap sizing method and sat Chapter 10 of the Uniform Plumbing Code (6J: per minute (gpm) (1.3 Liters /sec).or more thanf provides required flow rate and:grease retention- connected to the grease. ap' :Table -3 in the Uniform: for sizing based on t For example, considertsiliailmrestatiaiit witi%hefollowiiagdrainage fixtures and drainage fixture unit values shown in Tabley7 -3. 40 single 3.0 FU ink carimercial witt food -Taste 3.0 FU ervicanitbasins F= 3.0 FU Jading 35 gpm x 12 minutes 420 gallons Therefore, this restaurant will need a 420- gallon grease trap. 9.0 FU This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington era ffected:businesses to sizewp refreatment devices lumbingCode. The chaptedescribes the sizing p(and interceptors and provides sample ave a capacity less than 20 gallons t&s 10 -2 in the Uniform Plumbing Code easew`;rapsbased on the total number of fixtures imbing Code provides drainage fixture unit values used This restaurant has t tree'fixtures connected to the grease trap. In accordance with Table 10 -2 of the Uniform Plumbing Code, a grease trap with a capacity of 35 gallons per minute and a grease retention capacity of 70 pounds is required. Assuming a 12 minute retention time if the restaurant has a garbage disposal: Chapter 8- Grease Trap and Interceptor Sizing Worksheets Grease interceptor sizing method and sample calculation Appendix H of the UPC requires that grease interceptors have a minimum of two compartments. The first compartment should have two- thirds of the total capacity of the interceptor, and a minimum liquid volume of 333 gallons (1260 L), Additional sizing and dimensional criteria are provided in Appendix H. The sizing formula for grease interceptors is provided in Table H -1 of the UPC. Table H -1 is repeated below: Number of meals xWaste flow per peak hour' rate 1 Number of meals at peak hour 2 Waste flow rate a. With dishwashing machine b. Without dishwashing machine c. Single service kitchen d. Food waste disposer 3 Retention times Commercial kitchen was_ Dishwasher Single service kit Single serving Storage°fac Fu(( egii►pped cort4n erclal kit r,operatidi ouroperation 24 ourWokeration Single "servicekitchen a. From Table Sizing of Grease Interceptors x Retention time iform Plumbing Code, 2000 Chapter 8- Grease Trap and Interceptor Sizing Worksheets x Stara Grease interceptor size (liquid capacity) 6 gallon (22.7 L) flow 5 gallon (18.9 L) flow 2 gallon (7.6 L) flow 1 gallon (3.8 L) flow 2.5 hours 1.5 hours 1 2 3 1.5 41 wr A sample grease interceptor sizing calculation for a restaurant that serves a maximum of 40 meals per hour, has a kitchen waste flow rate of 5 gallons, a single service kitchen, single serving retention time of 1.5 hours, and an 16- hour operation kitchen storage factor of 2 is provided below: Storage factor,» .Fully equipped ccirrirnereia horoperation 16'ho i eration 24 hdiiir7o p±rration ;Single servie' kitchen Number of meals x Waste flow Per peak hour' rate 42 1 Number of meals at peak hour 2 Waste flow rate a. With dishwashing machine b. Without dishwashing machine, c. Single service kitchen d. Food waste disposer 3 Retention times Commercial kitchenwaste Dishwashe, Single service Sin 4 40 x 5 x Sizing of Grease Interceptors,, x Retention x _Sfora time 0 gallon grease interceptor 40 This restaurant would require a grease interceptor with a liquid capacity of 600 gallons. This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies. City of Port Angeles, Washington MGrease interceptor ize:(liquid capacity) 6 gallon (22.7 L) flow 5 gallon (18.9 L) flow 2 gallon (7.6 L) flow 1 gallon (3.8 L) flow 2.5 hours 1.5 hours 1 2 3 15 Chapter 8- Grease Trap and Interceptor Sizing Worksheets Chapter 9 yr Compliance Inspection arp Installation Checklists Compliance inspection Installation Chapter 8- Grease Trap and Interceptor Sizing Worksheets A role of City of Port Angeles staff is to determine compliance wi 7gidinances, regu{ g or,BMPs designed to protect wastewater systems and the environment. This chaptet ro ides checklists f&Cijof ?ort Angeles staff to use when visiting food service establishments. Two che {is 5are provided: k Each checklist can be used as a reminder ,uringsitesits as filewtiocumentation for compliance of each establishment inspected. 43 Inspection Checklist Instructions for form: Inspector: Signature: Date: Time Inspection Started: Time Inspection Coni Establishment: Addres Contac Phone: 44 1. Completely fill out general information. 2. For items that require some measurement of field data, the inspectoarshouidobtain the necessary data or information and record it under the column titled, "Field Data 3. For all items marked in violation, note the fact that the 4t lishment contact was: iotifed of the violation and the contact's response. 'An entry shou /d be made for each item using the following codes: "C" Compliance with the item "V" Violation of the item (provide explanation in the notes) "NA" Not applicable (provide explanation in the notes) "NC" Not checked (provide explanation in the notes) This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies City of Port Anaeles, Washington Chapter 8- Grease Trap and Interceptor Sizing Worksheets Inspection Checklist (continued) No. Item description Field data (where appropriate) Compliance status The establishment "d ry ii pesT pots pans, and dishwareTpnortaansing and washing. Food waste is disuse recycling or solid wasti= temo ljp0d= a_ is nof'aisfiarged to theg0ase aryntrceptors= :a. 1. The establishment has implemented a training program to ensure that the BMPs are followed. 2. "No Grease" signs are posted in appropriate locations. 3. The establishment recycles waste cooking oil and can provide records of this. 4. Water temperatures at all sinks, especially the pre -rinse sink before the mechanical dishwasher or the sinks in the three -sink system are less than 140° F. Measure and record temperature. 5. 6. Eleai'tiii Gre se tre ereaningLectuenty is docume Id`on ra''t ainterrance log (obtain a copy ottt3 °edocument). 9. GI does not corifat5 rester than 1/3 the depth in grease accumulation. Estimate and record amount of grease in interceptor. 1 An entry should be made for each item using the following codes: "C" Compliance with the item "V" Violation of the item (provide explanation in the notes) "NA" Not applicable (provide explanation in the notes) "NC" Not checked (provide explanation in the notes) Chapter 9- Compliance Inspection and Installation Checklists This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington 45 Inspection Checklist (continued) No. Item description Field data (where appropriate) Compliance status :StotAtirain catchtasiris s "signs of grease or oil W a aws.no sid St 10. GI does not contain greater than 1/4 the depth in sediment accumulation. Estimate and record amount of sediment in interceptor if possible. 11. GI is cleaned and maintained regularly. Note and record the frequency of cleaning. 12. GI cleaning and maintenance frequency is documented on a maintenance log (obtain a copy of the document). 13. Outdoor grease and oil storage containers are covered and do not show signs of overflowing, 14. Grease and oil storawcon are protected frommd storm drains. 15. Absorbent padsot (not free flowing matefiaL,sii litte ,(0:; d to clean up q�.leakagesthateould reac' 17. The roof s and oil fran Tease ,stem. 18. Exhaust system fiffei e cleaned regularly, whichis'documented by cleaning records. Note and record the frequency of cleaning. 'An entry shou /d be made for each item using the following codes: "C" Compliance with the item "V" Violation of the item (provide explanation in the notes) "NA" Not applicable (provide explanation in the notes) "NC" Not checked (provide explanation in the notes) 46 This Best Management Practices (BMP) Manual has been developed from a BMP Manual originally published by the Oregon Association of Clean Water Agencies. City of Port Angeles, Washington Chapter 8- Compliance Inspection and Installation Checklists Inspection Checklist (continued) No. Item description Field data (where appropriate) Compliance status' NOTES 'An entry should be made for each item using the following codes: "C" Compliance with the item "V" Violation of the item (provide explanation in the notes) "NA" Not applicable (provide explanation in the notes) "NC" Not checked (provide explanation in the notes) Chapter 9- Compliance Inspection and Installation Checklists This Best Management Practices (BMP) Manual has been developed from a BMP Manual originally published by the Oregon Association of Clean Water Agencies Cite of Port Angeles, Washington 47 Installation Checklist (continued) Installation Checklist Instructions for form: 1. Completely fill out general information. 2. For all items marked in violation, note the fact that t s ablishment contact was :-.no i d Hof the violation and the contact's response. Inspector: Signature: Date: Time Inspection Start Time Inspection Comp Establis Addre Contact Na Phone: 'An entry shou /d be made for each item using the following codes: "C" Compliance with the item "V" Violation of the item (provide explanation in the notes) "NA" Not applicable (provide explanation in the notes) "NC" Not checked (provide explanation in the notes) 48 This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies City of Port Angeles, Washington Chapter 9- Compliance Inspection and Installation Checklists No. Item description Compliance status' Each grease trap serves not more than four single compartment sinks of the same depth. Grease trap is sized based upon the number of fixtures discharging to it. See Frequently Asked Questions about Fats, Oil, and Grease. 2. Grease trap has a water seal of not less than two inches in depth or the diameter of its outlet, whichever is greater. 1. 4. Waste from toilets and urinals does not discharge to the GI. 5. Waste in excess of 140° F is not discharged to any grease thjj ishwasher with a min. temperature of 160° F is not discharged to any-areasetFap. 6. The vertical distance between the fixture outlets and gretrap.weirssiasshort as practical. 7. GI is as close as practical to the fixtures:erv� ...::rF.w.. 3. No food waste disposal unit or dishwasher is connected to or discharg s. rata grease trap. Chapter 10- Sample Product Information for Grease Interceptors 8. Each fixture connected to a grease traasprodedyviai approved control or restricting device installed in a'Keadify =access bftailwvisible location Devices shall be designed,so that the flow IbiNixthe Qr devices a no 9. Each fixture discharging into a`gre seJrap or interceptoris'individually trapped and vented in.aiaappraved mannl 10. Each grease trapwanintereep#oG.1sl throughout the entire drafrtrcsystem 11. No, water. -:lackefedMgrease<trap or:~tnterceptor "isinstalled. ';easily acces (le for inspectiod tittgleaning and access does not require se. of ladders r„ e r movai o bulky equipment. 13. #iere.ts a fiinimum ofwi ne access point into each compartment of the interceptor and "no,a'ccesspointsarjceater than 10 feet apart. Each access opening is leak resistant ar tfean► ofsl de, rotate, or flip. 14. Location of Gisshowtr on approved building plans. Drawings of interceptor are complete and stiv=all dimensions, capacities, and reinforcing and structural design calculations. w air circulation 15. GI is not installed in any part of a building where food is handled. Location shall meet the approval of the Administrative Authority. 16. GI serves a single business establishment. This Best Management Practices Manual (BMP) has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies 49 17. GI has a minimum of two compartments and 3 -inch diameter fittings designed for grease retention. The compartments shall be separated by partitions or baffles that extend at (east 6 inches above the water level. The inlet compartment shall be 2/3 of the total interceptor capacity and shall have a minimum liquid volume of 333 gallons. The length of the inlet compartment shall be longer than the inside width of the interceptor. 18. The inlet and outlet fittings shall be a baffle tee (or similar flow device) that extends at least 4 inches above the water level to within 12 inches of the; of the interceptor. The outlet tee out of a sample box shall extend at E inches below the water surface. Flow between the separate compartrr nt"sis through a baffle tee or bend that extends down to within 12 inc faes dtth&bottom of the interceptor. 19. The liquid depth shall be greater than or equal to 2 fee inches and lessythan 6 feet 0 inches. All waste enters the interce GI cover is gastight and GIs located in'areas'ofpedestriaoor support the imposectloadstw.feuieric verify adequacy. ~M' 20. There shall be a minimum of 9 inches of open vent space "aboyetfieuer level to the top of the interceptor. The airspace a has=a minimum capacit e alma 12 1/2 percent of the interceptor's liquid volu 21. The GI has at least one square foot of surface`are 61.76very gallons o capacity. 22. 23. 24. 25. Re woo es'are not iri ally oKthrough the iTlatj as amnimum opening.o inches in diameter. tehicle travel quately designed to tal:calculations may be required to :sample box'is=providadtion the outlet :side of the GI. This is recommended and .required by[hepO so that.thaadministrative authority can periodically sampfe,:t e effluent qua 27. GI is "pormarnently ancieg (ply marked with the manufacturer's name of trademark, model nunitier, UPC'ceit cation mark and registration (if product is listed by the Internationah'Asso "ciat ion,'of Plumbing and Mechanical Officials), and any other markings required bylaw. NOTES: 50 This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies Chapter 9- Compliance Inspection and Installation Checklists Acknowledge The authors gratefully acknowledge:;-th input and tevieu wn members of the Oregon Association lean Water Agericii Pretreatment Committee and ,Vikt aterial contributed by Agency of Washington County dregon an th City of Woo' This Best Management Practices Manual (BMP) has been developed from a BMP Manual originally published by the Oregon Association of Clean Water Agencies. Chapter 10- Sample Product Information for Grease Interceptors provided by the dustrial hified Sewerage urn Oregon. 51 52 This Best Management Practices (BMP) Manual has been developed from a BMP Manual onginally published by the Oregon Association of Clean Water Agencies Chapter 9- Compliance Inspection and Installation Checklists s Sections: INDUSTRIAL WASTEWATER PRETREATMENT Table of Contents 13.06.010 Purpose and Policy 3 13.06.011 Administration 4 4 13.06.012 Abbreviations .i. v 4 13.06.020 Definitions 4 5 13.06.030 Discharge Prohibitions 12 ap 13.06.031 Fats, Oil and Grease (FOG) 0)- 17 13.06.040 Limitations on Wastewater Strength 22 13.06.041 National Categorical Pretreatment Standards: 22 13.06.042 State Pretreatment Standards 26 13.06.043 Right of Revision: 29 13.06.044 Dilution. a:A 29 13.06.045 Local Limits: 30 13.06.050 Accidental Discharge/Slug Discharge Cpntrol 32 13.06.051 Hauled Wastewat, et i,. ZO 32 13.06.060 Pretreatment Falai& t 33 ee 'i 13.06.061 Additional,Pretreatmerit easures 33 4;61 13.06.080 Wastewater Dls,ckargeterip 35 13.06.081 Industrial User 'SlirKeYs 35 13.06.082 Wastewa::!sc114:g‘Permit Requirement 36 13.06.0834WastewatetDischargegermitting: Existing Connections .90 37 13.06.08,Wastewaterpischarge PeriPitting: New Connections 37 13.06:085 Discharge Pennit Application Contents 37 v v 13.06.086,41Application Sigtin atoes and Certifications 40 P=R1 13.06.087 Wastewater Discharge Permit Decisions 41 13.06.090 WaggWer Discharge Permits 41 13.06.091 Wast6Water Diggharge Permit Duration 41 v' wp„,- 13.06.092 WasteWat*Discharge Permit Contents 41 13.06.093 Permit IsAance Process 44 13.06.094 Wastewater Discharge Permit Modification 45 13.06.095 Wastewater Discharge Permit Transfer 46 13.06.096 Wastewater Discharge Permit Revocation 47 13.06.097 Wastewater Discharge Permit Reissuance 48 13.06.098 Regulation of Waste Received from Other Jurisdictions 48 13.06.100 Reporting Requirements 50 13.06.101 Baseline Monitoring Reports 50 13.06.102 Compliance Schedule Progress Reports 53 Chapter 13.06 13.06.103 Reports on Compliance with Categorical Pretreatment Standard Deadline 54 13.06.104 Periodic Compliance Reports 55 13.06.105 Reports of Changed Conditions 59 13.06.106 Reports of Potential Problems 59 13.06.107 Reports from Unpermitted Users 61 13.06.108 Notice of Violation/Repeat Sampling and Reporting 61 13.06.109 Notification of the Discharge of Hazardous Waste 61 13.06.110 Analytical Requirements 64 13.06.111 Sample Collection 64 13.06.112 Date of Receipt of Reports 66 13.06.113 Record Keeping 66 13.06.114 Certification Statements 67 13.06.120 Compliance Monitoring 69 13.06.121 Right of Entry: Inspection and Sampling 69 13.06.122 Search Warrants 71 13.06.130 Confidential Information 71 13.06.140 Publication Of Users In Significant Noncom pliance T= 72 13.06.150 Administrative Enforcement Remedies 74 13.06.151 Notification of Violation 74 13.06.152 Consent Orders 75 13.06.153 Show Cause Hearing 75 13.06.154 Compliance Orders 4 76 13.06.155 Cease and Desist Orders 76 13.06.156 Administrative Fines 77 13.06.157 Emergency Suspensions,, 79 13.06.158 Termination of Discharge 80 13.06.160 Judicial Enforcement Remedies r 81 13.06.161 Injunctive 81 13.06.162 Civil Penalties 82 13.06.163 Criminal_ Pro secution 83 13 .06.16*Remedies Nonexclusive, 84 13.06.170 Supplemental„EnforcerrientAction 84 13.06:1,71::. Penalties for Late Reports 84 13.06.172 -Performance Bonds 85 13.06.173 Liability Insurance 85 13.06.174 Payii nt of Outstanding Fees and Penalties 86 13.06.175 Water Supply: Severance 86 13.06.176 Public Nuisances 86 13.06.177 Informanf Error! Bookmark not defined. 13.06.178 Contractor Listing 87 13.06.180 Operating Upsets 87 13.06.181 Prohibited Discharge Standards 89 13.06.182 Bypass 89 13.06.183 Miscellaneous Provisions 91 13.06.184 Effective Date 92 Page 2 of 92 13.06.010 Purpose and Policy A. This Chapter sets forth uniform requirements for Dischargers into the POTW (Public Owned Treatment Works) and enables the "City" to protect public health in conformity with all applicable local, State and Federal laws relating thereto. The objectives of this Chapter are: 1. which will interfere with the normal operation of the system or contaminate the resulting municipal sludge; into receiving waters 3. from the system; 2. To prevent the introduction of pollutants it to the City wastewater system To prevent the introduction ofpollutants.into the City4wastewater system and whic1i i11' pass through the system 4- or the atmosphere or otherwise'be incompatible with the system; Toimprove the opportunity', to recycle and reclaim wastewater and sludge which do not receive adequate treatment imtlle Page 3 of 92 4 To enable tle City to comply with its National Pollutant Discharge Elimination System permitconditions sludge use and disposal requirements, and any other Federal orS'tate laws to which the POTW is subject. B. TThis Chapter provides for the regulation of discharges into the City wastewater vs +kt'i t Y system through the enforcement of administrative regulations. This Chapter does not provide for recovery of operations, maintenance or replacement costs of the POTW or the costs associated with the construction of collection and treatment systems used by Dischargers, in proportion to their use of the POTW, which are the subject of separate enactments. (Ord. 2290 §1, 8/31/1984) C. This ordinance shall apply to all users of POTW. The ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting. 13.06.011 Administration Except as otherwise provided herein, the Director shall administer,, implement, and enforce the provisions of this ordinance Any powers grantedto or duties imposed upon the Director may be delegated by the Director to other City personnel. The Washington;Saate Department of Ecology (DOE) will evaluate all Signiifcant;IndiustriaWsers who wish to discharge into the City of Port Angeles' POTW. DOE will issue all industrial wastewater discharge permits and perform enforcement„actions�against those SI T's that are in violation of their discharge permit or this Ordinance. 13.06.012 Abbreviations AGRS- Automatic GreaseRemoval'System BOD Biochemical Oxygen:Demand BMP Best Management Practice CFR Code of Federal Regulations CIU Categorical Industrial User DOE Department of Ecology EPA U.S. Environmental Protection Agency FSE Food Service Establishment Page 4 of 92 FOG Fats, Oils and Greases gpd gallons per day GRS Grease Removal System mg/1 milligrams per liter MIU Minor Industrial User NFD Non -FSE FOG Discharger NPDES National Pollutant Discharge Elimination System POTW Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act SIU Significant Industrial User TSS Total Suspended Solids USC United States Code 13.06.020 Definitions ,6 i ZJil l i this •ordinance, shall have themean hereinafter designated: U iA nless a provisio states otherwise, the following terms and phrases, as used in A. "Act" The;_Clean Water Act (33 U.S.C. 1251 et seg), as amended. B. "Additive" Any material, in any physical form, put into a Grease Removal System (GRS) or any drain lines or appurtenances discharging to a GRS intended in any way to modify the operation of the GRS. C. "AKART" All known available and reasonable treatment technology. D. "Applicable Pretreatment Standards" For any specified pollutant, City's prohibitive discharge standard, City's specific limitations on discharge, the State of Washington Page 5 of 92 pretreatment standards or the National Categorical Pretreatment Standards (when effective), whichever standard is most stringent. E. "Authorized or Duly Authorized Representative of the User" (1) If the user is a corporation: (a) The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or (b) The manager of one or more manufacturingproduction, or operating facilities, provided the manager is authorized to Ike management Avf decisions which govern the operation o£the regulated f acility including having the explicit or implicit duty of #making major capital investment u45 recommendations, and initiate annd direct` other compreheh ivvee measures to assure long -term environmentalcompliance with environmentaPlaws and regulations; can ensure that -the, necessary systems are established or actions taken to gather complete and accurate- information for control mechanism requirements; and whereauthority to sign documents has been assigned or delegated to the manager inraccordance with corporate procedures.1= (2) If the user is a partnership orsole proprietorship:r general partner or proprietor, respectively. (3) If the user is a Federal, State,, or;local gou„erninental facility: a director or highest official:appointed or designated to oversee the operation and performance of the acts sties of the government ,facility, or their designee. (4) TheF n`dividuals described in paragraphs 1 through 3, above, may designate foi another auth representative if the authorization is in writing, the authorizatiomspeciifiesqheind'ividual or position responsible for the overall operation of thefacility from which the discharge originates or having overall responsibility for ironmental matters for the company, and the written authonzation is uttedto the City. fi Grease Removal System (AGRS)" A GRS that has provision to automatically remove4separated FOG and/or settled solids from the tank and collect them t for disposaL '�1 G. `Biochemical Oxygen Demand or BOD" The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/1). H. "Best Management Practices or BMPs" Means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 2.1 A and B [40CFR 403.5(a)(1) and (b)]. