HomeMy WebLinkAboutUAC Agenda Packet 10/11/2016 Utility Advisory Committee
Jack Pittis Conference Room
Port Angeles, WA 98362
October 11, 2016
3:00 p.m.
AGENDA
L Call To Order
II. Roll Call
III. Approval Of Minutes for August 9, 2016
IV. Late Items
V. Discussion Items:
A. CSO Phase II-Vanir Construction Mgt. Prof. Services Agreement Amend. 2
B. Industrial Wastewater Pretreatment Program Municipal Code Update
C. Industrial Transmission Electric Rate Ordinance Amendment
VI. Information Only Items:
VII. Next Meeting Date: November 8, 2016
VIII. Adjournment
N:AUAC\MEETINGS\UAC2016\UAC1016\100916 Agenda.docx
Utility Advisory Committee
Jack Pittis Conference Rooms
Port Angeles, WA 98362
August 9, 2016
3:00 p.m.
L Call To Order
Chair Lynn Bedford called the meeting to order at 3:01 p.m.
II. Roll Call
UAC Assigned
Councilmembers Present: Cherie Kidd and Vice Chair Lee Whetham
Other Councilmembers Absent: Sissi Bruch, Brad Collins, Mayor Patrick Downie, Dan Gase,
and Michael Merideth
UAC Members Present: Chair Lynn Bedford, Rob Feller and Betsy Wharton (3:05 pm)
UAC Members Absent: Laura Dodd
Staff Present: Craig Fulton, Gregg King, Dan McKeen, Ken Dubuc, Byron
Olson, Bill Bloor, Kathryn Neal, Jonathan Boehme, Vincent
McIntyre, and Michelle Hale
Others Present: Rebecca Dugopolski, Senior Engineer, Herrera Inc.
III. Approval Of Minutes
Chair Lynn Bedford requested a motion for approval of the June 14, 2016 minutes. Cherie Kidd
moved to approve the minutes and Vice Chair Lee Whetham seconded the motion, which carried
unanimously.
IV. Late Items:
None
V. Discussion Items:
A. Medic 1 Transportation Fees
Ken Dubuc, Fire Chief presented an overview of the current and proposed rates of Medic I
ambulance transport. He emphasized the proposed rate adjustments will not affect City residents
or employees of a business within the City, as they are not billed beyond their private insurance
coverage.
Chief Dubuc requested UAC members to review the Ambulance Transport Rates Comparable
Chart and provide a favorable recommendation to Council to receive a presentation and
comments on the proposed ambulance transport rate adjustments. Discussion followed.
Cherie Kidd moved to recommend City Council to set a public hearing to receive a
presentation and comments on proposed ambulance transport rate adjustments. Vice
Chair Lee Whetham seconded the motion,which carried unanimously.
B. Stormwater Utility Rate Structure
Jonathan Boehme, Stormwater Engineer provided a powerpoint presentation on the Stormwater
Utility Rate Structure. He presented a brief overview on what the stormwater utility does and
then focused on the stormwater rate structure; discussing current and potential options. The
revisions will provide a better balance between the residential and commercial rate classes, and
will eliminate the need for rate increases under the current rate structure in 2017 and 2018. The
request was for the UAC to identify preferred options and forward a recommendation to City
Council. A lengthy discussion followed.
Vice Chair Lee Whetham moved to recommend to City Council a Council work session to
review and discuss the Stormwater Utility Rate Structure's analysis and philosophies.
Betsy Wharton seconded the motion,which carried unanimously.
C. NPDES Stormwater Permit-Required Municipal Code Standards
Jonathan Boehme, Stormwater Engineer introduced Rebecca Dugopolski, Senior Engineer of
Herrera, Inc. Herrera is the contractor hired to assist the City with reviewing, revising, and
making effective local development-related codes, rules, standards, and enforceable documents
to incorporate and required LIDs (low impact development). Rebecca presented a powerpoint
presentation on the NPDES Stormwater Permit-Required Municipal Code Standards proposed
revisions. Request was to approve the utility-related revisions to the Port Angeles Municipal
Code (PAMC) Title 3, Title 13.63 and the Urban Services Standards and Guidelines.
Vice Chair Lee Whetham moved to recommend City Council to approve the utility-related
proposed revisions to PAMC Title 3, PAMC Title 13.63, and the Urban Services Standards
and Guidelines. Betsy Wharton seconded the motion,which carried unanimously.
VI. Information Only Items:
NONE
VIL Next Meeting Date: September 13, 2016
VIII. Adjournment: 5:02 p.m.
Chair Lynn Bedford Michelle Hale, Administrative Specialist II
/ T NGELES
W A S H I N G T O N, U. S. A.
Utility Advisory Committee Memo
DATE: October 11, 2016
To: Utility Advisory Committee
FROM: JEFF BENDER,P.E.,CIVIL ENGINEER
SUBJECT: CSO Phase II -Vanir Construction Management Professional Services
Agreement Amendment 2
Summary: The City entered into a contract with Vanir Construction Management, Inc. on May
14, 2014 in the amount of$1,563,726 to provide construction management services for the
Combined Sewer Overflow(CSO)Phase 11, Project WW 1008. This project is the final phase of
the City's CSO Reduction Program approved by the Department of Ecology. The Program
reduces CSOs to the Port Angeles Harbor in compliance with the terms of Agreed Order 3853.
This amendment provides additional compensation for construction management professional
services to compensate for time impacts, and support on project claims.
Funding:
Sufficient funds are available in the City's 2016 budget for Amendment 2 to the Vanir contract,
from the CSO fund accumulated through rates.
a) The construction project originally was approved by Council on January 6, 2015 with a
contingency of$968,305. The construction contract has had 12 approved change orders for a
total value of$172,077 and the construction management agreement has had one amendment in
the amount of$360,099. This leaves a net contingency balance of$412,287 at this time.
b) In addition, there are no construction changes, but there are four (4) construction contractor
claims outstanding that still require negotiation and possibly mediation.
Recommendation: Forward a favorable recommendation to City Council to authorize the City
Manager to sign Amendment No. 2 to the Professional Services Agreement with Vanir
Construction Management, Inc. increasing the value by $156,000 for a revised maximum not-to-
exceed amount of$2,079,825.
Background/Analysis: The scope of work for the CSO Phase II Project is to replace existing Pump
Station 4 with a new pump station that will have an increased capacity of 28 million gallons per day
N:AUAC\MEETINGS\UAC2016\UAC1016\Vanir 2016-10-11 UAC-CSO Phase II-Vanir Construction Management Contract
Amendment 2 CAE.docx
(mgd). The new pump station is located directly south of the existing Pump Station 4 on Marine
Drive. The Project also includes a gravity diversion sewer(Front Street Diversion Sewer)to convey
flow directly from the location of CSO 008 at Peabody Creek to the new pump station,the
completion of the new force mains partially constructed in CSO Phase 1, and a new influent sewer to
divert flows from the existing Pump Station 4. The CSO Phase II project is the final phase of the
City's CSO Reduction program approved by the Department of Ecology. This project will reduce
CSOs into the Port Angeles harbor in compliance with the terms of Agreed Order 3853.
Amendment 91 approved February 12016 - Vanir Construction Management,Inc.,was awarded the
construction management professional services agreement to provide oversight for the CSO Phase 2
project on April 15, 2014 in the amount of$1,563,726. Vanir was also awarded construction
management services for WTIP Phase 2. Construction management costs were negotiated lower than
normal with the assumption both projects would be built simultaneously. As a result of delay in
awarding CSO Phase 2 due to permitting issues,both construction contracts were executed
separately,increasing management costs. Amendment 1 was approved on February 1, 2016 for
$360,099 to compensate Vanir for additional costs in overseeing two consecutive contracts rather
than two simultaneous contracts. Back in February,the negotiated contract amount in Amendment 1
was considered achievable,but still left Vanir a tight budget. At that time it was acknowledged that
some lesser adjustment towards the end of construction activities could be necessary to assist in
claims negotiations or added construction duration.
Amendment 92 - The CSO Phase 2 project completion has been delayed which was originally June
27, 2016,including 26 days added for change orders. The City granted substantial completion as of
August 15, 2016. The delay is largely the consequence of difficulties encountered while pile
driving/excavating/dewatering, and procurement and installation of the 6 sewage pumps. The
construction contract has a liquidated damages clause in the amount of$5,000 per calendar day for
delays beyond the scheduled completion date. Final settlement negotiations are required to resolve
outstanding contractor claims for cost and time, and possible liquidated damages. Vanir will be
instrumental in supporting the city's position during these negotiations.
As a consequence of the time impacts and added support for contract claims negotiations, Vanir has
requested a not-to-exceed contract adjustment. A series of negotiation sessions occurred to validate
project budgets, assess minimum staffing needs, and to use more City staff prior to Vanir submitting
their request. A final not-to-exceed amount was negotiated at $156,000. The final figure includes an
understanding that defense of formal claims submitted by the contractor would be a collaborative
effort between the City and Vanir. The professional services agreement is an hourly contract, so the
City will only be charged for the actual effort that the construction management firm uses.