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials Page 6 of 92 storage. I. "Categorical Pretreatment Standard or Categorical Standard" Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 -471. J. "Categorical Industrial User" An Industrial User subject to a Categorical Pretreatment Standard or Categorical Standard. K. "City" City of Port Angeles, Washington ms s_ L. "Composite Sample" A composite of several samples taken throughout the period of a day when a regulated discharge is occurring. Several "br"ands of electric, samplers, some with a refrigerated sample collection area, may used. Approvable composite samplers may either use a flow paced or time paced algorithm. M. "Daily Limit or Daily Maximum Limit" The;maximummallowable discharge of a pollutant over a calendar day or equivalent representative 24 -hour period N. "Director" The person desigriated-,by,the City to supery se the operation of the POTW, who is the City of Port AngelgAPiiblic Works U ihities Director and who is charged with certain duties and responsibihitiesfby ordinance. The term also means a duly authorized representative of the Director. O. "Discharger non=residential user who discharges an effluent into a POTW by means of pipesconduits, pumping stations; force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, and all constructed devices and appliances appurterianif thereto: Page 7 of 92 P. Environmental Protection Agency" The U.S. Environmental Protection Agency or, .where appropriate the Regiorial•_Water Management Division Director, the Regional M ministrator, or other d authorized official. Q. °``Existing Source'-:' Any source of discharge subject to Categorical Standards that does not meet the definition of a "New Source" per section 1.4S. e R. "Food Service Establishment (FSE)" Any establishment, commercial or noncommercial, primarily engaged in the preparing, serving, or otherwise making available for consumption foodstuffs in or on a receptacle that requires washing more than two (2) days per week and that discharges to the POTW. S. "Grab Sample" A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. T. "Grease Interceptor /Intercentor/Intercentor -stvle GRS" Any relatively large in ground or above ground tank, generally, but not always, of precast concrete, with internal plumbing and baffling intended to act as a GRS or AGRS to serve one or more fixtures and which shall be remotely located. U. "Grease Removal System (GRS)" Any device designed for, and intended for, separating, collecting, and removing waterborne FOG and settleable solids prior to discharging to the POTW. This includes any AGRS. V. "Grease TraD/Tran/Tran -style GRS" Any relatively small appurtenance, generally, but not always, of cast iron or fabricated steel, with internal configuration and internal or external flow control, intended to function as a GRS or AGRS. All. trap -style grease removal systems shall be PDI or IAPMO approved. W. "Indirect Discharge" The discharge or the introduction of pollutants into the POTW from any non domestic source regulated under Section1.07(b) (c)'ii of the Act. a X. "Industrial Waste" Solid, liquid or gaseous*aste resulting from any_indust ial manufacturing, trade or business process or frofii the de recovery or processing of natural resources. Y. "Instantaneous Maximum Discharge Limit or Instantaneous Limit" The maximum concentration of a pollutant allowetobe discharged of anytime, determined from the analysis of a discrete sample. WheresazUser•is required to' take "a grab sample for purposes of determining compliance °;with Local:Lkmits, thisdstandard is the same as the Daily Maximum standard. For pollutants for/whickUsers are required to take composite samples, (or for metals;,if°no permit has;been issued) the Instantaneous Limit shall be I twice the Daily Limit: Z. "Interference, d which cause( by s either by itself or in combination with a.'"" other discharges) v -A iolation Citys permit or prevents the intended sewage sludge use or''disposal by inhibiting or disrupting the POTW, including its collection systems, pump_stations, and wastewater and sludge treatment processes. For example, a disch from a User -which causes a blockage resulting in a discharge at a oint not authorized; under the,City's NPDES permit. AA `c ocal Limits=, "'Effluent limitation developed for Users by the Director to specificallyprotect the POTW from the potential of Pass Through, Interference, vapor toxicity, explosions; sewer corrosion, and intended biosolids uses. Such limits shall be based on tliePO site specific flow and loading capacities, receiving water considerations; and reasonable treatment expectations for non domestic wastewater. BB. "May" Is permissive (see "shall Page 8 of 92 CC. "Medical Waste" 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. DD. "Minor Industrial User (MIU)" A non categorical industrial or commercial user of the POTW that does not qualify as a significant industrial user, but that operates facilities that: a) Have some discharges of wastewater that could cause detectably elevated concentrations of metals or toxics in the pretreatment quarterly analysis; or b) Have a discharge of small quantities of dangerous waste to the POTW which have been excluded from regulation under Chapter 173 -303 WAC through the domestic sewage exclusion; or, c) Have a potential to discharge or spill chemicals to /tlie POTW. EE. "Monthly Average" The arithmetic mean of the effluent samples collected during a calendar month or specified 30 -day period. Wherethe.Control Authority has taken a sample during the period, it must be included in the monthly average &provided in time. However, where composite samples are re uired grab samples taken for p ocess control or by the Control Authority are not to be includ'ed.in a monthly average. FF. "Monthly Average Limit" The limit to be applied,to the Monthly Average to determine compliance with the requirements of this ordinance (see section 13.06.045 for listing). asp #f ,a Page 9 of 92 GG. "Natural Outlet" Any outlet, including storm7 into a watercourse, pond, ditch, lake or other body of surfage or,lgroundy T` ater. a1 HH. "New Source" (1) Any building; structurefacility, or installation from which there is (or may be) a discharge of`'p 1h ants, the c of 1 ich commenced after the publication of proposed pretreatm .sta 307(c) of the Act which will be applicable to such,source if such st are thereafter promulgated in accordance with that sect prov (a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility, or installation totally replaces the process or -'production equipment that causes the discharge of pollutants at an existing source; On (c) The production or wastewater generating processes of the building, structure, facility or installation are substantially y independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (a) Begun, or caused to begin, as part of a continuous onsite construction program (i) any placement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of;riew source facilities or equipment; or (b) Entered into a binding contractual obligatiorr"for the ii ii chase of facilities or equipment which are intended to be used inits operation witluna-reasonable time Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligatioiFthider this paragraph. II. "Non -FSE FOG Discharger (NFD)" Any establis1 h ent, such as a church, synagogue, worship hall, banquet facility, or meeting space, with a commercial -style kitchen that is used for preparing, serving, or otherwise making available for consumption foodstuffs in or on a eptacle -that requires washing two days a week or less and that discharges to the POTW`` JJ. NPDES" National Pollutant Discharge Elimination System Permit program as administered by"the USEPAor State. KK. "0 and M" Operationaaiid'=Maintenance. LL.- "Other'Nastes" Deeayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal oil =tar, chemicals; and all other substances except sewage and industrial `wastes. M w' "Pass Through" A discharge which exits the POTW into waters of the United States .quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the [City]'s NPDES permit;ncluding an increase in the magnitude or duration of a violation. NN. "Person" Any individual, partnership, co- partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. 00. "pH" A measure of the acidity or alkalinity of a solution, expressed in standard units. Page 10 of 92 PP. "POTW (Public Owned Treatment Works)" A treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant. QQ. "Pollutant" Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD Carbonaceous Oxygen Demand, toxicity, or odor). RR. "Pretreatment" The reduction of the amount of pollutants, theemination 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 biologiccafptdcesses; *process changes; or by other means, except by diluting the concentration of the:pollutants'unless allowed by an applicable pretreatment standard." SS. "Sewage" Water carried human wastes or a combination water carried wastes from residence, business buildings, ,istituhons and industnal;e'stablishments, together with such ground, surface, storm or other waters a'sgmay bepresent. Y TT. "Sewer" Any p onduit, ditch o other dey e used to collect and transport sewage or storm w ater fr generat UU. "Shall" Is maiidato VV. "`Signif cant User (SILT)" Except''asprovided in paragraph (3) of this section, a Significant Industrial User is (1) A User subject to cat pretreatment standards; or .'A User that ;Discharges an average of twenty -five thousand (25,000) gpd or more of process,_ wastewater to the POTW (excluding sanitary, noncontact cooling, and boile%$lowdown wastewater); (b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (c) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (3) Upon a finding that a User meeting the criteria in Subsection (2) of this part has Page 11 of 92 y "i h Vrf YY. "Suspended Solids" The total suspend tha floats on the surface of, or is suspended in, water, wastewater, or other liqui ;and, is'removable by laboratory no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f) (6), determine that such User should not be considered a Significant Industrial User. WW. "Slugload or Slug Discharge" Any Discharge of a non routine, episodic nature, including but not limited to an accidental spill or a non customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW's regulations, local limits or Permit conchtiolih. This includes discharges at a flow rate or concentration which could cause a u olation of the prohibited Aft discharge standards of Section 13.06.030 of this ordinance. difif XX. "Storm Water" Any flow occurring during oryfoll any form of natural precipitation, and resulting from such precipitation; including snowmeff filtering. ZZ. "Toxic Pollutants" Those substances, and any oth416,11utant or combination of pollutants listed as toxic in regulatioris�promulgated by the Administrator of the Environmental Protection Agency under Sectiigri307,of theClean Water Act. AAA. "Upset" An,.exce tional incident in which ;Discharger unintentionally and itN temporarily is in a state of no ncompliance,with the standards set forth in this Chapter due to factors beyo the reasonable control of the:Discharger, and excluding noncompliance to the extent"caused��by operational error, improperly designed treatment facilities, Yd %�47�rz. i�=v'�i.:fi�Y inadequate treatme`n'tifacihties`_ilack,of preventive maintenance, or careless or improper operation. thereof. ass _BBB. "User or Industrial User;?'�A source of indirect discharge. Page 12 of 92 CCC. "Wastewater','gndustrial waste, or sewage or any other waste including that which r ay be combined with any ground water, surface water or storm water, that may be dischiii ed to the (Ord. 2609 §1, 8/15/1990; Ord. 2290 §2, 8/31/1984) 13.06.30 Discharge Prohibitions A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes Pass Through or Interference. These general prohibitions apply to all users of the POTW whether or not they are subject to Categorical Pretreatment Standards or any other National, State, or local pretreatment standards or requirements. B. Specific Prohibitions. No User shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: 1. Pollutants which either alone or by interaction may create a fire or explosive hazard in the POTW, a public nuisance or hazard to life prevent entry into the sewers for their maintenance and repair of in any way:injurious to the operation of the system or operati g;'personnel =This includes waste streams with a closed -cup flashpoint of less than_I40.degrees F (60 degrees C) using the test methods specified=in -40 CFR 261.21 2. Any soluble waste or wastes having a pI-Obwer than 5.0 or higher than 10.0 or havingan o ther ,corrosive property, reasonably could be hazardous to 1 6 N structures; e qu i p me n t or Te rs o nnel of the City, such as, but not limited to, attety or plating g acids,and wastes, copper sulfate, chromium salts and discharged. compounds, or sal'ttbrine. Ittrk "ran ''N 3. ;S viscous substances in amounts which may cause obstruction to the Vt flow in the sewer or other interference with the operation of the system. In no case shall solids greater than 1/4 inch (0.64 cm) in any dimension be Page 13 of 92 4. Pollutants, including oxygen- demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW. 5. Wastewater having a temperature which will interfere.with the biological activity in the system, has detrimental effects on,t1 collection system, or "t prevents entry into the sewer. In no case shall;3wastewater,be discharged which causes the wastewater temperature at the treatment planbto exceed 104 degrees F (40 C). 6. Petroleum oil, nonbiodegadable cutting oil, or products of mineral oil origin, or Interference. in amounts that will causeePassThroi 7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the ua POTW;in i a q gritty tlaffmay cause acute worker health and safety fol'ems. Page 14 of 92 Trucked or hauled pollutants, except at discharge points designated by the 4' irect accordance with Section 13.06.051 of this ordinance. 9. The following classes of discharge are prohibited unless approved by the Director because of extraordinary circumstances, such as lack of direct discharge alternatives due to combined sewer service or need to augment sewage flows due to septic conditions. a. Noncontact cooling water in significant volumes. b. Stormwater, or other direct inflow sources. c. Wastewaters significantly affecting system hydraulic loading, which rr x m;:,r 10. Noxious or malodorous liquids, gases,,s'olids; •or other wastewater which, 'Nit, either singly or by interaction with' wastes,, are sufficient to create a public nuisance or a hazard to life, or to'tpreyent entry into the sewers for maintenance or repair. do not require treatment or would not be afforded' significant degree of treatment by the system. Page 15 of 92 "compliance with applicable State or Federal regulations. 11. Wastewater= which imparts color which cannot be removed by the treatment process, such as il?ut not limited 'to, dye wastes and vegetable tanning solutions; whieli consequentl_.yimparts color to the treatment plant's effluent, violatingthe City's NPDES permit. Wastewater containing any radioactive wastes or isotopes except in 13. New discharges of stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically could occur. 15. Medical wastes, except as specifically authorize dby Director in a authorized by the Director. 14. Sludges, screenings, or other residues from the pretreatment of industrial wastes, unless specifically authorized by the Director. wastewater discharge permit. 16. Wastewater causing, alone or in conjunction with other sources; =;the treatment plant's effluent to fail toxicity test. 17. Detergents, surface-activeeagentk substances which may cause excessivefo ming in the POTW. 18. Wastewat discharge into o on an explosion hazard meter at the point of POTW, or at any point in the POTW, of more than ten percent (10%) or,ariy single reading over twenty percent (20 of the Lower ExplosiveLimit based on an explosivity meter reading. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that an unintended discharge to the sanitary sewer or the storm sewer Page 16 of 92 13.06.031 Fats, Oil and Grease (FOG) Excessive fat, oil or grease shall not be introduced to the sewer system. No user shall discharge more than 100 mg/1 of fats, oils or greases into the sewer system at any time. The City may sample and inspect grease traps of commercial establishments to ensure they are being maintained to reduce buildup of grease in the sewer system. The City'. that preventative measures are necessary to control discharges containing FOG :hat might cause IntA wastewater treatment plant interference. The City may requiree „co_mmercia to A t y sv initiate Best Management Practices (BMPs) to contrp1 nd maintain grease interceptors or traps. l�4 Page 17 of 92 e All FSEs and NFDs shall have an adequate grease rem system installed and exercise proper kitchen best management practices to ensure that excess concentrations of FOG are not discharged to the POTW. The property owner'shallj ma intain all grease interceptors or traps ia 7 4 of ~'•�4 5katF accordance with manufacturer recommendations. In the event that the City cleans a s blocked by FOG originating from a commercial establishment ,the= establishment shall reimburse the City for those costs. 32` hs,r` -.New Construction on Prior to constructon a new FSE or NFD, a building permit shall be obtained from the appropriate jurisdict n. Plan submittals shall include kitchen fixture plan views and kitchen waste plans showing all potential grease discharging lines, all GRSs, and connecting piping. The application shall be routed to the Director or his designee for review and approval prior to issueance of the building permit. 1. All new single occupancy Food Service Establishment buildings shall be constructed with properly sized grease removal systems. All kitchen drains and any other drains that may carry grease -laden waste shall be connected to a GRS. A dishwasher shall not be connected to trap -style Grease Removal Systems If a trap -style GRS is installed, the kitchen may not have a garb age disposal /garbage grinder /macerator or similar unit connected to it. 2. All new construction multi- tenant buildings'(strip shallilclude a separate waste line for all leasable spaces thatdiseharge to =a common 2000_gallon or larger interceptor. This waste line shall be permanently marked to identify it as required by the Director. When a spacelis sold, or rented to a FSE or NFD, all kitchen drains and any other drains thatniay carry,. grease -laden waste shall be connected to,thisywaste line; no 'domestic sewage may be connected to this line. Page 18 of 92 The property owner shall be responsible'for proper maintenance of this interceptor utacco dance with the= provisions of this ordinance. All new single occupancy Non -FSE FOG Discharger buildings shall install a roperly sizedGRS. Interceptor -style GRSs are recommended, but trap -style GRSs-are permissible. All kitchen drains and any other drains that may carry grease =laden waste shall be connected to this GRS (except the dishwasher if a trap -style GRS is installed.) If a trap -style GRS is installed, the kitchen may not have a garbage disposal /garbage grinder /macerator or similar unit installed. 4. Any FSE or NFD undertaking a Substantial Remodel, as defined herein, will be considered to be new construction for the purposes of this ordinance. 13.06.033 Existing Construction 1. Every person owning or operating an FSE without a functional a l GRS shall be required to install one. The type of GRS required wl e,,determined by the 4 .ft Director, taking into account cost, available space•kand gradient, and any other pertinent information. Where feasible, r llrkitchen drains and a that may carry grease -laden waste shall;be ~connected to:the GRS. Dishwashers shall not be connected to trap -style Grease Removal. Systems. If a trap -style GRS is installed, the kitchen may not, x or similar unit installed. 2. Any existing NFD without 5.y type of GRS ''require ve a garbage disposal/ garbage grinder /macerator a functiona%GRS may be required to install one. The Igt erdetermined by the Director, taking into account cost, avail'abletspace and:gradient, whether the user is in a grease impact area, and any other pertinent information. Where feasible, all kitchen drains and any other drains that may carry grease -laden waste shall be connected to this GRS (except the'dishwasher if a trap -style GRS is installed.) If a trap -style GRS is installed, the kitchen may not have a garbage disposal /garbage grinder /macerator or similar unit installed. 13.06.034 Grease Removal System Maintenance Page 19 of 92 1. All grease removal systems shall be maintained to ensure proper operation. At a minimum, interceptor -style GRSs shall be cleaned at least once every 90 days and trap -style GRSs cleaned at least once per week. These required frequencies may be extended with the approval of the Director. Grease Removal Systems must be cleaned whenever the combined thickness of the floating greases and settled solids is equal to, or greater than, 25% of the total liqud.depth in the GRS. 2. When cleaned, an interceptor -style GRS must be completely pumped out, all solids removed, solidified grease scraped rom the`interior and the structure and all internal plumbing inspected for damage anticorrosion. The GRS shall be refilled with water prior to`beulg placed back int&'operati'on. If repairs are required, they shall be performed it 3. Trap- style'.GRSs maybe maintained bythe FSE or NFD. When cleaned, the trap Via t`4:4":4�r�, must have surface'grease and' oil; r e m oved settled solids removed, all sides scraped,removableparts removed and cleaned, be inspected for damage and corrosion; and, be properly reassembled. If repairs are required, they shall be erformed within 7 days. 4. The material that is removed in the process of cleaning a GRS shall not be discharged back into the GRS, any part of the POTW, any private sewer, any drainage piping, or storm sewer system. All materials removed shall be handled and disposed of in accordance with Federal, State, County and Local laws, rules Page 20 of 92 and regulations. 5. In addition to the maintenance required above, Automatic Grease Removal Systems shall be maintained in accordance with the manufacturers' guidelines. 13.06.035 Grease Removal System Additives No additive may be introduced to the plumbing system upstreairt of a greaseMtap that has the effect of reducing the effectiveness of the grease trap,-,= 13.06.036 Solids Interceptor If a garbage disposal /garbage grinder /macerator or siiiil"ar is installed in a kitchen, it must discharge to the GRS throu irplumbed irrimediately after the garbage disposal /garbage grindevmacerator =or similar unit: _,The solids interceptor shall be maintained in vv, Ri4 proper operating condition stall tunes there- iKflo`w through it. 3 13.Ob ;037 Grease Removal System Sizing 1. e Tr a p -style grease removal systems shall be sized in accordance with the standards in the; currently adopted Plumbing Code. 13.06.038 Flow Controls All trap -style grease removal systems shall have an internal or external flow control installed to Page 21 of 92 ensure that wastewater flow through the trap does not exceed the manufacturer's design flow rating. This flow control shall be maintained in operating condition at all times. 13.06.039 Record Keeping Users subject to this ordinance shall document all cleaning and maintenanceractivities performed on their GRS. These records shall be maintained for a minimum,of three °(3) years and be available for inspection and copying by the Director or his r�epresentative.Thi shall be automatically extended for the duration of any litigation concerning the user or the or where the user has been specifically notified of a longer ete on�period requiredrby the Director. 13.06.040 Limitations on Wastewater. Strau No user shall introduce or caused to be introduced into the POTW any of the following discharges unless apprOved otherwise in writing by'the Director: (400) milligrams;per liter on 1. A. standard five.(5)day biochemical oxygen demand greater than four hundred Wastes containing more than four hundred (400) milligrams per liter of suspended solids`o'r-Y=frfty (50) pounds in any one load whichever is less. a y 3. A daily raverage flow of fifty thousand (50,000) gallons or more, or a flow greater ty(50) pounds in any one load, whichever is less. than five percent (5 of the flow carried by the treatment facility receiving the waste, whichever is less. 13.06.041 National Categorical Pretreatment Standards Page 22 of 92 The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 -471 are incorporated herein by this reference. A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with Se 13.06.041(D) and (E) (see 40 CFR 403.6(c)). B. When categorical Pretreatment Standards araxpressed in terms ofamass of ep pollutant which may be discharged per.; nit of production, the Directo iriay either ovt impose limits based on mass or equivalent effluent concentrations. The User must supply appropriate actual or projected long term production)rates for the unit of 3 production specified in order to facilitate: this process -'(See 40 CFR 403.6(c)(2)). non- categorica Page 23 of 92 C. The Director_may alloW:iwastewater subJect to a categorical pretreatment standard to be mixed witli otherrwastewatersIprio to treatment. In such cases, the User shall identify :all`.eategorical and provide sufficient information on each wastestream to determine whether is should be considered dilute for -each pollutant. Absent information showing that non categorical wastestreams contaih`the:pollutant in question at levels above that of the supply water, such wastestreams shall be considered dilute. In such situations, the Director shall apply the combined wastestream formula as found at 40 CFR 403.6(e) to determine appropriate limits. D. When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an Industrial User may request that the City convert the limits to equivalent mass limits. The City may establish equivalent mass limits if the Industrial User meets all of the conditions set forth below. 1. To be eligible for equivalent mass limits, the Industrial User must submit information with its permit application or permit modification request which: a. Shows it has a pretreatment system which ha c onsistently.,met all applicable Pretreatment Standards and maintained compliance withouta sing d b. Describes the water conserving and technologies it employs, or will employ, to substantially reduce water use ;;during the term of its permit. c. Includes the facility's actual, average daily flow.,.rate all waste streams from s continuous effluent flow meterin 4 -it te a,: d. Determines; an uni of production, and provides the present and long= avera'g€production rates' for this unit of production. iJ..rr4t c `'r 3. v fi� ,.sx. Page 24 of 92 e. Shows that longterm and production are representative of current operating conditions. pi iy` f. Showstliat its daily `flow rates, production levels, or pollutant levels do not vary so much that equivalent mass limits would be inappropriate. `A .tiM'ik g. Shows ;the daily and monthly average pollutant allocations currently provided based on the proposed unit of production. 2. An Industrial User subject to equivalent mass limits must: a. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits. b. Continue to record the facility's flow by continuous effluent flow monitoring. c. Continue to record the facility's production rates. d. Notify the Director if production rates are expected to vary by more than 20 percent from the baseline production rates submitted according to paragraph 13.06.041(D)(1)(d). The Director may reassess and revise equivalent limits as necessary to reflect changed conditions. �a e'Lt'tn''ai.. e. Continue to employ the same or comparablewater conservation methods and p� J e technologies as those implemented pu iant `to section 13.05!041(D)(1)(b) so long as it discharges under an equivalent masslimit. 3. Equivalent mass limits Page 25 of 92 a. Will not exceed the productof the actual averagedail-y flow from regulated process(es) of the User and the applicablefconcentrafion -based daily maximum and monthly av r ge standards (d the appropriate unit conversion factor). b. Maybe, reassess IF ta, and the perriiit revised upon notification of a revised b�e �Y a,. '.1r ry1 v production rate; ,asJnecessary 0N changed conditions at the facility; and `x•��`l ay be retained n subsequent permits if the User's production basis and other informaticiarSU 13.06.041(D)(1) is verified in their reapplication. The ytiy ser must also be in compliance with Section 13.06.182 regarding the prohibition of'l?ypass:�.�� E. The Director may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414 (organic chemicals), 419 (petroleum refining), and 455 (pesticide formulating, packaging and repackaging) to concentration limits in permits for such Users. In such cases, the Director will document the basis and the determination that dilution is not being substituted for treatment in the permit fact sheet. F. F. The Director is obliged under federal regulations to make ,the documentation of how any equivalent limits were derived (concentration. "mass limits or vice versa) publicly available. G. Once incorporated into its permit, the Usermust comply with the equivalent limits Page 26 of 92 in lieu of the Categorical Standards from whi'elftliey were derived. H. The same production and flow estimates =shal usedin calculating equivalent limits for the moritfily_(or multipleday average) the maximum day. I. Users subject to permits= witfi'equivalent mass or concentration limits calculated =froth w:production based standard shall notify the Director if production will significantly change. This notification is required within two business days after the ser has a reasohable basis to know that that production will significantly change in the next calendar month. Users who fail to notify the Director of such anticipated changes meet the more stringent of the equivalent limits or the User's prior limits. 13.06.042 State Pretreatment Standards The current version of the Washington State pretreatment standards and requirements, located at Chapter 173 -216 WAC, and all subsequent amendments to those standards and requirements are incorporated herein by this reference All waste materials discharged from a commercial or industrial operation into the POTW must satisfy the provisions of Chapter 173- 216 WAC. The following are required for discharges to a POTW: A. Any person who constructs or modifies or proposes to construct or modify wastewater treatment facilities must first comply with the re"aIations for submission of plans and reports for construction of waste waterfacilities, chaptere i,73 -2.40 WAC. Until the City is delegated the authority,`to reyiew and approve such plans under '4 RCW 90.48.110, Sources of non domestic discharges shall request approval for such plans through the Depar=tment,of Ecology. Toy sureconformance with this requirement, proof of the approval of siich Plans and one copy of each approved plan shall be pro ded\to the Director before commencing any such construction or modification:, tePTA B. Users shall app Page 27 of 92 e Directorfor a'permit at least 60 days prior to the intended dischargeJoRany pollutants other than domestic wastewater or wastewater that the Director has s determined is similar in character and strength to normal domestic ,wastewater with no potential to adversely affect the POTW. (WAC 173-216 050(1•.) C. All Significant Industrial Users must apply for and obtain a permit prior to discharge. D. All users shall apply all known, available, and reasonable methods to prevent and control waste discharges to the waters of the state (AKART). (WAC 173 -216- 050(3)). E. Discharge restrictions of Chapter 173 -303 WAC (Dangerous Waste) shall apply to all Users. (Prohibited discharge standards have been merged with Federal prohibitions in section 13.06.030). F. Claims of confidentiality shall be submitted according to WA6 -216 -080. Information which may not be held confidential includes4the: Name and address of applicant, description of proposal, the proposed receiving water;Jeceiving water quality, and effluent data. Claims shall be reviewed'based on the°sfandards,of WAC 173 216 -080 Chapter 42.17 RCW, Chater173- 03'WAC and RCW G. Persons applying for a new permit or a permit renewal or modification which allows a new or increased pollutant loading shall publish notice,for each application in the format provided by the City. S ith notices shall fulfill the requirements of WAC 173 -216 -090. z.liel e ire quirements include publishing: "'k'.� 1. Thename and a of the applicant and facility /activity to be permitted. 2. A brief des,'cnptiori= ofjthe�actii or operations which result in the discharge. Mobtain.additional information. °Whether any tentative determination which has been reached with respect to allowing the discharge, The address and phone number of the office of the Director where persons can 5. The dates of the comment period (which shall be at least 30 calendar days), 6. How and where to submit comments or have any other input into the permitting process, including requesting a public hearing. Page 28 of 92 H. Persons applying for a new permit or a permit renewal or modification which allows a new or increased pollutant loading shall mail notice to persons who have expressed an interest in being notified, to state agencies and local governments with a regulatory interest, and shall post the notice on the premises. If the Director determines that there is sufficient public interest, the City shallthold a public meeting following the rules of WAC 173- 216 -100. I. Permit terms shall include, wherever applicable, the requiretrientto apply all known, available, and reasonable methods of prevention, control, and treatment. J. All required monitoring data shall be analyzed by a laboratory registered or accredited under the provisions of Chapter 173 =50 WAC, except for flow, temperature, settleable solids;:cconductivity, pH, turbidity,,_ and internal process 13.06.044 Dilution control parameters. However, if the laboatoi Page 29 of 92 analyzing samples for conductivity, pH, and Turbidity must otherwise bcaccredited,1t shall be accredited for these parameters as well. 13:06:043: Right of Revision ✓1 7 �Ty l rFPl3 t y�� lie City reserves the fight tolamend this Chapter to provide for more stringent 5 x limitations or requirements on discharges to the POTW where deemed necessary to comply with'afie set forth in Section 13.06.010 of this Chapter. lief r No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve 13.06.045 Local Limits compliance with a discharge limit unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users where deemed appropriate to safeguard against the use of dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. A. The City has established local limits pursuant o 40 CFR 403.5(c), These limitations are "pretreatment standards" andare•,enforceable in wastewatef discharge Sr T Pj9 permits. The pollutant limits are established to prote et against pass through and interference and reflect the applicatibnof reasonable treatmentttechnology. No person shall discharge wastewater in excesssf the "established local limits. Pollutant „Arsenic i Win. ``:Cadmium Y Chromiu m r Copper Cyanide Lead Mercury Molybdenum Nickel Selenium Silver Zinc Page 30 of 92 Local Limit i (mg/L) 0 21 0 98 0.14 42 2 2 43 0 50 1.09 0.09 0.17 1 38 0.86 0 85 2.38 B. The limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The Director may impose mass limits in addition to a concentration based limits. C. Users discharging BOD or TSS in excess of the concentration limits by more than the threshold amount identified in section 13.06.040, must apply for a permit. The permit will specify a maximum concentration that may not be exceeded. Such Users shall be subject to surcharges up to the maximum loading limit established by permit D Users shall be subject to "instantaneous limits" (as determined by a grab sample) of equal to twice the "local limit concentration for any pollutant for which a' composite sample S• +y is required in a permit. This provision is inapplicahl to User without permits; or without the permit requirement to collect a composite sample fo analyte in question. E. The Director shall use the individual peri t°pfocess. to establish ceiling limits for compatible pollutants and: appropriate discharge limits all other pollutants not listed. This includes pollutants subject`to regulation RCRA, volatile or semi- volatile organics, halogenated tit brominated_ con pounds, poly- aromatic hydrocarbons, polymers, surfactants;' pesticide active iiigredients, etc. F. The Director may establish and require Best Management Practices for any category of User or type of_industrial process which creates a non domestic waste stream. Such requirements may be applied either in lieu of or in addition to the local limits of section 13.06.045. BMPs may also include alternative limits which may be applied at the end of a specific process or treatment step instead of at the combined effluent. Page 31 of 92 13.06.050 Accidental Discharge /Slug Discharge Control Plans The Director may require any User to develop and implement an accidental discharge /slug discharge control plan and take other actions the Director believes are necessary to control discharges which may be caused by spills or periodic non routine activities. Accidental discharge /slug discharge control plans shall include at least the following: A. A description of all discharge practices, including any non= routine batch discharges such as from cleaning, replenishment, or disposal; A B. A description of all stored chemicals, disclosing all ingredients in formulations which C. The procedures for immediatelynotifying the Directotof any accidental or slug discharge, as required by Section} 1`3`.064 .06,of this ordinance; and vJ to' 'Ipre the°occurrence or adverse impact from Such shall address the inspection and D. The procedures that will be taken any accidental3'or slug discharge. could violate a discharge prohibition if discharged,t(Ptlie sewer; maintennce'of s• torageareas.,handling and transfer of materials, loading and ;,.'.4y unto adin gi operations,control of plant site runoff, worker training, building of containmentstructures or c 't including solvents), and/or measures and equipment for emergency response. ta r 13.06.051 Haule l yWastewater Page 32 of 92 equipment, measures for containing toxic organic pollutants A. Residential wastes meeting the definition of "septage" may be introduced into the POTW at locations designated by the Director, and at such times as are established by the Director. The hauler of such wastes shall be responsible for ensuring such wastes comply with all discharge prohibitions (Section 13.06.030 of this ordinance) and other applicable requirements of the City. The Director shall require septic tank waste haulers to obtain wastewater discharge permits and provide a manifest at the time of discharge identifying the customer name, address, and volume from each residence. B. The Director shall require the hauler, and may also require the generator non- domestic waste includin FOG) to obtain a wastewater discharge permit. tAi disposal g b y Y osal of hauled P industrial waste must be first approved by the Director. 13.06.060 Pretreatment Facilities a •n Users shall provide wastewater treatmenttas'necesaryto comply w ith this ordinance and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 13.06"030 ofthis ordinance within the time limitations specified by EPA, the State, or the Director, whichever is more stringent. Any facilities i necessary for compiianc�ejshall be provded, operated, and maintained at the user's expense, and satisfy state requirethen s or review approval of "Plans for Wastewater Facilities as described in section 13.06.042. Such p1a`s sb,('EngineeringBeport, Plans and Specifications, and Operation 7X02 r,y w and Maintenance Manuals }shall be submitted as required by Chapter 173 -240 WAC to Departmerit,of Ecology for'review. Users shall obtain approval, and provide proof of eAN Department of{Ecology approval to the City, prior to construction. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this ordinance. 13.06.061 Additional Pretreatment Measures Page 33 of 92 A. The Director may immediately and effectively halt or prevent any discharge of pollutants to the POTW that reasonably appear to present an imminent endangerment to the health or welfare of persons. In such cases, the Director will provide the User advance notice if possible, but shall not delay a response to imminent endangerment. B. The Director may halt or prevent any discharge to the POTW that presents or may present an endangerment to the environment or which threatens to interferewith the operation of the POTW (including the collection system and pump stations) In sucfi'c ses, the Director shall attempt to provide not only notice to the affected User(s), but "the opportunity"to respond. C. Any User causing the Director to exercise the emergency authorities provided for under 13.06.062(A) and (B) shall be responsible for reimbursement of all related costs to the City. D. The Director may require Users to reduc or curtail certain discharges to the sewer, designate that certain wastewater be discharged only into specific sewers;' relocate and /or consolidate points of discharge, separatesewage wastestreams from industrial wastestreams, and take all other measures to the POTW and deterinine'the user's compliance with the requirements of this ordinance. E. The Director' ase on the determination that such devices are necessary for implementation of pretreatment requirements, may require any User to install and maintain, on their property and at their:.expense the following devices: 1. Asai iple facility accessible to the Director. Page 34 of 92 2. A suitable storage and/or flow equalization tank. 3. Grease, oil, and/or grit interceptors. 4. An approved combustible gas detection meter. F. Users installing any of the above devices shall ensure they are of the type and capacity approved by the Director, meet applicable building and plumbing codes, and conform to any separate requirements established by the City. Users shall locate units in areas easily accessible for cleaning and inspection by representatives of the Director. Users shall be responsible for all periodic inspection, cleaning, and repair of such devices. 13.06.080 Wastewater Discharge Permits 13.06.081 Industrial User Surveys The City is obligated under Federal law (40 CFR 403 g NPDES Permit) to identify all Users potentially, p ro subject to the pretreatment am and the r 1`v character and volume of pollutants discharged suchUsers. To- satisfy this requirement, all sources of non domestic discharges to the POTW'must, upon request of the Director, ,t periodically complete fIndustrialk�User Surve form /Fsers shall fully disclose the information .7.�y h, `Y' 5,a r1 requested and sign the completedforin,,;inmaccordance with section 13.06.086. Proper completion of survey requirements -is a condit initial and continued discharge to the public sewer systenE31Users failing to comply2with survey requirements within 30 days shall be subject to all enforcement measures authorized under this chapter including termination of service. The Director is authorized,to prepare several forms for this purpose and require completion of the particular form which`the Director determines appropriate to provide the information needed to categorize each User. The Director shall be authorized to categorize each User, provide written notice of a User's categorization and what it means, and revise this categorization at any time. Page 35 of 92 'and Depaitinent of Ecology 13.06.082 Wastewater Discharge Permit Requirement A. No User categorized by the Director as a Significant Industrial User shall discharge wastewater into the POTW without first (1) Filing an appropriate Application with DOE and (2) obtaining an individual wastewater discharge permit from the Department of Ecology i,.v (DOE). A Significant Industrial User that has filed a timely application pursuant to section 13.06.083 of this ordinance may continue to discharge unless and`until4notified otherwise by DOE to the City. B. The Director may require all other Users to obtain w discharge permits, or implement Best Management Practices, to carry out the purposes of this ordinance. For example, a wastewater discharge :permit may berequired solely for flow equalization. C. Any failure to rr c omplete the required survey fo`i set. �3�' violate the_terms..and conditions of a wastewater Page 36 of 92 apply for and obtain a required permit, or discharge permit shall be deemed violations of this ordinance and subject the discharge permittee to the sanctions set out in Sectioish 1.3.06.150 through 13.06.170 of this ordinance. Obtaining a wastewater discharge permit doesnot relieve dpermittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. 13.06.083 Wastewater Discharge Permitting: Existing Connections Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this ordinance and who wishes to continue such discharges shall, within thirty (30) days after said date, apply to the Director for a wastewater discharge permit in accordance with section 13.06.085 of this ordinance; and Shall not cause or allow discharges to the POTW to continue after sixty (60) days of the effective date of this ordinance except in accordance with a wastewater discharge permit issued 'Wyllie Director. 13.06.084 Wastewater Discharge Permitting: Ne_:Connections filed at leastkiinefy obtain vi a nor to commencing discharge. 13.06.08, Page 37 of 92 Persons wishing to discharge non domestic wastewater must first complete either a survey form (if they do not expect a permit'is:needed) or a permit application. Any User identified by the Director through the survey as needing a permit must file a permit application. Applications for wastewater discharge permifs zn:iaccordah&with Section 13.06.085 of this ordinance, must be ,days prior t othe desired date of discharge, and the discharge permit astewater Discharge Permit Application Contents A. All users required to obtain a wastewater discharge permit must apply using the form provided by the Director. Users must supply the Director the following information as part of the permit application if relevant to the Users operation unless waived by the Director. 