It is recommended to forward a favorable recommendation to City Council to authorize the City
Manager to sign Amendment No. 2 to the Professional Services Agreement with Vanir Construction
Management, Inc. increasing the value by $156,000 for a revised maximum not-to-exceed amount of
$2,079,825.
CSO Phase 2 Contingency Balance Change Contingency
Orders Balance
Starting contingency balance: 968,305
Change Order 1 Marine Drive Gravity Sewer Modifications and Medium Voltage ( 39,3'I7)
Equipment and Cable Installation 1,007,618
Change Order 2 Front Street Utility Modifications and Sheet Pile Driving Force $0
Majeure Weather Day 1,007,618
Change Order 3 Utility Conflicts and Unforeseen Conditions(Front Street Storm $10,466
Sewer) 997,152
Change Order 4 Additional Asphalt Grinding and Placement $109,298 887,853
Change Order 5 Milestone 1 $0 887,853
Change Order 6 Excavation Testing-Dewatering Concurrent Delay $0 887,853
Change Order 7 Bridge Crane and Strider Open Items Negotiations $82,415 805,438
Change Order 8 Trap and Trap Primer Deletion ($1,84 7) 807,285
Change Order 9 William Ott(DRB) ( '000) 809,185
Change Order 10 Miscellaneous Changes ( 8,680) 817,865
Change Order 11 Deletion of Francis Street Work Drawing C-210 ($9,546) 827,411
Change Order 12 Alley Paving,CO 10 and 11 Protest Mitigation $31,183 796,227
Misc Costs Legal/Fiber relocations/Rentals/etc $23,841 772,386
Vanir Amendment 1 Additional Compensation $360,099 412,287
Subtotal $556,018 412,287
Vanir Amendment 2 Additional Compensation $156,000 256,287
Total $1,268,035 256,287
N:\UAC\WETINGS\UAC2016\UAC1016\Vanir2Ol6-10-11 UAC-CSO Phase II-Vanir Construction Management Contract
Amendment 2 CAF.docx
/ T NGELES
W A S H I N G T O N, U. S. A.
Utility Advisory Committee Memo
DATE: October 11, 2016
To: Utility Advisory Committee
FROM: CRAIG FULTON,P.E.DIRECTOR OF PUBLIC WORKS AND UTILITIES
SUBJECT: Industrial Wastewater Pretreatment Program Municipal Code Update
Summary: The Wastewater Utility is required by the Washington State Department of Ecology
to update its Industrial Wastewater Pretreatment Program to comply with our National Pollutant
Discharge Elimination System permit, and to comply with Environmental Protection Agency
standards. In order to comply with the new NPDES permit, PAMC 3.70.110 and PAMC 13.06
must be updated to reflect changes in the NPDES permit.
Funding: Not Applicable.
Recommendation: Forward a favorable recommendation to the City Council to approve the
utility-related proposed revisions to PAMC Title 3.70.110 and PAMC Title 13.06.
Background/Analysis: The City is regulated by the Department of Ecology 2016-2020 National
Pollutant Discharge Elimination System(NPDES)permit which delegates to the City the regulation of
industrial wastewater dischargers,both Minor Industrial Users (MN's) and Significant Industrial Users
(SI 's).Until recently, the Department of Ecology only delegated to the City the regulation of MN's.
The new NPDES permit now delegates to the City the regulation both MN's and SI 's. These changes
provide the City with full oversight of its wastewater system,while allowing a more streamlined and
faster permit review process for City businesses.
In order for the City to comply with the new NPDES permit, the City must amend PAMC Title 3.70.110
and PAMC Title 13.06. In addition,minor changes have been made to PAMC Title 3.70.110 and PAMC
Title 13.06 to update language that is no longer pertinent.
Staff requests that the Utility Advisory Committee forward a favorable recommendation to City Council
to approve the utility-related proposed revisions to PAMC Title 3.70.110 and PAMC Title 13.06. A first
reading of the ordinance is scheduled for October 18, 2016, and a second reading for November 1, 2016.
N:AUAC\MEETINGS\UAC2016\UAC1016\Wastewater Code Update Memo.docx
ORDINANCE NO
AN ORDINANCE of the City of Port Angeles, Washington amending
Chapter 13.06 of the Port Angeles Municipal Code as follows relating
to industrial wastewater pretreatment.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
AS FOLLOWS:
Section 1. Ordinance 3397 and Chapter 13.06 of the Port Angeles Municipal Code
are hereby amended by amending the following sections to read as follows:
CHAPTER 13.06 INDUSTRIAL WASTEWATER PRETREATMENT
13.06.010 Purpose and policy.
13.06.011 Definitions.
13.06.012 Abbreviations.
13.06.020 Administration.
13.06.030 Discharge prohibitions.
13.06.031 Fats,oil and grease(FOG).
13.06.032 New construction.
13.06.033 Existing construction.
13.06.034 Grease➢.. arian,q;;�;;c,; maintenance.
13.06.035 Grease 2 additives.
13.06.036 Solids interceptor.
13.06.037 Grease gic7r sizing.
13.06.038 Flow controls.
13.06.039 Record keeping.
13.06.040 Limitations on wastewater strength.
13.06.041 National Categorical Pretreatment Standards.
13.06.042 State Pretreatment Standards.
13.06.043 Right of revision.
13.06.044 Dilution.
13.06.045 Local limits.
13.06.050 Accidental discharge/slug discharge control plans.
1
13.06.051 Hauled wastewater.
13.06.060 Pretreatment facilities.
13.06.061 Additional pretreatment measures.
13.06.080 Wastewater discharge permits.
13.06.100 Reporting requirements.
13.06.110 Analytical requirements.
13.06.111 Sample collection.
13.06.120 Compliance monitoring.
13.06.130 Confidential information.
13.06.140 Publication of users in significant noncompliance.
13.06.150 Administrative enforcement remedies.
13.06.160 Judicial enforcement remedies.
13.06.170 Supplemental enforcement action.
13.06.180 Affirmative defenses.
13.06.181 Bypass.
13.06.190 Pretreatment charges and fees.
13.06.011 Definitions.
Unless a provision explicitly states otherwise,the following terms and phrases,as used in
this chapter,shall have the meanings hereinafter designated:
A) 'Act"-The Clean Water Act(33 U.S.C.1251 et seq.),as amended.
B) 'Additive"- Any material put into a grease n�FYH A sy,tnrtn - GIor anyrc ,�
drain lines or appurtenances discharging to aCRSi1,intended in any way to modify the
operation of the GGI.
C) 'AK4RT"-All known available and reasonable treatment technology.
D) 'Applicable Pretreatment Standards"-For any specified pollutant,the City's prohibitive
discharge standard,the City's specific limitations on discharge,the State of Washington
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 manufacturing,production,or operating facilities,provided
the manager is authorized to make management decisions which govern the operation of
the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiate and direct other comprehensive measures to
assure long-term environmental compliance with environmental laws and regulations;can
2
ensure that the necessary systems are established or actions taken to gather complete and
accurate information for control mechanism requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with corporate
procedures.
2) If the user is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
3) If the user is a Federal, State,or local governmental facility: a director or highest official
appointed or designated to oversee the operation and performance of the activities of the
regulated facility,or their designee.
4) The individuals described in paragraphs 1. through 3., above, may designate another
authorized representative if the authorization is in writing,the authorization specifies the
individual or position responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental matters for the
company,and the written authorization is submitted to the City.
F) 'Automatic grease cera r a Sarrfc rcc::tafu ...(PCg/)" A 4.-R-SQ'[that has provision
to automatically remove separated FOG and/or settled solids from the tank and collect them
for disposal.
G) 'Biochemical oxygen demand or BOD" - The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five 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 13.06.030.A.and B.[40 CFR 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 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.
T) "Categorical Industrial User"-An industrial user subject to a Gcategorical P-pretreatment
Sstandard or Gcategorical Sstandard.
K) "City"-City of Port Angeles,Washington.
L) "Composite sample"-A composite of several samples taken throughout the period of a day
when a regulated discharge is occurring.Several brands of electric samplers,some with a
refrigerated sample collection area, may be used. Approvable composite samplers may
either use a flow paced or time paced algorithm.
M) 'Daily limit or daily maximum limit"-The maximum allowable discharge of a pollutant
over a calendar day or equivalent representative 24-hour period.
N) 'Director"-The City of Port Angeles'Public Works and Utilities Director.The term also
means a duly authorized representative of the Director. Whenever in this chapter the
Director is given authority to establish limits,extend or shorten time,make a determination
3
or finding,or make other decisions,he shall do so within the bounds of applicable local,
state,and federal law and in accordance with BMPs.
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44ff R�, nFl � c ars dl a q is pr.... v llo rr vvaa
1")" I 'Discharger"-Any non-residential user who,by any means,discharges an effluent
into a POTW.
t)II) 'Environmental Protection Agency"-The U.S.Environmental Protection Agency
or,where appropriate,the Regional Water Management Division Director,the Regional
Administrator,or other duly authorized official.