1. Identifying information. a. The name and physical address of the facility, the names of the operator /facility manager and owner, and the name and address of the point of contact; b. A description of activities, facilities, and plant production processes on the premises. 2. A list of any environmental control permits held by or ford he facility. 3. A description of operations and facilities includin a. A brief description of the operations, average'rate of prod cti 'on and industrial classification (SIC or, codesypf the "G.w�,,{(F'. c�(s) conducted b. The number and type of einploy and propos &dor actual hours of c. d. The type: and.amountofraw7'materials used (average and maximum rates). tov eraw materi*and chemicals to be routinely stored at the facility wG (including.,produ &in rail cars and tank trucks located on site). h. on site. operation. The type; amount, rate of production, an process used for each product Page 38 of 92 The types; of wastes generated on a routine and periodic basis. climes and durations when wastes will be discharged. A process diagram showing each process step, waste stream, treatment step, internal recycle, and point of discharge to the POTW. This diagram should identify which streams are subject to categorical standards. i. Site plans, floor plans, mechanical and plumbing plans, and details to show all J. sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge. The sampling locations and provisions for monitoring discharges. k. Whether plans for wastewater facilities under Chapter 173 -240 WAC have been developed, and their approval status (EngineeringReport, Plans and Specifications, and an Operations and MaintenanceyManual). 4. Flow data. The average daily and maximum daillow, in gallons per day, to the POTW from each waste stream. Information:shall be complete enough allow use of the combined wastestream formula peSection 1 3.06 041(C)(and 49FR 403.6(e)) where applicable. 5. Pollutant data. a. The categorical pretreatment standards; applicable to each regulated process. b. The results3of sampling and analysis identifying the nature and concentration, (andriass whererequired by the 'standard or the Director), of regulated pollutaritsduir,the =discliargefromeach regulated process. c. =Thefestimated instantaneous, daily maximum, and long -term average discharge- ,concentations (and mass) based on the sampling results. arnpling data tdfshow samples are: epresentative of daily operations. b. Taken just downstream from pretreatment facilities if such exist, or just downstream of the regulated process(es) if no pretreatment exists. c. Collected as required by Section 13.06.111 of this ordinance. d. Analyzed according to Section 13.06.110 of this ordinance. Page 39 of 92 7. Information confirming BMPs. Where standards specify a BMP or pollution prevention alternative, the User must include the information needed by the Director or the applicable standard to determine whether BMPs are (or will be) implemented. 8. Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge must include new sampling showing (continued) absence: ofthe pollutant in the raw wastewater and satisfying Section 13.06.104.B. 9. Any other information deemed necessary by, the Director to evaluate .tlie situation and prepare a discharge permit. for revision. The City shall be held harmless for Page 40 of 92 B. Incomplete or inaccurate applications'will;_not be processed "arid yi Ukbe returned to the user ays, caused returned applications. 13.06.086 Application Signatories and Certifications A. All survey form s'.wastewater, ischarge permit applications, and user reports must be anrauthorize representative of the user and contain the certification statement in Section 13.0,6':-1'14 A. Jsers shall submit a new authorization if the designation of an authorized representative pis no longer accurate. This includes when a different individual or position,a.s' responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company. The User must submit the new authorization prior to or with any reports to be signed by the new authorized representative. 13.06.087 Wastewater Discharge Permit Decisions After receipt of a complete wastewater discharge permit application, the Director will determine whether or not to issue a wastewater discharge permit. The Director may deny any application for a wastewater discharge permit or require additional safeguards, reports (including plans under Chapter 173 -240 WAC), or information. For Users not meetingthe cnteria of Significant ,n yF lrr'€*l,' Industrial Users, the Director may also waive or defer a permit, or allowidischarges in the interim while a permit is being prepared. 13.06.090 Wastewater Discharge Permits 13.06.091 Wastewater Discharge Permit Duration The Director may issue a wastewater discharge effective date. Each wastewaterdischarge permitwill 13.06.092 Wastewater Discharge Permit Contents fora:penod of up to five (5) years from its indicate its expiration date. astewater discharge permitsywill include conditions the Director deems reasonably necessary to carry out the goals of the pretreatment program (section 13.06.010), federal and state regulations, 'aidtthe requirements of this Ordinance. w�•.. '-.c. y A. Wastewater discharge permits will contain: 1. The permit issuance date, expiration date, and effective date. 2. A statement that the wastewater discharge permit is nontransferable without prior Page 41 of 92 notification to the City in accordance with Section 13.06.095 of this ordinance, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit. 3. Effluent limits, including Best Management Practices, based on applicable pretreatment standards and requirements to apply AKART. (see section 13.06.042(I). 4. The pollutants to be monitored, and specific monitoring requirements. This includes the sampling location(s), samplink, frequencies, and sample types consistent with Federal, State, and local=law. (See:-Section 13.06.0420) 5. Requirements to submit certain reports (as reflected in section 13.06.100), provide various notifications, keep "records, and implement best management practices, 6. The process to be used to request a waiver from monitoring for a pollutant neither present nor expected to be preserit the Discharge in accordance with Section 6.4 B, or a Specific waived pollutant in the ,case of an individual permit. 7. A statement applicable; civil aiid'criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may extend the time for compliance beyond that required by applicable Federal, State, or local law. Page 42 of 92 8. Requirements to control slug discharges, including to develop, update, and implement slug discharge control plans (find required content in section 13.06.050) where the Director determines such plans are important to preventing accidental, unanticipated, or non routine discharges. 9. Any monitoring which has been conditionally waived by the Director according to Section 13.06.104 (B) but which automatically applies at any time the requirements of the conditional waiver are not met. 10. Reapplication requirements. B. Wastewater discharge permits may contain, but need not be limited to, the following conditions: 1. Pretreatment facilities and measures required bPS`ection 13106.061 and 13.06.062 of this Ordinance. 2. Limits on the average and/or maximumrate of discharge, time of discharge, and /or requirements for flow regulation andtequalization. 3. Requirements to install pretreatment technology, controls, or to Wy,dli„Ryi` construct appropriate containment devices eliminate, or prevent the introduction.ofpollut 4. Requ ements to dev 1 op the amount ofpolliutanfs` Requirements to pay char strength clafges. sampling l= uirements t q Re o install and maintain inspection p g ection and facilities and p equipmenttincluding flow measurement devices. 7. Notice that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit. into the treatment,works, ground, or stormwater. and impl waste minimization plans to reduce ischarged to the POTW. ges or fees for discharge to the POTW including high Page 43 of 92 8. Other conditions as deemed appropriate by the Director to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations. 13.06.093 Permit Issuance Process A. Public Notice. Users shall follow the procedures for public notice found in section 13.06.042(G) and (H). The Director shall consider andtr i5rid to public input as appropriate prior to issuance of a permit. B. Permit Appeals. The Director shall provide p notice`of the issuance of a wastewater discharge permit. Any person, includirigIthe user, may petition the Director to reconsider the terms o_ days of notice of its issuance. the administrative'appeal. �R. the appeal. a w a`stewater discharge permit within thirty (30) Page 44 of 92 1. Failue to -isubmit a tim ely petition for'`review shall be deemed to be a waiver of In its petitioii,;the appealing party must indicate the wastewater discharge permit rovisions objected to, the reasons for this objection, and the alternative condition, with rationale to support alternative conditions, if any; it seeks to place in the wastewater discharge permit. 3. The effectiveness of the wastewater discharge permit shall not be stayed pending 4. If the Director fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review. 5. Aggrieved parties seeking judicial review-fol fi nal administrative wastewater discharge permit decision must do soby= =filing a complaint with Superior Court of Clallam County within 30 days. 13.06.094 Wastewater Discharge Permit Modification` The Director may modify 'a;lwastewater discharge permit for good cause, including, but not limited to, the folio` 'wing reasotz yk p vHP.v B A. To incorporate anynew or revised` Federal, State, or local pretreatment standards or gi p -=G, requ includir grew or revised; local l To address new* changed operations, processes, production rates, waste streams, or changes in watei volume or ,character. C. To reflect-conditions at the POTW requiring an authorized discharge to be reduced or curtailed. Such requirements may be either temporary or permanent. D. Based on information indicating that a permitted discharge poses a threat to the POTW or staff, the receiving waters, or to violate a prohibition of this Chapter. E. To address violations of any terms or conditions of the wastewater discharge permit. Page 45 of 92 F. To address misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required report. G. To incorporate revisions based on a variance from categorical pretreatment standards approved pursuant to 40 CFR 403.13. H. To correct typographical or other errors in the wastewater discharge permit. I. To reflect a transfer of the facility ownership or operationto a new owner or operator as required under Section 13.06.095. be charged. If a permit modification requires more than two hours of review time, atffeeof 100 will 13.06.095 Wastewater Discharge'ermit Transfer Wastewater discharge permits may be'transferred totila`new owner or operator only if the permittee gives at least thirty (30) days advance `notice to the Director and the Director approves the wastewater disci argeapermit transfer. Failure to "provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. The notice to the discharge peunit. Page 46 of 92 Director include'awritten ce by the new owner or operator which: A. Statessthat the new owner and /or operator have no immediate intent to change the facility's operations and processes. B. Identifies the specific date on which the transfer is to occur. C. Acknowledges full responsibility for complying with the existing wastewater 13.06.096 Wastewater Discharge Permit Revocation The Director may revoke a wastewater discharge permit for good cause, including, but not limited to, instances when a User has: A. Failed to notify the Director of significant changes to the wastewater prior to the changed discharge. Section 13.06.105 of this ordinance. wastewater discharge permit to that user. Page 47 of 92 B. Failed to provide prior notification to the Director of‘ankconditions pursuant to C. Misrepresented or failed to fully disclose,..all'relevantfacts in the wasteWatpi -4WAN J-72- ittg2N discharge permit application. c ;4, D. Falsified self monitoring reports or tampered witli'nfonitoring equipment. E. Refused to allow the Director tiiiiety*oess,..to the facilitY;premises and records. F. Failed to meet effluent limitations cdridifidiis. G. Failed to pay4Pplicableanes or sewei:charges. _""--1"-7 14. Failed to deadline dates. -:4 1. Failetto.,c,omplete"diEWastewater survey or wastewater discharge permit application. Failed to provide advanceribtice of the transfer of business ownership. z:ft- ..-.1:-' iolated any pretreatment standard or requirement, or any terms of the wastewater disa permit'or this ordinance. L. Ceased OPentions. M. Transferred business ownership. Wastewater discharge permits issued to a user are void upon the issuance of a new 13.06.097 Wastewater Discharge Permit Reissuance A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordanceawith Section 13.06.085 of this ordinance, a minimum of ninety (90) days prior to theexpiration of the user's existing wastewater discharge permit. 13.06.098 Regulation of Waste Received from ()tar A Jurisdictions A. Prior to allowing wastewater t Fliereceived for treatnierOpm another municipality, or from a User located outside the municipal corporate bo the City, the City shall be empowered and obliged to enter•,:.,i an inter- municipal agreement with the contributing municipality (County, City, Town; Sewer District or other municipal corporation recognized under State Law). Such a -,,,,-----,,o., hl in an enforceable manner to ensure 'A "tea that the pretreatment -4, is `full- e quitably administered in all contributing jurisdictions. tr 4 e Any such d'ificatio 10 agreement or mon u t such an agreement shall be reviewed by the City's legal d V counsel a nd s be submitted, together with the opinion that it is legally sufficient, to the Approval Authority( Dep of Ecology) and processed as a minor program modification. B. Prior to entering into an agreement required by paragraph A, above, the Director shall request the following information from the contributing municipality: 1. A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality; Page 48 of 92 2. An inventory of all users located within the contributing municipality that are discharging to the POTW; and 3. Such other information as the Director may deem necessary. C. An interlocal agreement, as required by paragraph A, above, shall contain the following provisions: 1. Requirements for contributing municipalities to adopt a sewer ;use ordinance which establishes Pretreatment Stand d su and Re as stringent as in this z rye ordinance (Sections 13.06.030 through 13.06':045). The Ordinance provisions and rior to discharge. limits must be revised to conform,within a reasonablie,,tirne frame (within 9 months) to any future revisions of the Cty'snordinance. 2. Requirements for t h e contributing',municipality to submit a revised user inventory one ate Ieast -anr'ann ual�basis, and reinforce requirements to obtain a A clear division of responsibilities for implementing each pretreatment related activityunder this Ordinance or in the City's National Pollutant Discharge Elimination System (NPDES) permit. Such tasks include reinforcing prohibitions, locating users, issuing wastewater discharge permits, conducting inspections, sampling, evaluating compliance, initiating enforcement, and reporting compliance. Any activities which will be conducted jointly by the Page 49 of 92 13.06.100 13.06.101 agreement: contributing municipality and the Director must also be identified. 4. Requirements for the contributing municipality to provide the Director access to all information that the contributing municipality obtains as part of its pretreatment activities; needed, will be negotiated. categorized, etc. Reporting Requirements Baseline Monitoring Reports 5. The nature, quality (e.g. conventional and toxic pollutant-` concentrations), and volume (peak and average flow rates) the contributing municipality is allowed to discharge to the City. How and where-compliance.will be measured,- fees for service and surcharges will be established andhow additional loading capacity, if 6. Provisions, ensuring the Director may enter and inspect Users located within the contributing municipality's jurisdictional boundaries to confirm that the pretreatmeri(proga n is hero properly administered; Users are properly Provisionsfor addressing any breach of the terms of the inter municipal A. When a Categorical Standard for an industry category are published, Users that Page 50 of 92 perform that process and either currently discharge or are scheduled to discharge wastewater from the process to the POTW, must submit a "baseline monitoring report" to the Director. This report must contain the information listed in paragraph C, below. The report is due within one hundred eighty (180) days after the effective date of a categorical pretreatment standard, unless the final administrative decision on a category determination comes later (reference 40 CF'403.6(a)(4) for details of how that works). B. Users that wish to begin discharging 44tater o r gi gi g to the:POTW from operations k subject to categorical standards after EPA has published the standards (called New Sources), shall also submit a b seline monitoring eportk ,td >the Director containing the information listed in paragraph C, be lo Page 51 of 92 wetter; for New Sources, the report must be provided at least ninety (90); days before to discharge. New Sources shall descrili&the metlioa of pretreatment they intend to use to meet applicable categorical standards: Becau uto n ng data will not be available for proposed facilit'ies;,New Source`s.;fnstead must provide estimates of the anticipated flow rates and quantity of po11utantsit% be discharged. C. The Bas Report shall include the following information: 1. All information required in section 13.06.085.A(1) through 13.06.085A(7). 2. Additional Conditions for Existing Sources Measuring pollutants. a. Users shall take a minimum of one representative sample to compile the data for the Baseline Monitoring Report. b. Users shall take samples immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If the user mixes other wastewaters with the regulated wastewater prior to pretreatment, the User must provide the flows and concentrations necessary to apply the combined wastestream formula of section 13.06.041(C) and 40 CFR 403.6(e). Where the User wants an alternate concentration or masslunit, and1ifs allowed by federal rules at 40 CFR 403.6(e), the Usershall propose the adjusted limit and provide supporting data to the:iControl Authority. "''4- 14.4 c. Sampling and analysis shall be performed in accordance 13.06.110 (Analytied13Requirements), and Section 13.06 Collection). d. The Director allow the report to use only historical data if the data is 'to allows the evaluation of whether (and which) industrial fife ge pretreatment'm r easures e..needed. e baseline shall indicate the time, date, and place of sampling, methods of analysis. The User shall certify that the sampling and analysis Page 52 of 92 with Section .111 (Sample presented is representative of normal work cycles and expected pollutant ischarges to the POTW. 3. Compliance Certification. A statement, reviewed by the user's authorized representative as defined in Section 13.06.020 and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O &M) and/or additional pretreatment steps are required to meet the pretreatment standards and requirements. A qualified professional could be someone that has experience and training with the equipment and could also be a manufacturers representative or a Professional Engineer. 4. Compliance Schedule. While New Sources must install thetreatment required to mPPt t1,P PrPtraatt i t ata»4nr,c rvr:n fn nr.ornty�r. C 1. ordinance r£a *ry 5. Signature an 13.06.102 Compliance Schedule Progress Reports Page 53 of 92 granted a compliance schedule where they must`,provideadditional pretreatment and/or O &M to meet the pretreatment standards. In such cases, the._User_ shall propose the shortest schedule by which they can provide the additional pretreatment and/or O &M. The completion date which the User proposes in this schedule may not be later tl an the compliance dateestablished for the applicable pretreatment standard. Any compliance ^schedule pursuant to this section must ai`so meet the requirements set oat in Section 13.06.102 of this v reports ifi "cation: All baseline re orts must be in accordant e with Section 13.06.114 A of this ordinance and signed by representative as defined by Section 13.06.020C. The following conditions shall apply to compliance schedules proposed by operators of Existing Sources according to Section 13.06.101(C)(4) of this ordinance and incorporated into permits: A. The schedule shall establish dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning ,and conducting routine operation); B. No increment referred to above shall exceed nine (9) months; C. The user shall submit a progress report to the Directorto later than fourteen (1i) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the incrementxf progress, the reason for any delay, and, if appropriate, the steps beirigtakenby the user to rn retuto the established K ati °,n a., z 1 schedule; and Director. 13.06.103, Deadline Page 54 of 92 D. In no event shall more than`iine (9) months elapse between such progress reports to the eports'on Compliance with Categorical Pretreatment Standard Both;Existing Sources and New Sources must submit a report on whether compliance has N rqv been initially achier °Tor Existing Sources, the report is due ninety (90) days after the date applicable categorical standards give as the final compliance date. For a new source, the report is due 90 days after starting to discharge to the POTW. In both cases, the report must contain the information described in Sections 13.06.085.A (3) through 13.06.085.A (6). For existing sources, it must also contain the compliance certification of 13.06.101.0 (3) and, if needed, the compliance schedule described in 13.06.101C (4). Users subject to equivalent mass or concentration limits, as allowed by section 13.06.041, must include a reasonable measure of their long -term production rate. Other users subject to standards based on a unit of production (or other measure of operation) nu st,include their actual production during the sampling period. All compliance reports mustbesigned and certified in accordance with section 13.06.114 A of this ordinance. 13.06.104 Periodic Compliance Reports A. The Director may specify the necessary minimum sampling and reporting frequencies and include applicable requirements=m permits. Significant Industrial Users (SIUs), must: 1. Report at least twice a year, in June and December, unless otherwise specified. 2. Report tle„flo.ws and 'concentrations of regulated pollutants in all discharges subject to pretreatment standards. Report and ma dnium daily flows for the reporting period and identify where flow 'estimates are used. Include the documentation needed to show compliance with applicable BMPs, polhitioiiprevention alternatives, maintenance, treatment, or record keeping requirements. Page 55 of 92 B. The Director may authorize a CHI to forego sampling of a pollutant regulated by a categorical Standard when it is not present in raw wastewater provided: 1. The CIU submits a request for the waiver with their permit application or reapplication (see Section 13.06.085A(8)). 