14)?,2,,,;),,,,,,,,,,,,,,,,,,,, 'Existing source"-Any source of discharge subject to Ccategorical Sstandards that
does not meet the definition of a"new source."
I?) 'Eats, oils, and grease (FOG)"- The term fats,oils,and grease shall mean those
components of wastewater amenable to measurement by the methods described in
"Standard Methods for the rrfl�lira�xtia I,x�m7ir ion of ���r Waler and
....................................................................... .....................................
as . tr W. latest approved edition,,,or other methods approved by 40 CFR
136.For the purposes of this chapter, the term fats, oils and grease shall include polar
(anini al ba xl and R ayn1 11 and other components extracted from
wastewater by these methods,excluding the non-polar(P.,'1➢::c71,,,,�Tt::a7tlw,,r)fraction,,,,
'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 days per week and that discharges to the POTW.
l")I ) "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 15 minutes.
`�;[;) "(- -ar✓rt�r=c {��ia�!r+����r�rr�j�t�t�>F, Crrcre�rf�'s;rc�ascr�rfc�rcc�Xrfear"
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 G k C:Gl I,or AG'k- ,, ;'I,to
serve one or more fixtures and that is remotely located.
"Grease 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 A(.-RW.i .
41.44. l t d earrac c l.a.!2.c cr/...s>rc asc r rfc rccl feat" - 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
(4k-, <i:l:.or ACFG �,CY' All t: .ap.ktyla Tyr�,,c7 rrrac ttapaic,al grease BTt 7u al ay 4 araianI rc, s
must be PDI or IAPMO approved.
Y "Indirect discharge" - The discharge or the introduction of pollutants into the
POTW from any non-domestic source regulated under Section 307(b)(c)or(d)of the Act.
Y) Irrctnstrial nser or user A SC7u rce o fir direct ct dis,LJ. R➢,?�f.AnIlli On..(jornest ic sou r e
aa,p;a 1�fe l Q nd�.a �ecfion :7(D7(k)(c)oa;,,,,,(d o-1he Act. Aa ynan-domesficsource Mich has
4
�fic .o�c�n�i�1�o disclh�a:;�,w� �cw��ca:�o�i7c V'6,1TW wllriclh coaald: .osc�llt�z�ad�o C:`i� w��lf
or the POI E p ass allzp oug tfic V'OTW Q n�a c �cd or inade apa a��1y���tiled; Erle rfere with
o.ca tion of�i7c V'OTW oa �fc use and ac Q we of accl imcd w Hca oa wlud.rc; or cause the
C,ily._io violaq any�camy or limily fil
o �s V'VtI S parr i
Z) 'Industrial waste"- Solid, liquid or gaseous waste resulting from any industrial,
manufacturing,trade or business process or from the development,recovery or processing
of natural resources.
AA) 'Instantaneous maximum discharge limit"or"instantaneous limit"-The maximum
concentration of a pollutant allowed to be discharged at any time, determined from the
analysis of a discrete sample.Where a user is required to take a grab sample for purposes
of determining compliance with local limits, this standard is the same as the daily
maximum standard.For pollutants for which users are required to take composite samples,
(or for metals if no permit has been issued)the instantaneous limit shall be twice the daily
limit.
BB) 'Interference"-A discharge which causes(either by itself or in combination with
other discharges)a violation of the City's NPDES 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.An example is a
discharge from a user which causes a blockage resulting in a discharge at a point not
authorized under the City's NPDES permit.
CC) "Local limits" - Effluent limitation developed for users by the director to
specifically protect the POTW from the potential of pass through, interference, vapor
toxicity,explosions,sewer corrosion,and contaminations of biosolids.Such limits shall be
based on the POTW's site-specific flow and loading capacities, receiving water
considerations,and reasonable treatment expectations for non-domestic wastewater.
DD) 'May"-Is permissive(see"shall").
EE) 'Medical waste" - Isolation wastes, infectious agents, human blood and blood
products,pathological wastes,shaips,body parts,contaminated bedding,surgical wastes,
potentially contaminated laboratory wastes,and dialysis wastes.
FF) '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:
1) Have some discharges of wastewater that could cause detectably elevated concentrations
of metals or toxics in the pretreatment quarterly analysis;or
2) Have a discharge of small quantities of dangerous waste to the POTW which have been
excluded from regulation under Chapter 173-303 WAC, or its successors, through the
domestic sewage exclusion;or
3) Have a potential to discharge or spill chemicals to the POTW.
GG) 'Monthly average"-The arithmetic mean of the effluent samples collected during
a calendar month or specified 30-day period. Where the control authority has taken a
sample during the period,it must be included in the monthly average if provided in time.
5
However,where composite samples are required,grab samples taken for process control
or by the control authority are not to be included in a monthly average.
HH) 'Monthly average limit" - The limit to be applied to the monthly average to
determine compliance with the requirements of this chapter (see section 13.06.045 for
listing).
II) 'Natural outlet"-Any outlet,including storm sewer overflows,into a watercourse,pond,
ditch,lake or other body of surface or ground water.
JJ) 'New source"-
1) Any building,structure,facility,or installation from which there is(or may be)a discharge
of pollutants, the construction of which commenced after the publication of proposed
pretreatment standards under Section 307(c), or its successors, of the Act which will be
applicable to such source if such standards are thereafter promulgated in accordance with
that section,provided that:
a) The building, structure,facility, or installation is constructed at a site at which no other
source is located;or
b) The building, structure,facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source;or
c) The production or wastewater generating processes of the building, structure,facility, or
installation are substantially independent of an existing source at the same site. In
determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant,and the extent to which the new
facility is engaged in the same general type of activity as the existing source, should be
considered.
2) Construction on a site at which an existing source is located results in a modification rather
than a new source if the construction does not create a new building,structure,facility,or
installation meeting the criteria of subsection (1)(b) or (c) above but otherwise alters,
replaces,or adds to existing process or production equipment.
3) Construction of a new source 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 new source facilities or equipment;or
b) Entered into a binding contractual obligation for the purchase of facilities or equipment
which are intended to be used in its operation within areasonable time.Options to purchase
or contracts that can be terminated or modified without substantial loss,and contracts for
feasibility,engineering,and design studies do not constitute a contractual obligation under
this paragraph.
KK) 'Non-FSE FOG discharger (NFD)° - Any establishment, such as a church,
synagogue, worship hall, banquet facility, or meeting space, with a commercial-style
6
kitchen that is used for preparing,serving,or otherwise making available for consumption
foodstuffs in or on a receptacle that requires washing two days a week or less and that
discharges to the POTW.
f f,) ......... . Cal,,,, indrs1n;,a1 oa;,
commercialuser ofaheM['Wtrhaldocs no!cralii C �si:!nilicanaindrs�n�ia1rse➢�o➢amino➢�
i.t]dui,A!i al usaa„ and ib.t11 m➢alas l acdrfies fltay
l) lIav no discll7 al„ is of waste ahaa could cause,deaecla�ly alevaaad concentrations of
..... .
m lals or toxics l➢a the...p➢E Q➢E aamf nQ qua..all ➢'.l £� aV➢.tal ysis. aIlll:d
2} llaV.(; no (lrsdll.am of...dRIla1rfro s Yv aste to Q)17E.....V'C)1.W which have be n...._Excluaded loom
➢u,:r.;urlation under Chamer 173-303 WAGs,ISors �ll7➢�ou�17 thedorTic sfic s,cwa
excluasiopa;rand
lI av, l��ala on;,,, o oaen�ial ao di�sCll7 a➢ e o➢ s ill chCrnicals to the 1 OTW.
'NPDES"-National Pollutant Discharge Elimination System P-Permit program as
administered by the USEPA or State.
NN.)................................."0 and M"-Operation and maintenance.
00) (accasceaaral I.scr ...._A pe➢�son wlho does_x t-anormall dischas 7,e to tll7e V'C,1TW bua
1i�om7.._firTic:::ao.-firyie h.as...a....kn.e.. d to dn,ach�➢� e...)L7.au.1.ed waste. Occasional users are reouired to
....
ohaain a disch a➢gE I erYTIJI froilL le_ ]Lector it accord C� wr llz ��clrorn;s......J.....3..........0.......6........(..8...(......(.L
tlltao;a, llt 17 ® ,(D 4(D{l , offll7ls,Clh�x1? :r.
0tlzer (ser"- �a no�n�..donnestic...assn;,root lA��rr,.:.,-the dascn;ip�ions of a ��rniiia�ntr
lndu,s�➢ialUse!!Mirnonaligdustnr�llJsexDon-sn nilac_aanf_lndaw�➢�i llJsan C) cas�onal...lJsan:,.
p.t:ic W aste...11l req auler, a ➢i➢air sovmc karnd ol:.Vksa IWl.aaa➢agc➢Ttenl P'Int dices toCtaa-a'
ow
�ll7e„per➢lroses ofthns C;lh agraCr.
"Other wastes” - Decayed wood, sawdust, shavings, bark, lime, refuse, ashes,
garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial
wastes.
Y➢' )1".IE"a.)..........'Pass through"-A discharge that exits the POTW into waters of the United States
in 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}'
NPDES permit,including an increase in the magnitude or duration of a violation.
PP)��..1.............'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.
is i)I l,;') 'pM"-A measure of the acidity or alkalinity of a solution,expressed in standard
units.
kk)[ l 'I 'pOTW (public owned treatment works)" - A treatment works, as defined by
Section 212 of the Act(33 U.S.C.Section 1292),that 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,that
convey wastewater to a treatment plant.
7
�'') '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).
��) 'Pretreatment°- The reduction of the amount of pollutants, the elimination of
pollutants,or the alteration of the nature of pollutant properties in wastewater prior to,or
in lieu of,introducing such pollutants into the POTW.This reduction or alteration can be
obtained by physical,chemical, or biological processes;by process changes; or by other
means, except by diluting the concentration of the pollutants unless allowed by an
applicable pretreatment standard.
. ) Seer" liuuted domestic wasle ftom.re.sJdeli tial and commercial onsile senlfc.
wys�ems,and food senv�ce es��iblisll7men�nYc�s� i�ni��cep�o�:s.
5;�wage"-Water-cairied human wastes ora combination of water-carried wastes
from residence,business buildings,institutions and industrial establishments,together with
such ground,surface,storm or other waters as may be present.
)!!) Sewer"- Any pipe, conduit, ditch or other device used to collect and transport
sewage or storm water from the generating source.
.`Shall Is mandatory.
I I)) Significant industrial user(SIU)"-Except as provided in paragraph(3)below,a
significant industrial user is:
1) A user subject to categorical pretreatment standards;or
2) A user that:
a) Discharges an average of 25,000 gpd or more of process wastewater to the POTW
(excluding sanitary,noncontact cooling,and boiler blowdown wastewater);
b) Contributes a process wastestream which makes up five percent or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plant;or
c) Is designated as such by the City on the basis that it has areasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement.
3) Upon a fording that a user meeting the criteria in paragraph(2)above has 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),
or its successors,determine that such user should not be considered a significant industrial
user.
'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 conditions. This includes discharges at a
8
flow rate or concentration that could cause a violation of the prohibited discharge standards
of section 13.06.030 of this chapter.
/,/)I�I�I:�)....Storm water" - Any flow occurring during or following any form of natural
precipitation,and resulting from such precipitation,including snowmelt.
4)I I:I:.) Suspended solids"-The total suspended matter that floats on the surface
of, or is suspended in, water, wastewater, or other liquid, and that is removable by
laboratory filtering.
I",I",4)l la 'j"Toxic pollutants"-Those substances, and any other pollutant or combination of
pollutants listed as toxic in regulations promulgated by the Administrator of the
Environmental Protection Agency under Section 307,or its successors,of the Clean Water
Act.
"Upset"-An exceptional incident in which a discharger unintentionally and
temporarily
is in a state of noncompliance with the standards set forth in this chapter due
to factors beyond the reasonable control of the discharger,and excluding noncompliance
to the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper
operation thereof.
I�I�I�)I II„III) "User or industrial user” - A source of indirect discharge A.rn;y„
domie.slic source reg laled under S ctnon 7®7(b.�..(c. or(d� of fliie Acl_Any�nonn domestic
..
Source Mlic h..a1 as tIlia....poje n i al..ao disdia gc w� tew atrr to lli V'6.1.[w Mlidi could....pose a
ll7 aztl�Yl �o C Iy staff rr� �7e V'()I V✓;_ptass tbrou Y7 �ll7e 1'()_I W ura,l�c a� d,c7,p iaa ad tap 1}
afere with o�Tcr���iou of the PO f.W_or the use and re-�u use of reclaim-ied water or
wl rlf;.; o� cau_,c tIT i,ly to viol i akar ter-s ofylw NV' eft_.
I,d,k)N N N}„ "Wastewater"-Industrial waste,or sewage or any other waste including that which
may be combined with any ground water, surface water or storm water, that may be
discharged to the POTW.
13.06.012 Abbreviations.
A. A(44AGI-Automatic grease➢.. a rw al �reaa� ,�c .
B. BOD-Biochemical oxygen demand.
C. BMP-Best Management Practice.
D. CFR-Code of Federal Regulations.
E. CIU-Categorical Industrial User.
F. DOE-Department of Ecology.
G. EPA-U.S.Environmental Protection Agency.
H. FSE-Food Service Establishment.
E FOG-Fats,oils and greases.
J. gpd-gallons per day.
9
K. (444-S,(il- Grease n)Y4s ..
nn� n�,:1 �c7➢.
L. mg/1-milligrams per liter.
M. MIU-Minor industrial user.
N. NFD-Non-FSE FOG discharger.
O. NPDES-National Pollutant Discharge Elimination System.
P. POTW-Publicly owned treatment works.
Q. RCRA-Resource Conservation and Recovery Act.
R. SIU-Significant industrial user.
S. TSS-Total suspended solids.
T. USC-United States Code.
13.06.020 Administration.
Except as otherwise provided herein,the Director shall administer,implement,and enforce
the provisions of this chapter.Any powers granted to or duties imposed upon the Director
may be delegated by the Director to other City personnel. The &4E
(:)4 �i�y_gtf_Q'c7n� 4ln,t ll sC::� will evaluate all tn.:4n-t
industrial users( IUs)who wish to discharge into the City of Port Angeles'POTW. 1444�,
7.J..i -(.:.Iv will issue all industrial wastewater discharge permits and perform enforcement
actions against those 4IUs that are in violation of their discharge permit or this chapter.
13.06.030 Discharge prohibitions.
The following discharges are prohibited:
A. No user shall introduce or cause to be introduced into the POTW any pollutant or
wastewater that causes pass through or interference. These general prohibitions apply to
all users of the POTW whether or not they are subject to 8categorical ggretreatment
-Sstandards or any other National,State,or local pretreatment standards or requirements.
B. No user shall introduce or cause to be introduced into the POTW the following pollutants,
substances,or wastewater:
1. Pollutants that either alone or by interaction may create a fire or explosive hazard in the
POTW, a public nuisance or hazard to life, or prevent entry into the sewers for their
maintenance and repair or are in any way injurious to the operation of the system or
operating personnel.This includes waste streams with a closed-cup flashpoint of less than
140 degrees F (60 degrees C)using the test methods specified in 40 CFR 261.21, or its
successors.
2. Any soluble waste or wastes having a pH lower than 5.0 or higher than 10.0 or having any
other corrosive property that reasonably could be hazardous to structures, equipment, or
10
personnel of the City,such as,but not limited to,battery or plating acids and wastes,copper
sulfate,chromium salts and compounds,or salt brine.
3. Solid or viscous substances in amounts that may cause obstruction to the flow in the sewer
or other interference with the operation of the system.In no case shall solids greater than
one-quarter inch(0.64 cm)in any dimension be discharged.
4. Pollutants,including oxygen-demanding pollutants(BOD,etc.),released in a discharge at
a flow rate and/or pollutant concentration that, either singly or by interaction with other
pollutants,will cause interference with the POTW.
5. Wastewater having a temperature that will interfere with the biological activity in the
system,has detrimental effects on the collection system,or prevents entry into the sewer.
In no case shall wastewater be discharged that causes the wastewater temperature at the
treatment plant to exceed 104 degrees F(40 Q.
6. Petroleum oil,non,,,,biodegradable cutting oil,or products of mineral oil origin,in amounts
that will cause pass through or interference.
7. Pollutants that result in the presence of toxic gases,vapors,or fumes within the POTW in
a quantity that may cause acute worker health and safety problems.
8. Trucked or hauled pollutants, except at discharge points designated by the Director in
accordance with section 13.06.051 of this chapter.
9 Nox.:;ious or rn alodorou:s llC ulds. rases aohds o other wastewatea...t➢ at eTt➢rea suu�ly...oa..l..y
IIV teIl do tion.w:l.th thea wastes' dYe.sudf_I.ci en:t to cre ate a pUb➢ae.1D U.1S£aIVC E,Ob £a h ar ab Cl.to life,
... .... .... ....... ....... .......
or to.,a)l eyelIlt.elIl tr'�Dnto til C;SeW efiS fOT mjallu te11i4174,e oY Yt._J17
10 W astewatea tb at riap:ts co➢on �➢ at c annot be aemovecJ.by t➢ taetpmelat ?aocess, sac➢r as,
.
bu.tTi.otlunTted. cvewa te, aaucl Vexed°tib➢ taTuuliu olutloins t➢r;avcolase un, intlylmla ats.
color:tothe treatment 1'lantsefflualat flit ebyvlolatii th C Itys df'I)fS a
11 Wastew ater conn aitVi.tV? any a actio actave wastes......oa otolaes exc let lTu co.niall aTuce with
7Vi.c able wttte oT I eelefi a➢Teul avloTas
12. W.asteW£atefi' C'dUSITV�, itJ(71Ile OY' Dn COIIllU1DCtI OIIl w7th (7thefi S(7UYC eS the tY ..aVmelIlt...)ll aTV t's,
e11.I.M.entto fail toxic tytest
131)etefixents uIface active a1,ernts oaot➢l�asubstaucest➢rev..antycauseexcessiveJoamiau�xuu.::
the -----------------------
PO"1'W.