2. The CIU analyzes a sample (or samples) representative of all wastewater from all processes before any treatment and includes all results with the request. 3. The CIU demonstrates through source water and untreated process water sample results that the pollutant never exceeds intake water levels:= (Pollutants simply reduced by treatment to background levelsareneligible for the waiver.) Jtr yp Y 'rryijY 4. The CIU shows, where non- detectablesample resutts are returned ii (2) or (3), that they used the method from 40 CFR Part ::1'36 with the lowest detection level. 5. The duly authorized representative of the CIU signs7the request using the Page 56 of 92 expected to bepresent based on changes to the User's operations. J certification statement of Section 13':06:1' 6. The CIU includes;� routine and tA h toring reports, the statement in Section `T:0 ;1 S i n 13.06.11 :C certifying that there has no increase in the pollutant in its waste stream due to°aetivities °oftl e ndu`strial User. e :CIU reports an d' immediately resumes the monitoring which would otherwise have been requ upon discovering that a waived pollutant is present or The Directorlill document the reasons supporting the waiver in the Permit Fact Sheet, and keep any information submitted by the User and the fact sheet for 3 years after the waiver expires. Monitoring waivers are valid after being incorporated in a User's permit. The waiver is in effect while the Permit is effective, up to 5 years. The Director may cancel a monitoring waiver at any time for any good reason. C. The Director may reduce the minimum periodic compliance reporting frequency for CIU's from twice a year (Section 13.06.104 A) to once a year where the CIU: (1) Discharges wastewater subject to categorical standards at a rate less than one gallon per every 10,000 gallons of POTW design maximum monthly average flow capacity (per the [City] NPDES CIU musaheasure,their discharge using a continuous (or "totalizing) effluent flow meter.41f the CIU discharges in batches, the Director will determine eligibility by dividing total flows in all batches which contain any proportionsubject to categorical regulation by the number of days''t calendar mo ith3 (2) Discharges less than 5,000 gallonssof•wastewater subject to categorical ti `'n'gki. k t i qt I standar 't" -the -ma imai day (including for batch dischargers). Page 57 of 92 J is in fdii operation in a given (Th•Disc1 arges categorical wastewater with less than one pound of BOD5 per each 10,000 pow ds of POTW loading capacity. POTW loading capacity is the design maximum monthly average BOD5 loading capacity per the City's 'NPDES permit (or if not included in the permit, in approved City plans). (4) Discharges less than 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by both an applicable Categorical Standard and a local limit in Section 13.06.045 of this ordinance. (5) Has not been in Significant Non Compliance as defined in this Ordinance D. Users must sign and certify all periodic compliance reports in accordance with section 13.06.114 A of this ordinance. E. Users must take wastewater samples whchare representative of their range of discharge conditions and of any discharge not disclosed irkheir permit application. Users must properly operate, clean, and maintain sampl'ingand flow metering; facilities and devices and ensure they function properly. The Directofmay notallow User. claims that sampling results are unrepresentative due to a Users;.failure to meet this requirement. F. Users subject to the:reporting-r quirements in this section must report any additional monitoring; which -inight_determine-compliance with permit requirements. This includes any addition I monitoring of regulated pollutant at their respective effluent monitoring locations during the prior two years. (6) Has daily flow rates, production levels, or pollutant levels that are consistent enough the Director believes will allow representative data at the decreasing reporting interval. using procedures, prescribed=ih- Section 13.06.111 of this ordinance. In such cases, the results of this monitoring sh 11 be in periodic monitoring reports. G. Users that send electronic (digital) documents to the City to satisfy the requirements of this section must meet all state and federal electronic signature requirements: Electronic data shall be in the format required by the Director. The Director may also require reporting in both Page 58 of 92 digital and traditional format. 13.06.105 Reports of Changed Conditions system which might alter the nature, quality, or volume of its wastewaters This notification must be made at least thirty (30) days before the desired change ai be sent to Direct and the receiving POTW. In such cases: F A. The Director may require the.User to submit whafev information is needed to evaluate the changed condition. The Director mayKalso require a newl'or revised wastewater discharge permit application under Section 13:06.085 of this ordinance. Each User must notify the Director of any significant changes tothe U'ser's operations or a4 13.06.106 Reports,of Potential Problems Page 59 of 92 B. The Directormay issue; r eissue, or modif a wastewater discharge permit applying the procedures,of Section 13.06:093 of this ordinance in response to a User's notice under this c am 4 A. Any User which has any unusual discharge that could cause problems to the POTW must immediately notify the Director by telephone of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user to control and curtail the discharge. Such discharges may include spills, slug loads, accidental discharges, or other discharges of a non routine, episodic nature. Problems to the POTW which require reporting under this section include violating pretreatment prohibitions, treatment standards, or other requirements of Section 13.06.040 of this Ordinance such as vapor toxicity and explosivity limits. B. Within five (5) calendar days following such discharge, tleUser shall submit a detailed written report describing the cause(s) of the dischargeand the measures to be taken by the user to prevent similar future occurrences. Such notif`catiofshall not relieve; the user of any expense, loss, damage, or other liability which maybe` recurred as?ya result of damage to the POTW, natural resources, or any other damage to person orb" roperty; nor shall such notification 9t13nac relieve the user of any fines, penalties, or other, liability which rnaykbe imposed pursuant to this ordinance. C. Regardless off whether tl�e User has been required to submit a Slug Discharge Control Plan (per section 13.06.050); a11U'sers.shall ,po notice in a prominent location advising employees•:wlio` to'call at the POTW .to in the Director of a potential problem discharge fit,Y (13.06:1.06 A). Users shall•ensure th all employees who may cause or witness such a discharge are advised of:the emergencyLLnotification procedures. D. All Users'inust immediately notify the Director of any changes at their facility which might increase their potential for a slug discharge. This includes increasing the volume of materials stored or located on site which, if discharged to the POTW, would cause problems. Users required to prepare a Slug Discharge Control Plan under section 13.06.050 shall also Page 60 of 92 modify their plans to include the new conditions prior to, or immediately after making such changes. 13.06.107 Reports from Unpermitted Users All users not required to obtain a wastewater discharge permit or general permit shall provide appropriate reports to the Director as the Director inalrequire. Tfii includes periodically completing and signing Industrial User Surveys. 13.06.108 Notice of Violation/Repel Sim ling and Reporting If sampling performed:N a U s is User indicate violation; the User must notify the Director r 0 0441 within twenty -four (24);=hours of becoming awareoLthe violation. The User shall also repeat the k Mfr *1- and analysis and' submit'the'r°esults ofth repeat analysis to the Director within thirty Page 61 of 92 13.06.109 Notification of the Discharge of Hazardous Waste (30) days after' of the violation. The Director may waive the repeat sampling requirement where the City has sampled the effluent for the pollutant in question prior to the Vok User obtaining sampling resi.%lts. A. Any User who discharges any substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261, or Chapter 173 -303 WAC must also comply with the following requirements: 1. Notify the Director, the EPA Regional Waste Management Division Director, and Washington State Hazardous Waste Toxics Reduction Personnel, in writing, of the discharge. Maintain a copy of this notification and include it in all subsequent permit application or re- applications under this Chapter. 2. Include the following information in the notification a. The name of the hazardous waste as found;iii;_40 CFR Part 261, c. The type of discharge (continuous, batch, or other). 3. If the discharge totals more than 220,: ound it any month, alsoprovide: a. The hazardous constituents contained -in the wastes, b. The EPA hazardous waste number b. An estimate of the;mass..and concentrationof hazardous constituents ischarged 'during •tl calendar month, and o re —.s��. h 3 Ah estimate of the mass of constituents in the wastestream expected to 4. This notce;'s be repeated°;for new or increased discharges of substances subject••to this r porting•requirement. l ro. i All notifications cations must take place prior to discharging a substance for which V these reporting requirements apply. If this is not possible, the notice must be rovlde as soon after discharge as practical and describe why prior notice was not possible. e discharged during the;fo'1•lowing twelve (12) months. Page 62 of 92 6. Users must provide notifications under this paragraph only once to EPA and the State for each hazardous waste discharged. However, all of the information of these notices shall be repeated in each new permit application submitted under this Chapter. 7. This requirement does not relieve the User from requirements to provide other notifications, such as of changed conditions under Section 13.06.105 of this ordinance, or applicable permit conditions, permit application requirements, and prohibitions. 8. The notification requirements in this section do notapply to pollutants for but must be reported to the`Director. which routine monitoring and reporting is required ii permit under this ordinance. Page 63 of 92 B. Users must report all discharges of more than tliifty three (33) pounds in a 30 day r• w period of substances which, if otherwise disposed of would be hazardous wastes. Users must also report any discharge of acutely hazardous wastes' aTsyspecifiean 40 CFR 261.30(d) and 261.33(e). Subsequent montlzs'during which tlit user discharges more of a hazardous waste for which notice has alreadybeen provided do not require;another notification to EPA or the State, ._If new regulations underRCRA describe additional hazardous characteristics or substances asa hazardous waste, the User must provide notifications under paragraphs A, if required by paragraph B, ninety (90) days of the effective date of such regulations. D. For any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical and shall describe that program and reductions obtained through its implementation. E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law. 13.06.110 Analytical Requirements All pollutant sampling and analyses required under this ordinance shall conform to the most current version of 40 CFR Part 136, unless otherwise °specifi`edhin an applicable categorical pretreatment standard. If 40 CFR Part 1 6 does not contain sampling or analytical techniques for a pollutant, or the Director determines that th'e-Part 1.36 sampling and analytical techniques are inconsistent with the goal of the sampling, the may€specify an analytical method. If w`b a .F'w 40 neither case applies, Us ers =shall useNalidated analytical methods or applicable sampling and analytical procedures ppro ed by 13.06.11 t ftw Sample', Page 64 of 92 Usersmust ensure all $am les they collect to satisfy sampling requirements r.. P Y fY under this p b q ordinance are representative of the range of conditions occurring during the reporting period. e Users must also ensur that, when specified, samples are collected during the specific period. A. Users must use properly cleaned sample containers appropriate for the sample analysis and sample collection and preservation protocols specified in 40 CFR Part 136 and appropriate EPA guidance. E. The Director may authorize composite samples` fo arameters unaffected by the B. Users must obtain samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds using grab collection techniques. C. For certain pollutants, Users may composite multiple grab samples taken over a 24 -hour period. Users may composite grab samples for cyanide, total phenols, and sulfides either in the laboratory or in the field, and may composite grab samples for volatile organics and oil grease in the laboratory prior analysis. �6� D. For all other pollutants, users must employ 24 -hou4h w -propo tional composite samplers unless the Director authorizes or requires any alternative sample collection compositing procedures, as a o�riate. p gP pP� P F. The Director may require grab samples either in4ieu of or in addition to composite sampling to show with i limits. G. In all cases Users mustttake care to ensuree:the samples are representative of their wastewater discharges: method. H. ,;Users sar p1ing to complete baseline monitoring and 90 -day compliance reports •,W, V G.d .d' required by Section 13.06;101 and 13.06.103, must satisfy some specific Sir requirements. T reports require at least four grab samples for pH, cyanide, total phenols ;oiharid grease, sulfide and volatile organic compounds. Users may composite samples prior to analysis if allowed in 13.06.111.C. Where historical Page 65 of 92 sampling data exists; the Director may also authorize fewer samples. I. For periodic monitoring reports, (Section 13.06.104), the Director may specify the number of grab samples necessary to assess and assure compliance with applicable 13.06.112 Date of Receipt of Reports The Director will credit written reports as having been submitted on the date of the post mark when mailed through the United States Postal Service. Reports delivered in any other manner will be credited as having been submitted on the businessAdWIeceived. 13.06.113 Record Keeping Users subject to reporting requirements of this ordinance shall retain the below records for all monitoring required by this ordinalrik and for any additional' monitoring which could be used to satisfy minimum monitoring requirements Users make these records available for pretreatment standards and requirements. Page 66 of 92 inspection and copying at the_location of the discharge. Users must similarly maintain documentation associated_ with any Best Management-Practices required under authority of Section 13.06.045 C. Monitoring-Rcordsshall:in Jude at least: A. The 4ime= date- and place of "sampling. The sampling an ;preservation methods used C. The' person taking the "sample and persons with control of the sample prior to analysis. D. The person: performing the analyses and the date the analysis was completed. E. The analytical techniques or methods used. F. The results of analysis. Users are encouraged to retain quality control and quality assurance information provided by the laboratory and submit this information in routine reporting. This information also has value in the event that the sample data is called into question. For analytes for which Washington State requires use of a certified/accredited laboratory, Users must maintain the scope of accreditation for laboratories performing any analyses for them. Users shall maintain the above records for at least four (4) years, after permit expiration, or until any litigation concerning the User or the City is complete, or for longer periods when the 4 l' `g user has been specifically notified of a longer retention eriodr'b Dir tor. p Y g p ylt is 13.06.114 Certification Statements 4 A. The following certification statement must be signed by an authorized representative t.)in as defined by Section 13.06.020 and inclu ;when submitting: ,a. y i' S t 1. A permit (re- )application 'in accordance ,with Section 13.06.086; 2. A baseline motj report' rid er Section 13.06.101 B (5), 3. A report on compliance with theategorical pretreatment standard deadlines under Section }3: 06µA03,, Xp eriodic co -report required by Section 13.06.104 A D, or 5. An initial;:"request, fo forego sampling of a pollutant based on Section 13.06.104B(4) Page 67 of 92 "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." B. Annual Certification for Non Significant Categorical IndustrialdUsers A facility determined to be a Non Significant Categorical Industrial User by the Director pursuant to 13.06.020 and 13.06.086 C must complete the below statement and sub uteit to the Director (a) The facil'itydescrited' as Page 68 of 92 ;r.' annually. The statement must be signed by an authorized'representative (Sect' o, 3.06.020): s._ +ii s Based on my inquiry of the person or persons°directly responsible for managing compliance with the categorical°;Pretreatment Standards,:under 40 CFR I certify that, to the best of my know11 ed`g' e`and belierthat during the period from to M [months, days, year] acilityname] met; of a Non Significant categorical Industrial User as described-in 1.4 FF:;(3) [40 CFR 403.3(v)(2)]; (b) the= facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information. C. Certification of Pollutants Not Present Users that have an approved monitoring waiver base the following certification statement in each report. This Statement certifies that there has been no increase in the pollutant in its wastestreain_ :due to activities of the.user: Based on my inquiry of the person or'persons. directly responsible for managing compliance wthtfie „Pretreatment =Standard for 40 CFR [specify kp, applicable National "Pretreatment Standard part(s)], I certify that, to the best of my knowledge and�lbeh'efh th has been no increase in the level of [list yak pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last lic report/under 13.06.114. 13.06.120 Compliance Monitoring 13.06.121 Right of Entry: Inspection and Sampling The Director shall have the right to enter the premises of any user to determine whether Page 69 of 92 .06.104 B must include the User is complying with all requirements of this ordinance and any wastewater discharge permit or order issued hereunder. Users shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. operations. 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,sth e Director will be permitted to enter without delay for the purposes of performingspecific 'responsibilities. B. The Director shall have the right to setup'.'.ontthe user s installation of, such devices as are necessary to conduct sampling and/or metering of the user's C. Users shall provide fiilll access to the Director utilities available or required in acco with sections (6) to confirm that the sta "tr re for ,p- roperty, or require toii'se any monitoring facilities and 13.06.060(A) and 13.06.060(B)(5)and discharge to the sewer are being met. 1 r p�. ld: Any temporary or permanent obstruction to safe and easy access to the facility to be inspected arid%br sampled shall be promptly removed by the user at the written or verbal request of the Director and shall riot be replaced. The costs of clearing such access shall be borne by the +LJ.i user. E. Any unreasonable delay in allowing the Director full access to the user's premises and wastewater operations shall be a violation of this ordinance. Page 70 of 92 13.06.122 Search Warrants The Director may seek issuance of a search warrant from the Clallam District Court No.1. Such warrants may be secured when: A. The Director has been refused access or is unable to locate a representative who can authorize access to a building, structure, or property, or any part thereof, and has 4t( probable cause that a violation of this ordinance is ocd&ngin the premises. B. The Director has been denied access to inspect and/ sample as ;part of a routine inspection and sampling program of the City designed to verify compliance with this �a ordinance or any permit or order issued hereunder;, or 13.06.130 Confident aJ Inform,ation C. The Director has cause to believe there is imminent:endangerment of the overall Page 71 of 92 public health, safety and welfare of thecommunity by anyactivity on the premises. ,.information _submitted to demonstrate compliance with pretreatment standards and requiremei ts_will be freely available to the public. Users may have certain information; However, withlield as confidential if the following process is followed. A. When a User submits information to the Director, or provides information to inspectors, Users may request that specific information be maintained as confidential. Users must promptly identify the specific information in writing, and describe why the release would divulge information, processes, or methods of production entitled to protection as trade B. The Director shall review and approve or deny such requests. When approved, the C. All other information submitted to the Director and obtainedfrom the Director's secrets or confidential business information under applicable State or Federal laws. information shall not be available as public records and shall be marked Confidential. oversight shall be available to the public subject to the..City recofdsreview policy. D. Information held as confidential may not bewithhelld frorni g vernmental agencies for uses related to the NPDES program or pretreatmeritprogram, or in enforcement proceedings involving the person furnishing the report. E. Federal rules prevent aste jater constitilents and characteristics and other effluent data, as defined by4Q0CFR 2302ifrom being recognized as confidential information. liCation Of ITsers in Significant Noncompliance A. Publishing: The Director must annually publish a list of the Users which, at any time during the, previousltwelve (12) months, were in significant noncompliance with applicable pretreatment'standards and requirements. The list will be published in a newspaper of yyy�LLppp rP general circulation that provides meaningful public notice within the jurisdictions served by the POTW. B. Definition: The term significant noncompliance means: Page 72 of 92 1. Any violation of a pretreatment standard or requirement including numerical limits, narrative standards, and prohibitions, that the Director determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public. 2. Any discharge of a pollutant that has caused imminent endangenent to the public or to the environment, or has resulted in the Director's exercise of its emergency authority to halt or prevent such a discharge. 3. Any violation(s), including of Best Management Practices which tlie'Director determines will adversely affect the opera% .