14 Was cusa lg tWo rc ac9.irs a7n an exlalosiola h arag'd meter s9 the laol ut a7f c9lsch ave*—— Formatted:listl,Indent:Left: 0.5",Tab stops: 0.5",
nto l➢ ef'( 1 Wo1� .: W a lslnxl } ,
re. adi.U xoV efi'..twen (➢o� )efi'C elDt of the jcnW r cap 10-a limit l7 aseCl.OID. ala eX 71 O1 SIVl?l
meYeaditf .
C. 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:
1. Noncontact cooling water in significant volumes.
2. Stormwater,or other direct inflow sources.
11
3. Wastewaters significantly affecting system hydraulic loading that do not require treatment
or would not be afforded a significant degree of treatment by the system.
4. 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 authorized by the Director.
5. Sludges, screenings, or other residues from the pretreatment of industrial wastes,unless
specifically authorized by the Director.
6. Medical wastes,except as specifically authorized by the Director in a wastewater discharge
permit.
7 VIollunants, substances, oa wasnewanan�...pax7bibined k ythis section slhall nolb� paoc�ss�d or
...... ..... ........
snoae l in sudi a manan,e flhan an uaninlende d d schlx�_t(n Ellie saninaa Sewer or Elie storm
sewer couald occur.
...........................................................................................
E.
r
13.06.031 Fats,oil and grease(FOG).
A. No user shall discharge more than 100 mg/l of fats,oils or greases into the sewer system at
any instant.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 recognizes that preventative measures are necessary to control discharges containing
FOG that might cause wastewater treatment plant interference. The City may require
commercial establishments to initiate Best Management Practices(BMPs)to control and
maintain grease interceptors mss.
12
B. All FSEs and NFDs shall have an adequate grease , 1.�nc e r�installed and
exercise proper kitchen best management practices to ensure that excess concentrations of
FOG are not discharged to the POTW. The property owner shall maintain all grease
interceptors or traps in accordance with manufacturer recommendations.
C. In the event that the City cleans a sewer main blocked by FOG originating from a
commercial establishment,the commercial establishment shall reimburse the City for those
costs.
13.06.032 New construction.
A. Prior to construction of a new FSE or NFD,a building permit shall be obtained from the
appropriate jurisdiction. Plan submittals shall include kitchen fixture plan views and
kitchen waste plans showing all potential grease discharging lines, all G-PGfs, and
..............
connecting piping.The application shall be routed to the Director or his designee for review
and approval prior to connecting new construction to the POTW.
B. All new single occupancy food service establishment buildings shall be constructed with
properly sized grease i� n+ov4 sy-s -rrarinl�nc epto.s.All kitchen drains and any other drains
that may early grease-laden waste shall be connected to a G ,Gil.A dishwasher shall not
be connected to¢ p-4'y-1-ell7ydro inechh real grease t ���w �„t rir��n epton�s.If a 4Y&t
tYWyrlro-meclllanical GG ,GI is installed, the kitchen may not have a garbage
disposal/garbage grinder/macerator or similar unit connected to it.
C. All new construction,multiple occupancy,and food service establishment buildings,shall
include a separate waste line for all leasable spaces that discharge to a common 2,000
gallon or larger interceptor.This waste line shall be permanently marked to identify it as
required by the Director. When a space is leased, sold, or rented to a FSE or NFD, all
kitchen drains and any other drains that may early grease-laden waste shall be connected
to this waste line;no domestic sewage may be connected to this line.The property owner
shall be responsible for proper maintenance of this interceptor in accordance with the
provisions of this chapter.
D. All new single occupancy NFD buildings shall install a properly
sized G (,l;, s C av i,l;y,G kG G';l s are recommended, but¢ �e1r r. .l0
ma clli ayn ical GRS>(i„t„s are permissible.All kitchen drains and any other drains that may carry
grease-laden waste shall be connected to this G �GI,(except the dishwasher if a 4iaf arnic— ........
installed,the kitchen may not have a garbage disposal/garbage grinder/macerator or similar
unit installed.
E. Any FSE or NFD undertaking a substantial remodel will be considered to be new
construction for the purposes of this chapter.
13.06.033 Existing construction.
A. Every person owning or operating an FSE without a functional 4kW i l shall be required to
install a functional 4R4GII. The type of G-P GI required will be determined by the
...... .........
Director,taking into account cost, available space and gradient, and any other pertinent
13
information.Where feasible,all kitchen drains and any other drains that may early grease-
laden waste shall be connected to the G �Cia.Dishwashers shall not be connected to 4ial
ty1 Il7,yLlro-meclllanicalgrease r:. �.1...��rainq �c ors. �llzydao-mechanical
G RP G''l is installed,the kitchen may not have a garbage disposal/garbage grinder/macerator
or similar unit installed.
B. Any existing NFD without a functional ,Ci1 may be required to install one.The type of
GRP G'1,required will be determined by the Director, taking into account cost, available
space 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( S(i l(except the dishwasher if a tfap ,Pyl-ej y dn_o-
macll7 an ic alC lam(%I is installed).If at 4y1Ilry lIla cll7anical(Fl ( I is installed,the
kitchen may not have a garbage disposal/garbage grinder/macerator or similar unit
installed.
13.06.034 Grease H+o+A maintenance.
A. All grease�rw al sys nIrce res shall be maintained to ensure proper operation.At
a minimum, 4 RAGIs shall be cleaned at least once every 90 days
and ( (;i;Is cleaned at least once per week. These required
frequencies may be extended with the approval of the Director. Grease ae-)�wtxl
spy >mt,ilnlerce res must be cleaned whenever the combined thickness of the floating
greases and settled solids is equal to,or greater than,25 percent of the total liquid depth in
the GRG'1.
B. When cl eane &r+,
' l gravity.GS(7;I must be completely pumped out, all
solids removed,solidified grease scraped from the interior and the structure and all internal
plumbing inspected for damage and corrosion.The g,Myily(. SG';I shall be refilled with
water prior to being placed back into operation. If repairs are required, they shall be
performed within seven days.
C. When cleaned,a trap must have surface grease and oil removed,settled solids removed,all
sides scraped, removable parts removed and cleaned, be inspected for damage and
corrosion, and be properly reassembled. If repairs are required,they shall be performed
within seven days.
D. The�as oH+Y- r l solids that is are,removed in the process of cleaning a G G C;I shall
not be discharged back into the G-PCII, any part of the POTW, any private sewer, any
drainage piping,or storm sewer system.All alga ,awe ak.2d soJJds,removed shall be
handled and disposed of in accordance with Federal,State,County and Local laws,rules
and regulations laa algid walaa�,,,nw�da a„llzy hyo-m7ecll7anic l('l mzay be lernpor of fly nim ov�.:d
dua r,g cls an gg and relaaanc d imo fll7� ll7yda o-mecl an real Gl followinL com7 1�Ie cleanin..y
E. In addition to the maintenance required above, automatic greaseae-)�wtxl
y-,,4 r;ian.l.erc.eplors shall be maintained in accordance with the manufacturers'guidelines.
14
13.06.035 Grease interce�iro,Qair additives.
$......sygat�,.�iwf,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
No additive may be introduced to the plumbing system that would reduce the effectiveness
of the =FfSC3I.
13.06.036 Solids interceptor.
If a garbage disposal/garbage grinder/macerator or similar unit is installed in a kitchen,it
must discharge to the G-P rS(.Y'I,through a solids interceptor plumbed immediately after the
garbage disposal/garbage grinder/macerator or similar unit.The solids interceptor shall be
maintained in proper operating condition at all times.
13.06.037 Grease H+o+a1...syst:e.ufinla:1.11;'Ilmkalii.,sizing.
:-a t- Grease me cemors shall be sized in accordance with the
standards in the currently adopted Plumbing Code.
13.06.038 Flow controls.
All 4*f_4y-1-e greaseshall have an internal or external flow
control installed to 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 chapter shall document all cleaning and maintenance activities
performed on their GF ASGI.These records shall be maintained for a minimum of three years
and be available for inspection and copying by the Director or his representative. This
period shall be automatically extended for the duration of any litigation concerning the user
or the POTW,or where the user has been specifically notified of a longer retention period
required by the Director.
13.06.040 Limitations on wastewater strength.
No user shall introduce or cause to be introduced into the POTW any of the following
discharges unless approved otherwise in writing by the Director:
A. A standard five-day biochemical oxygen demand greater than 400 milligrams per liter or
50 pounds in any one load,whichever is less.
B. Wastes containing more than 400 milligrams per liter of suspended solids or 50 pounds in
any one load,whichever is less.
C. A daily average flow of 50,000 gallons or more,or a flow greater than five percent of the
flow carried by the treatment facility receiving the waste,whichever is less.
15
13.06.041 National Categorical Pretreatment Standards.
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N,Parts
405 471,and its successors,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 section 13.06.041(D)and(E)(see 40 CFR
403.6(c)).
B. When categorical ,t 2�aE-.y ����e tm n� standards are expressed in terms of
a mass of pollutant that may be discharged per unit of production,the Director may either
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 production
specified in order to facilitate this process.(See 40 CFR 403.6(c)(2)).
C. The Director may permit wastewater subject to a categorical pretreatment standard to be
mixed with other wastewaters prior to treatment.In such cases,the user shall identify all
categorical wastestreams and provide sufficient information on each non-categorical
wastestream to determine whether it should be considered dilute for each pollutant.Absent
information showing that non-categorical wastestreams contain 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),and its successors,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.
1. The City may establish equivalent mass limits if the industrial user meets all of the
conditions set forth below. To be eligible for equivalent mass limits, the industrial user
must submit information with its permit application or permit modification request that:
a. Shows it has a pretreatment system that has consistently met all applicable P-pretreatment
Standards and maintained compliance without using dilution.
b. Describes the water conserving practices 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 for all waste streams from continuous
effluent flow metering.
d. Determines an appropriate unit of production, and provides the present and long-term
average production rates for this unit of production.
e. Shows that long term average flow and production are representative of current operating
conditions.
f. Shows that its daily flow rates,production levels,or pollutant levels do not vary so much
that equivalent mass limits would be inappropriate.
g. Shows the daily and monthly average pollutant allocations currently provided based on the
proposed unit of production.
16
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.
e. Continue to employ the same or comparable water conservation methods and technologies
as those implemented pursuant to section 13.06.041(D)(1)(b)so long as it discharges under
an equivalent mass limit.
3. Equivalent mass limits:
a. Shall not exceed the product of the actual average daily flow from regulated process(es)of
the user and the applicable concentration-based daily maximum and monthly average
standards(and the appropriate unit conversion factor).
b. May be reassessed and the permit revised upon notification of a revised production rate,as
necessary to reflect changed conditions at the facility;and
c. May be retained in subsequent permits if the user's production basis and other information
submitted in 13.06.041(D)(1)is verified in their reapplication.The user must also be in
compliance with section 13.06.181 regarding the prohibition of bypass.
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. The Director is obliged under federal regulations to make the documentation of how any
equivalent limits were derived (concentration to mass limits or vice versa) publicly
available.
G. Once incorporated into its permit,the user must comply with the equivalent limits in lieu
of the 8categorical Sstandards from which they were derived.
H. The same production and flow estimates shall be used in calculating equivalent limits for
the monthly(or multiple day average)and the maximum day.
E Users subject to permits with equivalent mass or concentration limits calculated from a
production based standard shall notify the Director if production will significantly change.
This notification is required within two business days after the user has a reasonable basis
to know that production will significantly change in the next calendar month.Users who
fail to notify the Director of such anticipated changes must meet the more stringent of the
equivalent limits or the user's prior limits.
17
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 regulations for submission of plans and
reports for construction of wastewater facilities, chapter 173-240 WAC.Until the City is
delegated the authority to review and approve such plans under RCW 90.48.110,sources
of non-domestic discharges shall request approval for such plans through the Department
of Ecology.To ensure conformance with this requirement,proof of the approval of such
plans and one copy of each approved plan shall be provided to the Director before
commencing any such construction or modification.
B No�rn�,,,w��n�frc�,nlIndustriallJsansdrschaaa„nrn o�nl,y,domas�ic waslawater orwaslewalerllrnl
1ll7e Doa ll7aw dateaminad iy win ch anacler unl w�a��n.:,, t to !IQMn.I doi �sic
.... ........
was watanWid7no,poltnlaltrr adveselyaffactt➢7c ( IW SllIalnolkrerqu�a�dtooktnrn
a distill iL4Lperry it (WAC 1 7_-”I) (D`0D ...(ci j
lv,...�:�.ar{-l--aapl�--� -:'� c-�4:a r• fi--�&--1Gta �1"���3 .r.ala�*--i� .; d.....:'; _a
..har
4o4oHin-0 F.l.....': axa lxav' n tvc agEk rt . _ .,;' wa r :§.....+h..),
1 -2fr `1(I
C Alli.nifrcant and Minor Industrial Users rnu�st�m 1for andob��ir a di�scll7�r:r..e .erm7it
pnior to dischna un—ally pol)<utant5 to lllie POI Gah rificant Industria Users(sfl J�sl�lltnll
sub,rnit__a �cOl� lt:L f_af7p ncati(xi to dlie Direclor at least 90 dnyti...r�ior to lll7e inti nded
disclx arzo. Mianor n permit applrc alion to
the Direclor at➢e ast_60 days p�nio� to lite nantcand r..disc l7 a�.a
r-&fttnl...:i a aw 4vaar t )�1:. ani ..rl rtta a p pva yv�laarag+
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 WAC 173-216-080.Information
which may not be held confidential includes the: Name and address of applicant,
description of proposal,the proposed receiving water,receiving water quality,and effluent
data.Claims shall be reviewed based on the standards of WAC 173-216-080,Chapter 42.
56 RCW,Chapter 173-03 WAC,and RCW 43.21A.160.
G. Persons applying for anew permit or a permit renewal or modification which allows anew
or increased pollutant loading shall publish notice for each application in the format
18
provided by the City. Such notices shall fulfill the requirements of WAC 173-216-090.
These requirements include publishing:
1. The name and address of the applicant and facility/activity to be permitted.
2. A brief description of the activities or operations which result in the discharge.
3. Whether any tentative determination which has been reached with respect to allowing the
discharge.
4. The address and phone number of the office of the Director where persons can obtain
additional information.
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.
H. The Director shall require persons applying for a new permit or a permit renewal or
modification which allows a new or increased pollutant loading to 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 shall hold a public meeting
following the rules of WAC 173-216-100.
I_ Permit terms shall include, wherever applicable, the requirement to 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,conductivity,pH,turbidity,and internal process control parameters.However,if the
laboratory analyzing samples for conductivity, pH, and turbidity must otherwise be
accredited,it shall be accredited for these parameters as well.
13.06.043 Right of revision.
The City reserves the right to amend this chapter to provide for more stringent limitations
or requirements on discharges to the POTW where deemed necessary to comply with the
objectives set forth in section 13.06.0 10 of this chapter.
13.06.044 Dilution.
No user shall 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 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.
19
13.06.080 Wastewater discharge permits.
A. Industrial user surveys. To satisfy this requirement,all non-domestic users of the POTW
must periodically complete an industrial user survey form.Users shall fully disclose the
information requested and sign the completed form in accordance with section
13.06.080(B). Proper completion of survey requirements is a condition of initial and
continued discharge to the POTW.Users failing to fully comply with 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 to require completion of the particular form which the Director determines
appropriate to provide the information needed to categorize each user. The Director is
authorized to categorize each user,provide written notice of a user's categorization and
what it means,and revise this categorization at any time.
B. Application signatories and certifications.
1. All survey forms, wastewater discharge permit applications, and user reports must be
signed by an authorized representative of the user and contain the certification statement
in section 13.06.100(L).
2. Users shall submit a new authorization if the designation of an authorized representative is
no longer accurate.This includes when a different individual or position has 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.
C. Wastewater discharge permit requirement.
...1.............
AF —wr � 1 lig tl ....: dr s ;it�i4 •.. *:' a ii a f.
w rst wv rte ire tha f L�1 W uitllrc u iIl # {l� ilr p ro-r ppIlopIli rte, rpplie r¢ron witli 44e
9rartza # ..1kck {&-944( - iir...aaral...: vrrllo
",&ct1; -
.1, The Director shall require all,si mificanI and minor industrial users to obtain wastewater
discharge permits.
3 . Occasional users are persons who do not normally discharge to the City POTW,but from
time-to-time have a need to discharge hauled waste.Occasional users are required to obtain
a dischargerr �ii €�tika—, el ➢TYIQ from the Director. Dischargerr jai r---, �l '➢.➢Till
applications and decisions shall be accomplished in accordance with sections 13.06.080(F)
through 13.06.080(H)of this chapter.
4 . Other users shall implement Best Management Practices as necessary to early out the
purposes of this chapter. For example, a wastewater discharge permit may be required
solely for flow equalization or grease control.
4. Non si lewa er fliia
Ill7e d7�nec or,,,,,,ll7 as detpmin�d,,,y wimrl;an; rn ch;an;acsen and w�n��n,pll7 sonoIxn�l dome�s�ic
w�IsswiI.117 no -oiensial V'(.Y['W. N(Yki s gk ificant induslrial
a ssns, a�� nosn,� ga rn� .-io okrsargrk
. .i isc h,an: �.... e
20
5: Any failure to complete the required survey form,to apply for and obtain a required permit,
or to comply with the terms and conditions of a wastewater discharge permit shall be
deemed violations of this chapter and subject the wastewater discharge permittee to the
sanctions set out in sections 13.06.150 through 13.06.170 of this chapter. Obtaining a
wastewater discharge permit does not relieve a permittee 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.