�or AitiVit affect the of th� local pretreatment program. Page 73 of 92 t F f'M rt 4. Chronic violations of wastewater.d'ischarge limits, defined here as those in which sixty -six percent (66 or more of all of the =measurements taken for the same pollutant aramer, taken during a rc 1n six (4 :month period exceed, by any te P g g p Y Y 4ai� "S 5 magnitude; a�>numeric pretreatment standard or requirement, including instantaneous limits of Section 2 5. tea l';Review Criteria (W) violations, defined here as those in which thirty three percent or more of wastewater measurements taken for each pollutant parameter duringa rolling six (6) month period equal or exceed the product of the numeric:cpretreatment standard or requirement, (including instantaneous limits, as defined liy Section 2), multiplied by the applicable criteria. Applicable criteria are 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH. 6. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for C. Applicability: The criteria in paragraphs 1- 3:fabove are ;app licable to all Users, whereas the criteria in paragraphs 4 -8 are only applicableao SIUs. 13.06.150 Administrative Enforcement Remedies: City. starting construction, completing construction, or attaining final compliance. 7. Failure to provide any required report within forty -five (45) calendar days after the due date. This includes initial and periodic monitoring reports, and reports on initial compliance and on meeting compliance schedules. 8. Failure to accurately report noncompliance. 13.06.151 Notification of Violation Page 74 of 92 In administering the City's Pretieatii�ent Program, the'Director is obliged to follow the City's Pretreatment Program's approved-procedures -'In response to non compliance with any requirement of.tlifsoidinance, the Director shall apply its Enforcement Response Plan, which is a part of these approved procedures. This'plan ensures that the application of remedies provided for in sections 13.06:15 13.06.160 and 13.06.170 of this ordinance is appropriate to the violation, and consistent with thetreatinent of other Users. Any person may review or obtain a copy (for. charge)` of the e Enforcement Response Plan by contacting the Director or The Director may serve a written Notice of Violation on any User that the Director finds has violated any provision of this ordinance, including terms or requirements of a permit, order, or a pretreatment standard or requirement. In all cases in this ordinance, a continuation of a violation of a provision of this ordinance is a "violation Users shall, in response to a Notice of Violation, provide the Director a written explanation of the violation, its cause, and a corrective action plan within thirty (30) days of the receiving this notice. Users submitting plans to correct noncompliance must include the specific actions they will take to correct ongoing and prevent future violations at the soonest practicable dateThe Director's acceptance of a plan does not relieve a User of liability for any violations. The Director may t u.,,,'µ9, Fb also take any action, including emergency actions or any other. enforcemen action, without first issuing a Notice of Violation. 13.06.152 Consent Orders The Director may enter into ,a tCo sn en,Order or othb oluntary agreement to memorialize agreements with Users violatin can uir re `ement:af this ordinance. Such g Y q agreements must include4he specific, action(s) requ and date(s) they are to be completed to n, �V correct the noncompli''anee` Such documents must�b constructed in a judicially enforceable Mrs., manner, and hav same force -and effect as-administrative orders issued pursuant to Sections 13.06.1,54 13.06.1 ord 13.06.153 %Ow Cause Hearing Al' The Director may propose actions in response to a violation of any provision of this ordinance, including a provision of a permit, order, or a pretreatment standard or requirement. The Director may order a User in violation to appear at a date, time, and location set by the Director to show why the proposed enforcement action should not be taken. The Director will notify the User of the violation, the proposed action, the rationale, and the Users Page 75 of 92 rights and obligations to provide evidence why the proposed enforcement action should not be taken, and to provide its support for any alternative it proposes at this meeting. This notification shall be served personally or by registered or certified mail (return receipt requested) at least twenty (20) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in Section 13.06.020. A show cause.liearing shall not be a bar against, or prerequisite for, taking any other action against the user 13.06.154 Compliance Orders The Director may issue a compl order,.to an has violated any provision of this ordinance including a requirement of a perrilit order, or a pretreatment standard or requirement. The compliance order may irecf.that the user come into compliance within a specified time, install and properly operate adequate enttfacilities or devices, or take such measures as the Director finds arexeasonably necessary. These measures may include additional self monitoring and management practices designed to minimize the amount of pollutants `fit M FZ' discharged to the A compliance order may not extend the deadline for compliance established for a pretreatment standard requirement, or relieve a User of liability for any 91 �i�ytN'yY f�Y violation;_u cluding a continuing violation. If the user does not come into compliance within the time provided, sewer service` may be discontinued. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. 13.06.155 Cease and Desist Orders When the Director finds that a user has violated, or continues to violate, any Page 76 of 92 provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Director may issue an order to the user directing it to cease and desist all such violations and directing the user to: A. Immediately comply with all requirements; an B. Take such appropriate remedial or preventive action as maybe,-needed to properly address a continuing or threatened violation;' including lialting operationsand /or terminating the discharge. Issuance of a cease and desist order,shall not be a bar against, or a prerequisite for, taking any other action against the user. 13.06.156 Administrative Fines A. When the.,Director firi "ds4hat a user has violated or continues to violate, vkic this ordinance,a,.wastewater discharge permit or order issued hereunder, pretreatment standard;or requirement, the Director may fine such user in Page 77 of 92 any provision of or any other an amount not to exceed feri;thousand•dollars ($10,000). Such fines shall be assessed on a per violation per -day basi§:giiii the case of monthly or other long -term average discharge limits, fines shall be assessed for each day during the period of violation. B. The Director may add the costs of any emergency response, additional monitoring, investigation, and administrative costs related to the noncompliance and the Director's response to the situation to the amount of the fine. C. The Director will consider the economic benefit enjoyed by a User as a result of the noncompliance in cases where there appears to have been a monetary benefit from not complying. In such cases, the Director shall ensure that fines, to the maximum amounts allowable, exceed the benefit to the User from the noncompliance. D. Unpaid charges, fines, and penalties shall, at thirty (30) calendar days past the due date, be assessed an additional penalty of one percent (1 of the; paid balance, and interest shall accrue thereafter at a rate of one percent (1%) permonth. Xft,ythirty days the City shall be authorized to file a hen against the user ,sproperty for unpaid Charges, fines, and penalties. E. Users desiring to dispute such fines must file a writteri=request for the Director to reconsider the fine along with fullyarnent of the fine aii ount.within fifteen (15) x�zr working days of being notified of the fine. Whete` a- request`has merit, the Director may convene a hearing on tleinatter. In theievent the user's appeal is successful, the Director shall rebate the; fference be ween the init ah final penalty amounts to the user. vv,11 F. Issuance of an admiiustrative be a bar against, or a prerequisite for, taking any action against theuser. Page 78 of 92 13.©6.1S7kEmergencv Su b Suspensions w�= 4 The Iiiector may immediately suspend a User's discharge (or threatened discharge) when it reasonably appears to present a substantial danger to the health or welfare of persons. In such cases, the Director will first provide informal notice to the user. The Director may also immediately suspend a User's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, a danger to the environment. A. Any User notified of a suspension of its discharge shall immediately stop or eliminate its contribution. If a User fails to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary to protect the public and its interest in the sewer system. Remedies available to the Director include immediately severing the sewer connection, at the Users expense, turning off pump stations downstre am of the User, and partnering with law enforcement. The Director may not allowathe User toorecommence its .s� discharge until the User has demonstrated to the satisfaction ofthe Director that-the situation warranting the suspension has been properly addressed and an o osed Termination g P P p Y Y p�p proceeding has been resolved. B. A User that is responsible n whol e`orE111 p art, for any discharge presenting imminent endangerment shanubinit a detailedwritten statement, describing the causes of the harmful contribution asid the measures taken to prevent any future occurrence. Users shall submit this report to the Director i or: =fo= the date any show cause or termination hearing under Sections 13:06;1163_and 13 06:1 -58 of this ordinance. :Nothing in this section shall be interpreted as requiring a hearing prior to any Emergency Suspension under this section. 13.06.158 Termination of Discharge Page 79 of 92 Any User who violates the following conditions is subject to having the privilege of discharging to the public sewer system withdrawn: A. Discharge of non domestic wastewater without a permit, including 1. where the appropriate permit has not been requested, 2. where the appropriate permit has not yet been issued, or 3. where the permit has been denied or revoked based on the provisions of section 13.06.096 (Permit Revocation) of this ordinance. B. Violation of permit terms and conditidfis including 1. Exceeding any permit limi 2. Failing to meet other pretreatment standards or requirements. 3. Violating any prohibition. 4. Failing to properly monitor and report discharges or changed conditions. inspection, monitoring, or sam' C. Refusal of reasonable access to the<<user's premises for the purpose of etherysiibject to a permit or not). D. Violation ',of the pretreatment standards and requirements in Section 13.06.030 (this ordinance, ncluding failure to satisfy Industrial User Survey requirements. kgr When'the Director determines this remedy is necessary and appropriate to fulfill the intentions of this ordinance, such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 13.06.153 of this ordinance why the proposed action should not be taken. Exercise of this option by the Director shall not be Page 80 of 92 a bar to, or a prerequisite for, taking any other action against the User. 13.06.160 Judicial Enforcement Remedies 13.06.161 Injunctive Relief The Director may seek injunctive relief when a User violated or continues to violate a provision of this ordinance, including a pretreatment standard ar,requirement, or a permit or order issued hereunder. In such cases, the Director Inay petition the\clellam District Court No. 1, through the City's Attorney for the issuance of a te o�rary or permanent injunction, "+r le I NA YA 4„41 4 as appropriate, which restrains or compels the specific performance of the wastewater discharge TMs-. has 5 permit, order, or other requirement imposed by ordinance on activities of the User. The Director may also seek such other action as i s,appropnate for lega1and/or equitable relief, t V �f ,�r -w :.Y Ar including a requirement for the,user to conduct ivironmental`remediation. A petition for injunctive relief shall shall 0 e a bar aga or a prerequisite for, taking any other action against a WI rtft user. �s 13.06.16 ivil Penalties kn Page 81 of 92 A. l 'iA U er which has violated, or continues to violate a provision of this ordinance, including a pretreatment standard or requirement, or a permit or order issued hereunder shall be liable to the City for a maximum civil penalty of $10,000 per violation, per day. In the case of a monthly or other long -term average discharge limit, penalties shall accrue for each day during the period of the violation. B. The Director may recover reasonable attorneys' fees, court costs, and other expenses associated with any emergency response, enforcement activities, additional monitoring and oversight, and costs of any actual damages to the City. C. In determining the amount of civil liability, the Court shall take into account all relevant circumstances. The Director shall provide the Courts recommended civil penalty amount, and its basis. This basis address, as available, the extent of harm caused; the magnitude and duration of the violation, any economic benefit gained, the timing of Users actions and D. Filing a °siuit for`civi 13.06.163 Criimiinal -Prosecution Page 82 of 92 provide the range of penalty amounts its Enforcement Response any other the Director mayftake to resolve noncompliance by a User. responses, corrective actions by the User, and the Users cdfi pliance history. The Director will an-,suggests if it addresses the situation and provides such guidance. The Director willprovide any other facts the Court requests, or the Director believes'; important for to have to render a just determination. erialties shall not be a bar against, or a prerequisite for, A. A User who willfully or negligently violates any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $10,000 per violation, per day, or imprisonment for not more than one year, or both. B. A User who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a [misdemeanor] and be subject to a penalty of at least [insert maximum fine allowable under State law], or be subject to imprisonment for not more than J years or both. This penalty shall be in addition to any other criminal charges or judicial•remedies, including remedies for causing personal injury, endangerment, or destruction of publieproperty available under State law. C. A User who knowingly makes any falsestatements, representations, or certifications in any application, record, report; plan, or other documentation filed, or required to be maintained, pursuant to this ordinance, wastewater d chargepermit, or order issued hereunder, or who falsifie ,1t iperswith, or kno=wingly renders inaccurate any monitoring 4 00..41, device or method required under thistordinance shall conviction, be punished by a fine of not more than [insert maximum finena11owab1e;under State law] per violation, per day, or imprisonent m for not'imore than years, or both. s T,x D. In the even of a second conviction, a user shall be punished by a fine of not LFC $;f more than [insert maxim fine allowable under State law] per violation, per day, or IVLY imprisonment for not more than f years, or both. 13. 06.164 Remedies Nonexclusive Page 83 of 92 The remedies provided for in this ordinance are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user. 13.06.170 Supplemental Enforcement Act olr„ 13. 06.171 Penalties for Late Repo The Director,mayyassess a Penaltyiof S[xx] to,any User for each day that a report Aey 44 S ri, required by this ordinance, a permit or order issued is late. Penalties accrue beginning the fifth day after the reportstduef Tlie Drectorsyactions to collect late reporting penalties shall not limit the: Director'.s.authoritytoainitiate any other enforcement action. 13.06.172 Performance Bonds The Director may require a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director as necessary to assure the User will achieve consistent compliance with this ordinance. The Director may require this bond as an enforcement response or as a prerequisite to issue or reissue a wastewater discharge permit. Any User who has failed Page 84 of 92 to comply with any provision of this ordinance, a previous permit or order issued hereunder, or any other pretreatment standard or requirement may be subject to this requirement. This bond may also be required of any category of User which has led to public burdens in the past regardless of the compliance history of the particular User. The City may use this bond to pay any fees, costs, or penalties assessed to the User whenever the Users account is in arrears for over 30 days. This includes the costs of cleanup of the site if the User goes out of business, sells the business to a person that does not first assume the bond, or. =goes bankrupt Users may petition the Director to convert their performance bond to'a requirement to proVid'e Liability Insurance, or to forego any such safeguard based ori=.tlieir performance. User may no more frequently than once in any twelve month period. 13.06.173 Liability Insurance The Di'rectorfimay require any Useroprovide insurance if they previously failed to comply with of ordinance; a previous permit, or order issued hereunder, or any othei pretreatmentstandard or requirement. The Director may also require Users in busmessesrwhich historically,have left a public burden to clean up pollution to obtain this insurance, regardless of their compliance history. In such cases, Users must provide proof that prior to issuing or reissuing a wastewater discharge permit. Page 85 of 92 the insurance is suffi to cover any liabilities incurred under this ordinance, including the cost of damages to the POTW and the environment caused by the User. The Director may require Users to provide the proof of such insurance either in response to non compliance or 13.06.174 Payment of Outstanding Fees and Penalties The Director may decline to issue or reissue a wastewater discharge permit to any User who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this ordinance, a previous permit or order issued hereunder. 13.06.175 Water Supply Severance The Director may order water service to.a severed whenever a violated or continues to violate any provision of thistord`inance, t e or order sued hereunder, or any other pretreatment standard or requirement Users wishing to restore their service must first demonstrate their abilit'yto comply with this ordnance and pay the related costs of this action. 13.06.176 Public a Nuisances Page 86 of 92 violation of afy provision of this ordinance or a permit or order issued hereunder, or any other pi-etreatment or requirement, is hereby declared a public 4 7 Sgt A ;F nuisance be corrected or abated as directed by the Director. Any person(s) creating a public nuisancetsliall be subject to the provisions of [insert applicable reference to City Code] rte governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance. 13.06.177 Contractor Listing Users which have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the City. Existing contracts for the sale of goods or services to the City held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the Director. 13.06.178 Operating Upsets. A. For the purposes of this section, `upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical p etreattnent standards because of factors beyond the reasonable control of the User. An upeetAdoes not include,noncompliance to the extent caused by operational error, improperly d gned treatment facilities;nadequate Page 87 of 92 treatment facilities, lack of preventive maintenance, or careless orimproper operation. 4146" B. An upset shall constitute an affirmativewdefense to punt e actions in response to noncompliance with categorical pretreatment' standards (section 13.06.041), but not local limits (section 13.06.045) when-the requirements of paragraph (C), below, are met. C. A User wlo'wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that An upsetoccurred and the user can identify the cause(s) of the upset. e facility was at the time being operated in a prudent and workman-like manner and was in compliance with applicable operation and maintenance procedures. 3. Where the upset involved reduction, loss, or failure of its treatment facility (e.g. a power failure), the User controlled production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards until the facility was restored or an alternative method of treatment was provided. The User submitted the following information to the Director within twenty -four hours of becoming aware of the upset. When initially provided orally, the User must have provided a written report within five days: a. A description of the indirect discharge andcause of noncompliance. b. The period of noncompliance, including exact Hates and times or, if not corrected, the anticipated tune thenoncompliances:expected to continue. c. Steps being taken and/or planned fo reduce, eliminate, and prevent R�Sy recurrence of the ,noncompliance. loft ,K4 D. In any enforcement, roceeding, the User seeking° establish the occurrence of an upset shall have the burden of proof, E. Users willhave :the;opportumtyxfora judicial determination on any claim of upset only in an enforcement action brou 13.06.179 ProhibiteddDischarge Standards f noncompliance with categorical pretreatment standards. A User will have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in Section 13.06.030A, and 13.06.030B.3 -7 of this ordinance in certain cases. The User must be able to prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would Page 88 of 92 cause pass through or interference and that either: A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or B. No local limit exists, but the discharge did not change substantially in nature or constituents from the User's prior discharge when the City eii: compliance with its NPDES permit, and in the case of interference, was in compliance w applicableNsludge use or disposal requirements. 13.06.180 Bypass A. For the purposes of this section, 1. Bypass means4the,intentional diversion of wastestreams from any portion of a user's Ar treatment facility. evre ro ertdama e m e means substantial physical damage to property, dama p p Y� g P Y damage damage to g the treatment facilities whicl'causes them to become inoperable, or substantial and permanent loss of natural resources can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. B. A User may allow a bypass to occur if it does not cause pretreatment standards or requirements to be violated and is for essential maintenance to assure efficient operation. Page 89 of 92 C. Any other bypass must meet the following requirements: 1. Users knowing in advance of the need for a bypass must submit prior notice to the Director, at least ten (10) days before the bypass wherever possible. 2. Users must tell the Director of any unanticipate4 bypass fhat_exceeds applicable pretreatment standards within twenty -four (24) hours of becoming aware of the bypass. Users must provide a written follow -up report within five::( .days. The.Director may waive the written report if the oral report was timely and complete. Unless waived, the written report must contain: a. A description of the bypass (volume, pollutants etc b. What caused the -bypass. c. When, specifically, the bypass started and, ended. d. When the bypass' sexpeeted to stop (ifongoing). ypass from reoccurring. Page 90 of 92 Whafitepsthe User ties taken or plans to take to reduce, eliminate, and prevent the D. Bypass_ 1. Bypass is :prohibited, and the Director may take an enforcement action against a user for a bypass, unless: a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back -up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and s n h �e c. The user submitted notices as required under paragraph (G }of this section. section. 