D. 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 chapter and who wishes to continue such discharges shall,within 30
days after the effective date, apply to the Director for a wastewater discharge permit in
accordance with section 13.06.080(F) of this chapter, and shall not cause or allow
discharges to the POTW to continue longer than 60 days after the effective date of this
chapter except in accordance with a wastewater discharge permit issued by the Director.
E. Wastewater discharge permitting:New connections. Persons wishing to establish a new
discharge of non-domestic wastewater to the POTW must first complete a survey form.
Any user identified by the Director through the survey as needing a permit must file a
permit application. x C`om7plele.........applications for wastewater discharge permits, in
accordance with section 13.06.080(F)of this chapter,must be filed. 4ara s prior
to the desired date of it c&rxn peclnschar e in accordance with section 13.06.042(0),and the
discharge permit obtained prior to commencing discharge.
F. Wastewater discharge permit application contents.
1. 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.
a. Identifying information.
i. 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;
ii. A description of activities,facilities,and plant production processes on the premises.
b. A list of any environmental control permits held by or for the facility.
c. A description of operations and facilities including:
i. A brief description of the operations, average rate of production, and industrial
classification(SIC or NAICS codes)of the operation(s)conducted on site.
ii. The number and type of employees,and proposed or actual hours of operation.
iii. The type,amount,rate of production,and process used for each product produced.
iv. The type and amount of raw materials used(average and maximum rates).
v. The raw materials and chemicals to be routinely stored at the facility(including products
in rail cars and tank trucks located on site).
vi. The types of wastes generated on a routine and periodic basis.
vii. The times and durations when wastes will be discharged.
21
viii.A schematic 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 i� a4sr c i��..�tro��ic tal U�c lr c ilni pnl sl apn;d ar ri......(P' 1,,,S or
V!SN,S.)s.
ix. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers,
floor drains,and appurtenances by size,location,and elevation,and all points of discharge.
x. The sampling locations and provisions for monitoring discharges.
xi. Whether plans for wastewater facilities under Chapter 173-240 WAC have been developed,
and their approval status(Engineering Report,Plans and Specifications,and an Operations
and Maintenance Manual).
d. Flow data.The average daily,(and maximum daily fr. ow,in gallons per day,
to the POTW from each waste stream.Information shall be complete enough to allow use
of the combined waste stream formula per section 13.06.041(C)(and 40 CFR 403.6(e))
where applicable.
e. Pollutant data.
i. The categorical pretreatment standards applicable to each regulated process.
ii. The results of sampling and analysis identifying the nature and concentration,(and mass
where required by the standard or the Director), of regulated pollutants in the discharge
from each regulated process.
iii. The estimated peak instantaneous, daily maximum, and long-term average discharge
concentrations(and mass)based on the sampling results.
f. Sampling data to show samples are:
i. Representative of daily operations.
ii. Taken just downstream from pretreatment facilities if such exist,or just downstream of the
regulated process(es)if no pretreatment exists.
iii. Collected as required by section 13.06.111 of this chapter.
iv. Analyzed according to section 13.06.110 of this chapter.
g. Information confirming BMPs. Where standards specify a BMP or pollution prevention
alternative,the user must include the information sufficient to document that the BMPs or
the applicable standards are(or will be)implemented.
h. Any request 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 of the pollutant in the raw wastewater and satisfying
section 13.06.100(D).
i. Any other information deemed necessary by the Director to evaluate the situation and
prepare a discharge permit.
2. Incomplete or inaccurate applications will not be processed and will be returned to the user
for revision.The City shall be held harmless for delays caused by returned applications.
22
G. Wastewater discharge permit decisions. The Director will evaluate the data furnished by
the user and may require additional information.Within 45 days of receipt of a complete
permit application,the Director will determine whether to issue an individual wastewater
discharge permit. The Director may deny any application for an individual wastewater
discharge permit, if he or she determines that the discharge does not meet applicable
pretreatment standards and requirements or when the discharge would cause the POTW to
violate the NPDES permit.
H. Wastewater discharge permit duration. The Director may issue a wastewater discharge
permit for a period of up to five years from its effective date.Each wastewater discharge
permit will indicate its expiration date.
L Wastewater discharge permit contents. Wastewater discharge permits will include
conditions the Director deems reasonably necessary to carry out the goals of the
pretreatment program (section 13.06.010), federal and state regulations, and the
requirements of this chapter.
1. Wastewater discharge permits will contain:
a. The permit issuance date,expiration date,and effective date.
b. A statement that the wastewater discharge permit is nontransferable except in accordance
with section 13.06.080(L)of this chapter,and provisions for furnishing the new owner or
operator with a copy of the existing wastewater discharge permit.
c. Effluent limits, including Best Management Practices, based on applicable pretreatment
standards and requirements to apply AKART.(See section 13.06.042(I)).
d. The pollutants to be monitored and specific monitoring requirements. This includes the
sampling location(s), sampling frequencies, and sample types consistent with Federal,
State,and local law.(See section 13.06.042(T)).
e. Requirements to submit certain reports(as reflected in section 13.06.100),provide various
notifications,keep records,and implement Best Management Practices.
f. The process to be used to request a waiver from monitoring for a pollutant neither present
nor expected to be present in the discharge in accordance with section 13.06.100(D)(2),or
a specific waived pollutant in the case of an individual permit.
g. A statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements,and any applicable compliance schedule.Such schedule may
not extend the time for compliance beyond that required by applicable Federal, State, or
local law.
h. Requirements to control slug discharges,including to develop,update,and implement slug
discharge control plans in accordance with section 13.06.050 where the Director
determines such plans are important to preventing accidental,unanticipated,or non-routine
discharges.
i. Any monitoring which has been conditionally waived by the Director according to section
13.06.100(D)(2) but which automatically applies at any time the requirements of the
conditional waiver are not met.
j. Reapplication requirements.
23
2. Wastewater discharge permits may contain, but need not be limited to, the following
conditions:
a. Pretreatment facilities and measures required by section 13.06.061 of this chapter.
b. Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization.
c. Requirements to install pretreatment technology, pollution controls, or to construct
appropriate containment devices to reduce, eliminate, or prevent the introduction of
pollutants into the treatment works,ground,or stormwater.
d. Requirements to develop and implement of waste minimization plans to reduce the amount
of pollutants discharged to the POTW.
e. Requirements to pay charges or fees for discharge to the POTW including high strength
charges.
f. Requirements to install and maintain inspection and sampling facilities and equipment,
including flow measurement devices.
g. 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.
h. Other conditions as deemed appropriate by the Director to ensure compliance with this
chapter,and State and Federal laws,rules,and regulations.
J. Permit issuance process.
1. Public notice. Users shall follow the procedures for public notice found in section
13.06.042(G) and (IT). The Director shall consider and respond to public input as
appropriate prior to issuance of a permit.
2. Permit appeals. The Director shall provide public notice of the issuance of a wastewater
discharge permit.The notice will be published in a newspaper of general circulation that
provides meaningful public notice within the jurisdictions serviced by the POTW. Any
person, including the User, may petition the Director to reconsider the terms of a
wastewater discharge permit within 30 days of notice of its issuance.
a. Failure to submit a timely petition for review shall be deemed to be a waiver of the
administrative appeal.
b. In its petition,the appealing party must indicate the wastewater discharge permit provisions
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.
c. The effectiveness of the wastewater discharge permit shall not be stayed pending the
appeal.
d. If the Director fails to act within 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.
24
e. Aggrieved parties seeking judicial review of the final administrative wastewater discharge
permit decision must do so by filing a complaint with Superior Court of Clallam County
within 30 days.
K. Wastewater discharge permit modification.
1. The Director may modify a wastewater discharge permit for good cause,including,but not
limited to,the following reasons:
a. To incorporate any new or revised Federal, State, or local pretreatment standards or
requirements including new or revised local limits.
b. To address new or changed operations, processes, production rates, waste streams, or
changes in water 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.
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 operation to a new owner or operator as
required under section 13.06.080(L).
L. Wastewater discharge permit transfer. Wastewater discharge permits may be transferred
to a new owner or operator only if the permittee gives at least 30 days advance notice to
the Director and the Director approves the wastewater discharge permit 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 Director must include a written certification by
the new owner or operator which:
1. States that the new owner and/or operator will not change the facility's operations and
processes unless in compliance with this chapter.
2. Identifies the specific date on which the transfer is to occur.
3. Acknowledges full responsibility for complying with the existing wastewater discharge
permit.
M. 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:
1. Failed to notify the Director of significant changes to the wastewater prior to the changed
discharge.
2. Failed to provide prior notification to the Director of changed conditions pursuant to
section 13.06.100(E)of this chapter.
25
3. Misrepresented or failed to fully disclose all relevant facts in the wastewater discharge
permit application.