2. The Director may approve an anticipated bypass, after considering "its; adverse effects, if the Director determines that it will meet the three,conditions listed in paragraph.(13)(1) of this 13.06.181 Miscellaneous Provisions 1. Pretreatment Charges ari d The City may „adopt reasonable fees for reimbursement of costs of setting up and operating 1. 'v;:L ..i'3 'kf'' `l -5 b j. the City's Pretreatment Program';which may include: O Ji vu i A. Fees`for wastewater discharge permit applications or permit modifications, including the cost of such applications; B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users; C. Fees for reviewing and responding to accidental discharge procedures and Page 91 of 92 D. E. F. Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by,this ordinance and are separate from all other fees, fines, and penalties chargeable bytheCity. Charges and Fees. Charges and fees shall be as setforth in Chapter 3.70 PAMC' 2932 §38, 10/11/1996; Ord. 2290 §7, 8/31/1984) 2. Severability If any provision of this,or"duiance remaining provisions shall not be 13.06.182 Effeetive.Date This..ardmance shall be iri_fiill force and effect immediately following its passage, approval, and publicationrovided by law. construction; Fees for filing appeals; Fees to recover administrative and legal costs associated with the enforcement activity taken by the Director to address IU noncompliance; and Page 92 of 92 fix �Y k �i is invalidated by any court of competent jurisdiction, the affected and' ?shalPcontinue in full force and effect. PORTANGE W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: February 9, 2010 To: Utility Advisory Committee From: Larry Dunbar, Deputy Director of Power Systems Subject: Western Public Agencies Group Consulting Agreement Summary: The Western Public Agencies Group represents the interests of its electric utility members before the Bonneville Power Administration. Each year they propose an agreement and scope of services to its members. The City's share of the 2010 proposed scope of work is $11,356 out of the total cost of $255,000. Recommendation: Forward a favorable recommendation to City Council to authorize the City Manager to sign an agreement with EES Consulting, Inc., and Marsh Mundorf Pratt Sullivan McKenzie in an amount not to exceed $11,356, and authorize the City Manager to sign amendments up to the City budget for the Western Public Agency Group membership. Background /Analysis: The Electric Utility is a member of the Western Public Agencies Group (WPAG) along with twenty -three other publicly owned electric utilities. WPAG members serve more than one million customers and purchase more than 6 billion kilowatt hours from the Bonneville Power Administration (BPA). WPAG represents the interests of its members before BPA, and has intervened in every major BPA rate proceeding since 1980. EES Consulting, Inc., provides WPAG engineering and financial services, and legal services are provided by Marsh Mundorf Pratt Sullivan McKenzie. Each year WPAG proposes an agreement and scope of services to its members, which is allocated to each utility based on average customers, energy sales, and capital investments. The Electric Utility budget in 2010 for WPAG membership is $20,000. A copy of the proposed scope of services and contracts is attached. It is recommended that City Council authorize the City Manager to sign the agreement with EES Consulting, Inc., and Marsh Mundorf Pratt Sullivan McKenzie in an amount not to exceed $11,356, and authorize the City Manager to sign amendments up to the City budget for the Western Public Agency Group membership. Any amendments will be shared with the City Council. N \UAC\Final \WPAG Consulting Services Agreement doc Western Pub is Agencies Group 2010 Scope of Services and Budget EXHIBIT A The Western Public Agencies Group (WPAG) comprises 23 publicly owned utilities in the state of Washington: Benton REA, Clallam County P.U.D. No. 1, Clark Public Utilities, the City of Ellensburg, Grays Harbor P.U.D. No. 1, Kittitas County P.U.D. No. 1, Lewis County P.U.D. No. 1, Mason County P.U.D. No. 1, Mason County P.U.D. No. 3, Pacific County P.U.D. No. 2, Skamania County P.U.D. No.1, Wahkiakum County P.U.D. No. 1, Peninsula Light Company, the City of Port Angeles, Tanner Electric Cooperative, and members of the Pierce County Cooperative Power Association, which includes Alder Mutual Light Company, the Town of Eatonville, Elmhurst Mutual Power and Light Company, Lakeview Light and Power Company, the City of Milton, Ohop Mutual Light Company, Parkland Light and Water Company, and the Town of Steilacoom. Together the WPAG member utilities serve more than one million customers and purchase more than 6 billion kilowatt-hours from the Bonneville Power Administration "Bonneville each year under both Load Following and Slice Contracts. WPAG member utilities also own or receive output from more than 400 megawatts of non Bonneville generation and purchase more than 300 megawatts of power from sources other than Bonneville. WPAG members are winter peaking utilities with lower annual load factors. WPAG members' similar characteristics have caused them to join together to represent their interests before Bonneville, and in other forums in the Pacific Northwest and the United States since 1980. WPAG has intervened as a group in every major Bonneville rate proceeding since enactment of the Pacific Northwest Electric Power Planning and Conservation Act of 1980. WPAG's interests have also been represented in Congress, before the Northwest Power Planning Council, and in other regional forums. The scope of services presented here includes areas that various other organizations, of which WPAG members might also be members, cannot advocate for WPAG members due to conflicts of interest within those organizations, lack of staff resources or subject area expertise. WPAG thus fills a need that is unmet by membership in the Public Power Council, the Northwest Public Power Association, the Pacific Northwest Utilities Conference Committee and other similar groups. Scope of Services The 2010 scope of services for WPAG is proposed as follows: General WPAG Activities and Meetings Regional Activities EXHIBIT A During 2010, EES Consulting and MMPS &M will monitor and comment on regional and federal activities of specific interest to WPAG members not covered adequately by other public power organizations, including BPA- related legislation, progress on regional transmission and any other new topic of mutual interest and relevance. Monthly meetings will be held to brief WPAG members on these activities. WP -12 Rate Proceedinw BPA has already started planning workshops to prepare for a combined power and transmission rate proceeding that implement for the first time the Tiered Rate Methodology. In this case, virtually every issue that has been subject to settled treatment since 1980 will be up for grabs. This makes early and focused participation mandatory. will unfold this year. WPAG will be fully engaged in this proceeding to protect the interests of its members. This will be staffed by EES Consulting and MMPS &M. TRM Loose Ends There are a number of significant issues that were not satisfactorily resolved at the end of the Tier Rate Methodology process that BPA has agreed to revisit, including most importantly the issue of system obligations that BPA treats as off -the -top dedications to the Tier 1 system capability. Additionally, there are significant issues that will arise as the TRM is actually translated into rates that will need to be dealt with in the next year. One such issue is the lack of any agreed upon methodology for determining the capability of the Tier 1 system, which impacts how much Tier 1 power is available to WPAG utilities. Tier 2 Resource Acauisition BPA is already investigating various resources for acquisition purposes, and will be gearing up these activities during the coming year. While the theory of tiered rates is to separate the costs of these resources from those of Tier 1 resources, there is a strong likelihood that some of the costs of Tier 2 resources will find their way into Tier 1 rates. As such, WPAG member have a direct financial interest in how BPA goes about evaluating resources, and what resources it decides to acquire regardless of whether they intend to rely on BPA for Tier 2 service or not. WPAG will participate in the BPA processes regarding the acquisition of additional resources. This will be staffed by EES Consulting and MMPS &M. Conservation BPA has been and will remain engaged in discussions regarding how conservation will be funded under the new TRM contracts and rates. There is a desire among many A -2 EXHIBIT A preference customers be have the option of providing their own funding for conservation, not run these dollars through the BPA rates, and not pay for the portion of the BPA conservation program in which they do not participate. The outcome of these discussion on conservation self funding are uncertain, but in any event WPAG will work to ensure that current BPA funded programs will continue to be available to utilities that want to participate in them. In addition, WPAG will initiate discussions with BPA to ensure that conservation can be used as a Tier 2 resource for those who wish to do so. Preference to FBS Capacity BPA has been using increasing amounts of FBS capacity to integrate wind generation on the Federal transmission system. This capacity is deducted from the FBS capability made available to preference customers under Tier 1. For the near term, the primary impact of this activity is to reduce the secondary revenues available to BPA to reduce the PF rate by shifting secondary power sales from heavy load hours to light load hours. However, in the future this reduction in FBS capacity may impinge on service to preference customer loads under both load following and Slice contracts. WPAG has been working (and will continue to work) with other preference customers to construction the best legal arguments to assert preference to FBS capacity, and to determine the best forum in which to present this claim. This effort is likely to come to fruition in 2010. 7(b)(2) Rate Remand BPA has concluded the 7(i) process to respond to the remand of the 9 Circuit Court in the Golden Northwest and PGE cases, and this resulted in significant refunds to WPAG members. However, BPA allowed the IOUs to retain over $750,000 of preference customer money under contracts that are palpably illegal. This issue will likely get tangled up with the discussion of IOU benefits and the BPA effort to settle the pending litigation over BPA's remand decisions in WP -07 Supplemental case. Our efforts will be focused on retrieving for WPAG members our money that BPA allowed the IOUs to retain, including completing pending litigation in the 9 Circuit. This will be staffed by EES Consulting and MMPS &M. This will be staffed primarily by MMPS &M. IOU Benefits Discussions Our success in the Golden Northwest and PGE cases resulted in the WP -07 Supplemental rate proceeding, and substantial refunds to preference customers. As discussed above, there continues to be litigation over funds that BPA allowed the IOUs to retain. This has caused BPA to initiate negotiations under the auspices of a mediator between the publics, IOUs and BPA in an effort to resolve the pending litigation and agree on the appropriate level of benefits that should be paid to the IOUs over the long term. These discussions are scheduled to commence in March of this year. Given the central role WPAG played in the litigation, WPAG will continue to participate actively in order to protect the interests of the WPAG utilities and the litigation results. This will be staffed primarily by MMPS &M. DSI Lookback and Refund As a result of the two 9 Circuit decisions invalidating the proposed BPA/ALCOA power sales contracts, BPA has a responsibility to conduct a public process to determine A -3 Federal Energy Regulatory Commission EXHIBIT A whether ALCOA has a repayment obligation to BPA, and if so what the amount of that repayment obligation is. It can be expected that BPA will not be favorably inclined to retrieve the monies unlawfully paid to this multi- national company, and that a strong effort by public power will be needed for persuade BPA to do so. WPAG will actively participate in this effort. DSI Lona -Term Contracts During the coming calendar year, BPA will also be dealing with the issue of how it will deliver "benefits" to the DSIs. The cost of these benefits will be imposed on Tier 1 customers, including WPAG utilities. It will also require BPA to negotiate a contract with the DSIs for the delivery of any such benefits. This effort to continue to support the DSIs will be aggressively opposed by WPAG. This will be staffed primarily by MMPS &M. Transmission Issues have arisen regarding the ability of BPA transmission network to accommodate the amounts of wind generation being developed without imposing costs or access limitations on preference customers receiving service under their post -2011 power contracts via NT service over the Federal transmission system. All WPAG members receive federal power service from BPA, and many have developed and will develop non federal resources. As such, WPAG is uniquely positioned to strike the proper balance between the integration of non federal resources, particularly wind, and BPA's obligations to husband the resources of the Federal base system for service to its preference customers. WPAG will be fully involved with all processes in which these issues come to the fore, and in particular the development of the position that preference attaches to both the energy and capacity that is available from the Federal base system. This will be staffed primarily by MMPS &M. The Federal Energy Regulatory Commission (FERC) has begun investigations into transmission service provided under the NT and PTP contract under the auspices of updating of its landmark Order No. 888. This may result in changes to the way transmission dependent utilities have access and pay for access on transmission facilities and will have significant implications for WPAG members. To date, PPC has done a good job of working this issue. EES Consulting and MMPS &M will continue to assist PPC in its efforts, and will monitor this process to see if WPAG direct participation is needed. In June 2007, under the direction of FERC, the North American Electricity Council (NERC) began enforcing electric reliability standards. As of that time utilities with greater than 25,000 customers are required to register with NERC and their regional reliability organization or the Western Electricity Coordinating Council (WECC) on the west coast of North America. EES Consulting has been monitoring and advising WPAG members on compliance issues since April of 2007. EES Consulting will continue to monitor compliance issues on behalf of WPAG members in 2010. EES Consulting will alert WPAG members of issues as they arise. To the extent that detailed analysis and/or representation is required by A -4 an individual WPAG member with respect to compliance issues, tasks will be completed and billed on an individual utility basis. Olympia Legislative Session EES Consulting and MMPS &M will monitor the activities of the 2010 legislature on behalf of WPAG's specific interests. Other Matters During the course of each year, matters arise that require WPAG attention to protect the interests of our customers. These matters are undertaken at the direction of the WPAG utilities. Budget The budget for the scope of services described above is calculated at the following billing rates for EES Consulting and MMPS &M: EES Consulting President $165 per hour Managing Director 160 per hour Manager 155 per hour Senior Project Manager 150 per hour Project Manager 145 per hour Senior Analyst or Engineer 140 per hour Analyst 135 per hour Clerical 120 per hour MMPS &M Principal $175 per hour Associate $165 per hour These billing rates will remain in effect through December 31, 2010. EXHIBIT A On the basis of the above billing rates, the 2010 labor budgets of EES Consulting and MMPS &M combined are estimated to remain at $200,000, which holds the line on budget increases. This labor budget will be split equally between EES Consulting and MMPS &M. In addition to labor costs, out -of- pocket expenses will be billed to WPAG members at their cost to EES Consulting and MMPS &M. It is estimated that $30,000 in total out -of- pocket expenses will be incurred for all work non -rate case elements in total. Out -of- pocket costs will be billed by whichever organization actually incurs the expense. The total estimated WPAG budget for 2010 is estimated at $230,000. In addition, a contingency of $50,000 has been included to fund the A -5 EXHIBIT A training of Ryan Neale, with $25,000 of that amount being included in the allocation, with the remainder to be used as needed. As always, the allocation of the budget among WPAG members is open to negotiation by the participants. We have attached an inter utility allocation predicated on the most recent available utility data. After a discussion of the foregoing issue, a final budget by utility will be prepared. An example of the budget's allocation is attached at the end of this narrative. Project Staffing The staffing for this project will be similar to that for past WPAG activities. Gary Saleba and Terry Mundorf will be the principal representatives for EES Consulting and MMPS &M, respectively. Additional MMPS &M and EES Consulting staff will assist as needed. Western Public Agencies Group Additional Budget for 2010 EES Consulting and Marsh Mundorf Pratt Sullivan McKenzie Source' 2009 -2010 Northwest Electric Utility Directory (NWPPA), 2008 WPUDA Sourcebook, 2003 EIA Form 412 2004 EIA Form 861, Utility Supplied January 12, 2010 Total Budget Labor 200,000 Expenses 30,000 Total 230,000 Training Fund' 25,000 Total Al location 255,000 Training Fund Contingency' 25,000 Total Budget 280,000 To be used as needed, with $25,000 included in allocation shown below Average of Customers, Energy Sales and Investment Customers 1 Energy Sales 1 Investment 2, 3 18 18 0 Budget Allocation Without Cao Cao with Cap percent of percent of percent of percent of percent of number total kilowatt-hours total dollars total total total dollars Individual Utilities Benton Electric REA 14,328 3 1% 529,284,266 4 3% 55,076,221 5 9% 4 45% 5 78% 14,749 Clallam County PUD 29,829 6 5% 796,816,427 6 5% 50,440,018 5 4% 6 14% 8 04% 20,497 Clark PublicUtilties 182,121 39 9% 5,132,000,000 42 1% 275,772,523 29 4% 37 10% 18 00% 45,900 City of Ellensburg 9,181 2 0% 200,453,259 1 6% 9,744,025 1 0% 1 56% 2 05% 5,229 Grays Harbor PUD 41,725 9 1% 1,028,145,396 8 4% 140,250,672 14 9% 10 83% 14 07% 35,882 Kittitas County PUD 4,020 0 9% 72,269,206 0 6% 10,581,463 1 1% 0 87% 1 13% 2,872 Lewis County PUD No 1 30,772 6 7% 964,294,125 7 9% 85,282,442 91 7 91% 10 31% 26,285 Mason County PUD No 1 5,086 1 1% 68,736,860 0 6% 10,176,188 1 1% 0 92% 1 20% 3,054 Mason County PUD No 3 32,536 7 1% 672,158,509 5 5% 99,434,348 10 6% 7 74% 10 05% 25,639 Pacific County PUD No 2 17,020 3 7% 307,854,926 2 5% 39,129,640 4 2% 3 47% 4 52% 11,525 Peninsula Light Company 27,236 6 0% 588,836,408 4 8% 59,691,447 6 4% 5 72% 7 45% 18,998 City of Port Angeles 10,410 2 3% 715,874,794 5 9% 18,896,806 2 0% 3 39% 4 45% 11,356 Skamania County PUD No 1 5,759 1 3% 123,504,708 1 0% 14,208,000 1 5% 1 26% 1 64% 4,190 Tanner Electnc Cooperative 4,422 1 0% 76,324,155 0 6% 12,356,404 1 3% 0 97% 1 26% 3,212 Wahkiakum County PUD No 1 2,403 0 5% 42,872,042 0 4% 7,391,412 0 8% 0 55% 0 72% 1,836 Pierce County Cooperative Power Association Alder Mutual Light Company 279 0 1% 4,444,998 0 0% 304,837 0 0% 0 04% 0 06% 145 Town of Eatonville 1,250 0 3% 24,292,160 0 2% 1,150,000 0 1% 0 20% 0 26% 664 Elmhurst Mutual Power and Light Company 13,756 3 0% 268,970,192 2 2% 18,920,525 2 0% 2 41% 3 15% 8,041 Lakeview Light and Power Company 9,600 21% 281,291,000 2 3% 8,369,626 0 9% 1 77% 2 32% 5,923 City of Milton 3,428 0 8% 64,779,620 0 5% 2,378,975 0 3% 0 51% 0 67% 1,715 Ohop Mutual Light Company 4,178 0 9% 81,373,870 0 7% 10,293,640 1 1% 0 89% 1 16% 2,962 Parkland Light and Water Company 4,431 1 0% 118,680,088 1 0% 8,585,910 0 9% 0 95% 1 24% 3,173 Town of Steilacoom 2,757 0 6% 40,042,829 0 3% 918,000 0 1% 0 34% 0 45% 1,153 Subtotal Pierce County Cooperative Power Association 1 39,679 8 7% 883,874,757 7 2% 50,921,513 5 4% 7 1%1 9 32% 23,775 Total 1 456,527 100 0% 12,203,299,838 100 0% 939,353,122 100 0% 100 0 %1 100 00% 255,000 insurance EES CONSULTING, INC By Gary Saleba Title President Date January 12, 2010 )(L CONSULTING SERVICES AGREEMENT EES CONSULTING, INC. Billing Address 570 Kirkland Way, Suite 200, Kirkland, Washington 98033 (425) 889 -2700 This Consulting Services Agreement (herein Agreement) is made between EES Consulting, Inc (hereinafter "EES CONSULTING and the City of Port Angeles, Attn Larry Dunbar, PO 1150, Port Angeles, WA 98362 (hereinafter "CLIENT I. SCOPE, COMPENSATION AND QUALITY OF CONSULTING SERVICES EES CONSULTING will provide the services and be compensated for these services as descnbed in Exhibit A, attached hereto EES CONSULTING shall render its services in accordance with generally accepted professional practices EES CONSULTING shall, to the best of its knowledge and belief, comply with applicable laws, ordinances, codes, rules, regulations, permits and other published requirements in effect on the date this Agreement is signed II TERMS CONDITIONS OF CONSULTING SERVICES AGREEMENT 1 Timing of Work EES CONSULTING shall commence work on or about January 12, 2010 2 Relationship of Parties, No Third -Party Beneficiaries EES CONSULTING is an independent contractor under this Agreement This Agreement gives no nghts or benefits to anyone not named as a party to this Agreement, and there are no third party beneficianes to this Agreement 3 Insurance a Insurance of EES CONSULTING EES CONSULTING will maintain throughout the performance of this Agreement the following types and amounts of Worker's Compensation and Employer's Liability Insurance as required by applicable state or federal law 11 Comprehensive Vehicle Liability Insurance covering personal injury and property damage claims arising from the use of motor vehicles with combined single limits of $1,000,000 111 Commercial General Liability Insurance covenng claims for personal injury and property damage with combined single limits of $1,000,000 iv Professional Liability (Errors and Omissions, on a claims -made basis) Insurance with limits of $1,000,000 b Interpretation Notwithstanding any other provision(s) in this Agreement, nothing shall be construed or enforced so as to void, negate or adversely affect any otherwise applicable insurance held by any party to this Agreement 4 Mutual Indemnification EES CONSULTING agrees to indemnify and hold harmless CLIENT and its employees from and against any and all loss, cost, damage, or expense of any kind and nature (including, without limitation, court costs, expenses, and reasonable attorneys' fees) ansing out of injury to persons or damage to property (including, without limitation, property of CLIENT, EES CONSULTING, and their respective employees, agents, licensees, and representatives) in any manner caused by the negligent acts or omissions of EES CONSULTING in the performance of its work pursuant to or in connection with this Agreement to the extent of EES CONSULTING's proportionate negligence, if any CLIENT agrees to indemnify and hold harmless EES CONSULTING and its employees from and against any and all foss, cost, damage, or expense of any kind and nature (including without limitation, court costs, expenses and reasonable attorneys' fees) ansing out of injury to person(s) or damage to property (including, without limitation, property of CLIENT, EES CONSULTING, and their respective employees, agents, licensees and representatives) in any manner caused by the negligent acts or omissions of CLIENT or other(s) with whom CLIENT contracts "CLIENTS agents to perform work pursuant to or in connection with this Agreement, to the extent of CLIENT'S or CLIENTS agents proportionate negligence, if any 5 Resolution of Disputes, Attorneys' Fees The law of the State of Washington shall govem the interpretation of and the resolution of disputes under this Agreement If any claim, at law or otherwise, is made by either party to this Agreement, the prevailing party shall be entitled to its costs and reasonable attomeys' fees 6 Termination of Agreement Either EES CONSULTING or CLIENT may terminate this Agreement upon thirty (30) days written notice to the other sent to the addresses listed herein In the event CLIENT terminates this agreement, CLIENT specifically agrees to pay EES CONSULTING for all services rendered through the termination date CITY OF PORT ANGELES By Title Date LEGAL SERVICES AGREEMENT THIS AGREEMENT is made between BENTON RURAL ELECTRIC ASSOCIATION, WASHINGTON; CITY OF PORT ANGELES, WASHINGTON; CITY OF ELLENSBURG, WASHINGTON; CITY OF MILTON, WASHINGTON; TOWN OF EATONVILLE, WASHINGTON; TOWN OF STEILACOOM, WASHINGTON; ALDER MUTUAL LIGHT COMPANY, ELMHURST MUTUAL POWER AND LIGHT COMPANY, WASHINGTON; LAKEVI W LIGHT AND POWER COMPANY, WASHINGTON; OHOP MU T-UAL— LIGHT COMPANY, WASHINGTON; PARKLAND LIGHT AND WATER COMPANY, WASHINGTON; PENINSULA LIGHT COMPANY, WASHINGTON; TANNER ELECTRIC COOPERATIVE, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF CLARK COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO.1 OF GRAYS HARBOR COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT OF KITTITAS COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF LEWIS COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF MASON COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 3 OF MASON COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 2 OF PACIFIC COUNTY, WASHINGTON, SKAMANIA COUNTY PUBLIC UTILITY DISTRICT, AND WAHKIAKUM COUNTY PUBLIC UTILITY DISTRICT NO. 1 (Public Utilities); and MARSH MUNDORF PRATT SULLIVAN McKENZIE (Attorney) for the provision of legal services and the payment of compensation as specified herein. WHEREAS, the Public Utilities presently purchase electric power from the Bonneville Power Administration (BPA) pursuant to wholesale rate schedules determined by BPA after public hearing pursuant to Section 7 of the Pacific Northwest Electric Power Planning and Conservation Act (Act); WHEREAS, BPA is considering adoption of various policies, rate forms and long -term contracts which would have a major impact on the wholesale rates of the Public Utilities, and WHEREAS, BPA is preparing to conduct hearings and public processes to decide issues which will affect Bonneville's wholesale rate schedules and Power Sales Contracts for the Public Utilities; and WHEREAS, the Public Utilities wish to actively participate in these hearings and processes to protect the interests of their ratepayers, and WHEREAS, the Public Utilities may wish to diversify their power supply sources, It is Therefore Agreed That: 1. The Attorney shall advise, assist and appear on behalf of the Public Utilities in hearings and public processes relating to issues set forth Exhibit A referenced herein attached and as directed by the Public Utilities. Page 1 of 2 2. Public Utilities shall compensate the Attorney for these services at an average hourly rate not to exceed $165.00 for associates, and $175.00 for partners. Out of- pocket expenses, such as telephone, telecopy, copying and postage, and reasonable and necessary travel expenses shall be in addition to the hourly rate. The Attorney shall send each of the Public Utilities an itemized statement for legal services rendered and out -of- pocket expenses on a monthly basis. 3. TheAttorney fees and out= of-pocket expenses incurred hereunder shall -be- divided among the Public Utilities according to the formulas attached in Exhibit A. 4. The activities encompassed by this Agreement are set forth in Exhibit A attached hereto. No other activities shall be undertaken without prior authorization of the Public Utilities. It is understood that the length and amount of work necessary in these proceedings is unique and the cost may exceed these estimates. 5. Files of the Attorney relating directly to the foregoing legal services shall be available for examination by the authorized representative of the Public Utilities or their attorneys and shall, upon reasonable request, be turned over the Public Utilities if the Attorney ceases to act as attorney for the Public Utilities. 6. Because the attorney client relationship is dependent upon mutual trust and full confidence, an individual Public Utility, the Public Utilities collectively, or the Attorney may terminate this Agreement at any time upon written notice. Date: January 12, 2010 Date: MARSH MUNDORF PRATT SULLIVAN McKENZIE B e- Terence L. Mundorf UTILITY By: Manager Page 2 of 2 Date: To: From: Subject: 1) 2) 3) P W A S H I N G T O N U.S.A. Utility Advisory Committee Memo February 9, 2010 Utility Advisory Committee Glenn A. Cutler, Director of Public Works Utilities Utility Advisory Committee Project Participation Summary: There are three projects that are in various stages of the procurement process. Staff would like to invite Councilmembers on the Utility Advisory Committee to participate in the procurement process. Recommendation: That the chairman appoint a Councilmember on the Utility Advisory Committee to participate in the procurement process on various projects. Background /Analysis: Staff would like to invite Councilmembers on the Utility Advisory Committee to participate in the procurement process for the below projects. The projects are in various stages of the procurement, which will be described at the meeting. Participation may include such activities as reviewing and evaluating proposals, and vendor and consultant interviews. Staff recommends that the Utility Advisory Committee consider participation in the procurement process on the following projects: Metropolitan Area Network Services Request for Proposals. Advanced Metering Infrastructure and Demand Response Request for Proposals. Downtown Stormwater Separation Construction Management Request for Proposals. Councilmembers will gain an insight into the procurement process used by staff as well as an in- depth knowledge of the project. In addition, Councilmembers will have the ability to contribute into the outcome of any recommendation to the Utility Advisory Committee and City Council. N \UAC \Final \UAC Project Participation doc PORTANGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: February 9, 2010 To: Utility Advisory Committee From: Larry Dunbar, Deputy Director of Power Systems Subject: Utility Advisory Committee Membership Summary: The Utility Advisory Committee's community representative and Medic 1 representative have reached the end of their first four -year term. To ensure continuing representation from the community and licensed care facilities, a special Utility Advisory Committee meeting needs to be held between February 16, 2010 and February 24, 2010, and City Council should be requested to make appointments on March 2, 2010. Recommendation: Staff requests that the Utility Advisory Committee determine when they will meet to review applications and interview applicants. Background /Analysis: The Utility Advisory Committee's community representative (Orville Campbell) and Medic 1 representative (Elizabeth Butler) will reach the end of their first four -year term at the end of February. The City Manager's office recently announced that applicants are being sought for these positions on the Utility Advisory Committee including a February 15, 2010 application deadline. The member that represents the community is intended to be an advocate for customers of the City's utilities. The member that represents Medic 1 is intended to be an advocate for licensed care facilities including adult family homes, boarding homes /assisted living facilities, and nursing homes. A special Utility Advisory Committee meeting needs to be held between February 16, 2010 and February 24, 2010 to review applications and interview applicants in an open public session and provide recommendations to City Council as to the preferred candidates for appointment. To ensure continuing representation from the community and licensed care facilities on the Utility Advisory Committee, City Council should be requested to make appointments on March 2, 2010. Staff requests that the Utility Advisory Committee determine when they will meet to review applications and interview applicants. N. \UAC\Final \UAC Membership doc Date: To: From: Subject: PORTANGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo February 9, 2010 Utility Advisory Committee Larry Dunbar, Deputy Director of Power Systems Network Needs Assessment and Public Safety Considerations Update Summary: Vendor proposals have been received in response to the City's Metropolitan Area Network Services request for proposals. Staff provided notice to proceed to Columbia Telecommunications Corporation to prepare a design, cost estimate, business plan and grant application for a wireless mobile data system. Recommendation: For information only, no action requested. Background /Analysis: On July 21, 2009, City Council authorized an amendment to the agreement with Columbia Telecommunications Corporation (CTC) to prepare a request for proposals (RFP) and a grant application. The RFP was advertised on November 23, 2009 for Metropolitan Area Network Services. Vendor proposals were due on February 4, 2010. CTC and staff will evaluate the proposals and interview the Vendors. Vendors have been reminded that they may initiate communications only with the City project manager until the City Council contract award date. Any unauthorized communications may result in the disqualification of a Vendor's Technical Proposal and Service Charge Proposal. The RFP procurement milestones and anticipated schedule are summarized below: Milestone RFP advertisement Pre proposal conference Proposal deadline Vendor interviews Proposal review and evaluation Vendor negotiations Utility Advisory Committee consideration City Council contract award Completion Date Status November 23, 2009 December 2, 2009 February 4, 2010 February 11, 2010 February 12, 2010 March 5, 2010 March 9, 2010 March 16, 2010 Complete Complete Complete On February 2, 2010, City Council requested information about the City's facilities that are currently served with fiber optic infrastructure and receiving services from Capacity Provisioning, Inc. A summary of the City's sites, service levels, uses, and monthly charges is attached. N \UAC\Final \Network Needs Assessment Public Safety Considerations Update doc Network Needs Assessment and Public Safety Considerations Update February 9, 2010 Page 2 On February 2, 2010, City Council re- authorized CTC to proceed to prepare a design, cost estimate, business plan and grant application for a wireless mobile data system under the American Recovery and Reinvestment Act. The Broadband Technology Opportunities Program (BTOP) grant application is anticipated to be available on February 16, 2010, which includes a March 15, 2010 grant submission deadline. CTC will be in Port Angeles from February 16 -18, 2010 to conduct an education and strategy sessions with City Police and Fire Departments and other potential local and regional partners and stakeholders. After the grant application is submitted staff will prepare a letter from the Mayor to elected officials requesting their support of the grant application. The scope of work, milestones, and anticipated schedule are summarized below: Milestone 1) Education and strategy sessions 2) Engineering evaluation and aggregate system -level design 3) Evaluation of sustainability and preparation of aggregate business plan 4) Draft report and grant application prepared 5) City, potential partners and stakeholders review draft report and grant application 6) Letters of support received from potential partners and stakeholders 7) City submits final report and grant application Completion Date Status February 16 -18, 2010 March 5, 2010 March 12, 2010 March 15, 2010 SUMMARY OF SITES WITH FIBER OPTIC INFRASTRUCTURE RECEIVING SERVICES January 2010 Sites City Hall Corp Yard Vern Burton Community Center Park Facility Carnegie Library Fine Arts Center' Fire Station Senior Center William Shore Pool Cemetery- Office Wastewater Treatment Plant Light Operations Transfer Station Electric Substations (7 @258.75) Park Facility Surveillance (3 @30) PenCom Water Treatment Plant Wastewater Lift Stations (10 @73.93) Reservoirs and Pump Stations (4 73.93) Water Treatment Plant Light Operations City Hall /Corp Yard Internet Access Extended Term Growth Discounts 'The Monthly Charges from Capacity Provisioning, Inc. are allocated to several funds, as authorized by City Council on August 20, 2002, which also recognize the Electric Utility payment of the non recurring charges. As part of the allocation, the expenses for some City sites are divided among several different funds. The amounts do not include Washington State sales tax or City public utility tax. At the time of executing the Institutional Network Services Agreement with Capacity Provisioning, Inc. it was recognized that the City was obtaining telecommunications services at approximately 1 /10 of the anticipated cost. The recent assessment completed by Columbia Telecommunications Corporation found that the City enjoys favorable pricing compared to equivalent services across the County. 2 WAN services may be discontinued after September 2010, IA services may also be continued. WAN means wide area network, which is the fiber optic infrastructure and hardware to light the connections to sites that enables services to be provided LAN means local area network, including enterprise systems (e.g., SunGard Public Sector Naviline, GroupWise, file transfer, etc.) using City provided hardware and category 5E cabling within its facilities IA means dedicated (not shared) Internet access IP means Internet protocol phone SCADA means supervisory control and data acquisition system Dark Fiber does not include hardware to light the connections to sites, which is provided by the City. N \UAC \Frnal\Network Needs Assessment Public Safety Considerations Update doc Service Applications Used Level (See descriptions below) 100 Mbps WAN, LAN, IA, IP, SCADA 100 Mbps WAN, LAN, IA, IP, SCADA 100 Mbps WAN, LAN, IA 100 Mbps WAN, LAN, IA 100 Mbps WAN, LAN, IA 100 Mbps WAN, LAN, IA 100 Mbps WAN, LAN, IA 100 Mbps WAN, LAN 100 Mbps WAN, LAN, IA 100 Mbps WAN, LAN, IA 100 Mbps WAN, LAN, IA, SCADA 100 Mbps WAN, LAN, IA, IP, SCADA 100 Mbps WAN, LAN, IA 100 Mbps IP, SCADA 100 Mbps S 100 Mbps WAN, LAN, IA 100 Mbps WAN, LAN, IA, SCADA 5 Mbps SCADA 5 Mbps SCADA Dark Fiber GIS Dark Fiber GIS Dark Fiber GIS 2 Mbps IA Total Monthly Charge $258.75 258.75 258.75 258.75 258.75 258.75 258.75 258.75 258.75 258.75 258.75 258.75 258.75 1,811.25 90.00 165.00 165.00 739.29 295.71 350.00 200.00 100.00 500.00 2,408.00 $5,372.00 PORTANGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: February 9, 2010 To: Utility Advisory Committee From: Phil Lusk, Power Resources Manager Subject: Sea Breeze Power Corporation Summary: Sea Breeze Power Corporation recently reported on progress with the development of its Juan de Fuca Cable Project. Recommendation: Information only, no action requested. Background /Analysis: Sea Breeze Power Corporation (Sea Breeze) recently reported on progress with the development of its Juan de Fuca Cable Project. This is a proposed 550 MW submarine interconnection across the Strait of Juan de Fuca, between Port Angeles, Washington, and Victoria, British Columbia. According to Sea Breeze, this will provide a new link between the northwest terminus the Bonneville Power Administration's (BPA) Port Angeles substation, and the southwest terminus of the provincially -owned system in British Columbia, Canada. The project has been granted all major permits necessary to proceed to construction within both the United States and Canada. Construction of the Juan de Fuca Cable is estimated at 26 months, with a target for commencement of operations in 2012. On December 22, 2009, Sea Breeze submitted an application to the US Department of Energy's Loan Guarantee Program under the American Recovery and Reinvestment Act of 2009, for a loan guarantee of up to $480 million. In addition to the capital cost specific to the cable system itself, the project budget also includes provision for significant network upgrades to the existing transmission network on both sides of the international border, should they be necessary. A recent newspaper report suggested that adding a second main transmission line would improve transmission reliability. While the Northern Olympic Peninsula is served by a single transmission line, according to the Bonneville Power Administration (BPA), the City has enjoyed perfect reliability during the last five years. BPA's outage records show only two sets of momentary outages in the past decade. BPA is a highly reliable provider of electricity, and enhancing transmission reliability may not be the most cost effective reason for building the project. As the newspaper report pointed out, having access to lower -cost renewable energy resources may provide some benefits to the region. Moreover, the proposed cable path appears to be within the proximity of a promising advanced waterpower location that was identified last year by the Pacific Northwest National Laboratory. N \UAC \Final \Sea Breeze Power Corporation doe S ARTU ON REFLECTION BU LD RIGA SMARTER GR D A REGIONWIDE EFFORT TO MAKE ELECTRICITY DISTRI- BUTION MORE EFFICIENT GETS UNDER WAY. MORE THAN 60,000 ELECTRICITY customers in the Pacific Northwest will soon take part in a new effort to create a regional "smart grid" for power dis- tribution. The customers will test new combinations of devices, software and advanced analytical tools that will help enhance the power grid's integration, reliability and performance. And the Tri- Cities will be one of the centers of the new iniriative Smart grid technology is about pro- moting energy efficiencies with the -help of an interactive system connect- ing energy distributors and consumers. Many electric utility companies, as part of their efforts to make the transition to a smart grid, have installed "intelligent" meters on the premises of their custom- ers These_meters, with their two -way communication capabilities, allow the utility to monitor power usage remotely, easily connect or disconnect services, and manage peak demand. But to achieve any real gains, the system needs to be integrated at a much. wider level That's why the U S Department ofEnergy (DOE) recently announced multimillion dollar grants for 16 regional smart grid de_monscat -on projects The Pacific Northwest Smart 14 1 SB EE LJARY 2010 Grid Demonstration Project, which aims to develop amore cost effective and reli- able electrasupply, is one of them. The $178 million protect is intended to validate new smart grid technolo- gies and business models, as well as to study the real -time data flows across the electric grid, including adjustments of power consumption when the grid is under stress. The project, spread across Idaho, Mo ntana, Oregon, Washington and Wyoming, will quantify cost benefits; develop standards for the interoperabil- iry of equipment to integrate transmis- sion, distribution and customer-interface systems; and plug renewable generation resources into the grid. The projec is a partnership between the Bonneville Power Administration, regional utilities including Seattle City Light and Portland General EIectric, technology companies such as IBM, AREVA USA, and 3Tier Inc., among others, and institutions like the Uni- versity of Washington and Washington State Universiry. The project will be led by Battelle, which manages six national laboratories for the DOE, including Pacific Northwest National Laboratory in Richland- The federal government will provide 588.8 *pillion and the rest of the investment capital will be supplied by project partners. "The demonstration project will help us learn what works and what doesn't," says Ron Melon, the project director in P,ichiand. "1:'s about learning regionally to apply it nationally.' As part of the study; utlines will install r new eawpment for demonstration appli- cations curing the next two years, and the partner organizations will collect data from 15 rest sires Pra :ik Joshhi the B R TFF CASE 1. The Hutch wins $55 million deal The Fred Rutchpnson Cancer Research Center, has landed a S55 4 million multiyear contract from the National Cancer Institute to become the on;y operator of :he Cancer Information Sernce (CiS) Contract Center The °eel will create 60 new jobs The CIS is a free telephone and online resource for people to obtain personalized information regarding cancer prevention, screening and treatment. 2. Smith Tinker cuts staff Bellevue -based toy and online game company Smyth Tinker has cut its staff substantially, despite the recent release of its hign- profile Nanovor game and a recent 529 million round of venture funding. Though :he company wouldn't disclose how many people it laid off, VentureBeat reposed that 30 percent of the staff lost jobs Before the layoffs, the company, led by video game veterar Jordan Weisman, employed 45 people. 3. ZymoGenetics cuts 52 jobs In a U S. Securities and Exchange Commission filing, ZymoGenetics the largest independent biotech firm in Seattle, announced that it will be reducing its staff by 15 percent. or 52 positions. The company will also discontinue its immunology discovery research programs 4. Infinia raises $9 million in funding Kennewick -based Infinia Corp. raised S9 million in new debt and equity funds from current investors, including 62 million from Paul Allen's Vulcan Ventures Infinia is working on solar energy technology that uses a dish to concentrate sunlight, which creates heat that drives a Stirling engine and generates electricity 5. Naverus acquired by GE Aviation GE Aviation nas acquired Kent -based Naverus, a company that develops aviation navigation systems, for undisclosed terms Naverus is a 60- person lousiness founded by zwo Alaska Airlines pilots .n 20C3 6. Dreamliner takes flight Boeing s 787 "Dreamliner" competed its first test flight rn Decemoer, two years benind schedule. The composite material plane performed well dunng its maicen flight. II