4. Falsified self monitoring reports or tampered with monitoring equipment.
5. Refused to allow the Director timely access to the facility premises and records.
6. Failed to meet effluent limitations or permit conditions.
7. Failed to pay applicable fines or sewer charges.
8. Failed to meet compliance schedule deadline dates.
9. Failed to complete a wastewater survey or wastewater discharge permit application.
10. Failed to provide advance notice of the transfer of business ownership.
11. Violated any pretreatment standard or requirement, or any terms of the wastewater
discharge permit or this chapter.
12. Ceased operations.
13. Transferred business ownership.
14. Wastewater discharge permits issued to a user are void upon the issuance of a new
wastewater discharge permit to that user.
N. Wastewater discharge permit reissuance. User with an expiring wastewater discharge
permit shall apply for wastewater discharge permit reissuance by submitting a complete
permit application,in accordance with section 13.06.080(F)of this chapter,a minimum of
90 days prior to the expiration of the user's existing wastewater discharge permit.
O. Regulation of waste received from other jurisdictions.
1. Prior to accepting wastewater for treatment from another municipality, or from a user
located outside the municipal corporate boundaries of the City,the City shall enter into an
inter-municipal agreement with the contributing municipality (County, Special Purpose
District, or other government entity recognized under State Law). Such agreement shall
affix responsibilities in an enforceable manner to ensure that the pretreatment program is
fully and equitably administered in all contributing jurisdictions.Any such agreement or
modification to such an agreement shall be reviewed by the City's legal counsel and shall
be submitted,together with the opinion that it is legally sufficient,to the approval authority
(Department of Ecology)and processed as a minor program modification.
2. Prior to entering into an agreement required by paragraph 1. above, the Director shall
request the following information from the contributing municipality:
a. A description of the quality and volume of wastewater discharged to the POTW by the
contributing municipality;
b. An inventory of all users located within the contributing municipality that are discharging
to the POT W;and
a. Such other information as the Director may deem necessary.
3. An interlocal agreement, as required by paragraph 1.,above, shall contain the following
provisions:
26
a. Requirements for contributing municipalities to adopt a sewer use chapter that establishes
P-pretreatment Standards and Requirements as stringent as in this chapter. The chapter
provisions and limits shall be revised to conform within nine months to any future revisions
of the City's chapter.
b. Requirements for the contributing municipality to submit a revised user inventory on at
least an annual basis,and reinforce requirements to obtain a permit prior to discharge.
c. A clear division of responsibilities for implementing each pretreatment related activity
under this chapter 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 that will be conducted
jointly by the contributing municipality and the Director must also be identified.
d. Requirements for the contributing municipality to provide the Director access to all
information that the contributing municipality obtains as part of its pretreatment activities.
e. 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,how fees for service and surcharges
will be established,and how additional loading capacity,if needed,will be negotiated.
f. Provisions ensuring that the Director may enter and inspect users'facilities located within
the contributing municipality's jurisdictional boundaries to confirm that the pretreatment
program is being properly administered and that users are properly categorized,etc.
g. Provisions for addressing any breach of the terms of the inter-municipal agreement.
13.06.100 Reporting requirements.
A. Baseline monitoring reports. When a e (I Cc lp��in e,ilii rnl,
st and as d (VISE'S or PSNS) for an industry category is published, users that perform that
process are subject to the �+ni � trdtras#c l� on�ic 1�?� ins a m n�slarn,dard and users
that 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 the paragraph below.The report is due within 180 days
after the effective date of aCa� ¢etr dtrr#c ai� on�ic al p� n eim ��n sl,and an,1,unless
the final administrative decision on a category determination comes later.
Users that wish to begin discharging wastewater to the POTW from operations subject to
� n�i ul S# dra�dc aie (rical pa a a ,ima nl,,,,,,,si and aa,ds after EPA has published the
standards(called New Sources), shall also submit a "baseline monitoring report" to the
Director containing the information listed in paragraph below.However,for new sources,
the report must be provided at least 90 days before desiring to discharge.New sources shall
describe the method of pretreatment they intend to use to meet applicable egt)ii�4
S 4c ai ,goy rc al,,,p�,;-11,,tallTt,,pnI sltIpn,dt lds.Because monitoring data will not be available
for proposed facilities,new sources instead must provide estimates of the anticipated flow
rates and quantity of pollutants to be discharged.
The Baseline Monitoring Report shall include the following information:
27
I. All information required in section 13.06.080(F)(1)(a)through 13.06.080(F)(1)(g).
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 mass limit,and it is allowed by federal rules at 40 CFR 403.6(e),the user
shall propose the adjusted limit and provide supporting data to the City.
a. Sampling and analysis shall be performed in accordance with section 13.06.110(Analytical
Requirements),and section 13.06.111(Sample Collection).
d. The Director may allow the report to use only historical data if the data is good enough to
allow the evaluation of whether(and which)industrial pretreatment measures are needed.
e. The baseline report shall indicate the time,date,place of sampling and methods of analysis.
The user shall certify that the sampling and analysis presented is representative of normal
work cycles and expected pollutant discharges to the POTW.
3. Compliance certification.The user shall furnish to the Director,upon request,a statement,
reviewed by the user's authorized representative 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 comprehensive experience and training with the equipment,
manufacturers representative,or a professional engineer.
4. Compliance schedule. While New sources must install the treatment required to meet the
pretreatment standards prior to operation, existing sources may be granted a compliance
schedule where they must provide additional 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 than the compliance date established for the
applicable pretreatment standard. Any compliance schedule authorized pursuant to this
section must also meet the requirements set out in section 13.06.100(B)of this chapter.
5. Signature and report certification. All baseline monitoring reports must be certified in
accordance with section 13.06.100(L) of this chapter and signed by an authorized
representative as defined by section 13.06.011(E).
B. Compliance schedule progress reports.The following conditions shall apply to compliance
schedules proposed by operators of existing sources according to section 13.06.100(A)(4)
of this chapter and incorporated into permits:
1. 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,
28
hiring an engineer,completing preliminary and final plans,executing contracts for major
components, commencing and completing construction, and beginning and conducting
routine operation);
2. No increment referred to above shall exceed nine months;
3. The user shall submit a progress report to the Director no later than 14 days following each
date in the schedule and the final date of compliance including,as a minimum,whether or
not it complied with the increment of progress,the reason for any delay,and,if appropriate,
the steps being taken by the user to return to the established schedule;and
4. In no event shall more than nine months elapse between such progress reports to the
Director.
C. Reports on compliance with Categorical Pretreatment Standard Deadline. Both existing
sources and new sources must submit a report on whether compliance has been initially
achieved.For existing sources,the report is due 90 days after the date applicablec atal
4 1c as„go ictal p�,„ r c ilnie nl..sl,tandaarals 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 13.06.080(F) (1)(c) through
13.06.080(F)(1)(f).For existing sources,it must also contain the compliance certification
of 13.06.100(A)(3)and,if needed,the compliance schedule described in 13.06.100(A)(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)must include
their actual production during the sampling period.All compliance reports must be signed
and certified in accordance with section 13.06.100(L)(1)of this chapter.
D. Periodic compliance reports.
1. Significant...tafld...Miiwr industrial users(SIUs_aand MIUs ,must:
a. Report at least twice a year,in June and December,unless other months are specified.
b. Report the flows and concentrations of regulated pollutants in all discharges subject to
pretreatment standards.
c. Report average,(and maximum or,...S1Ti.s,,,crrnl;y) daily flows for the reporting period and
identify where flow estimates are used.
d. Include the documentation needed to show compliance with applicable BMPs,pollution
prevention alternatives,maintenance,treatment,or record keeping requirements.
2. The Director may authorize al]..c-na ,*4--industrial user((.'IU)to forego sampling of a
pollutant regulated by as rl pn Gln aam7a.rna....9standard when it is not present in raw
wastewater provided:
a. The(.-'IU submits a request for the waiver with their permit application or reapplication
(see section 13.06.080(F)(1)(h)).
b. The CIU analyzes a sample(or samples)representative of all wastewater from all processes
before any treatment and includes all results with the request.
29
c. The C`IU 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 levels are ineligible for the waiver.)
d. The C`IU shows,where non-detectable sample results are returned in(2)or(3),that they
used the method from 40 CFR Part 136 with the lowest detection level.
e. The duly authorized representative of the CIU signs the request using the certification
statement of section 13.06.100(L)(1).
f. The C`IU includes,in routine monitoring reports,the statement in section 13.06.100(L)(2),
certifying that there has been no increase in the pollutant in its waste stream due to activities
of the user.
g. The C`IU reports and immediately resumes the monitoring which would otherwise have
been required upon discovering that a waived pollutant is present or expected to be present
based on changes to the user's operations.
The Director will document the reasons supporting the waiver in the permit fact sheet,and
keep any information submitted by the user and the fact sheet for three 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 five years. The Director may
cancel a monitoring waiver at any time for any good reason.
3. The Director may reduce the minimum periodic compliance reporting frequency for C'1U's
from twice a year(section 13.06.100(D)(1))to once a year where the CIU:
a. Discharges wastewater subject to pLelreatm7ernI s�and arils at a rate less
than one gallon per every 10,000 gallons of POTW design maximum monthly average flow
capacity(per the fC`4tqort An.mss NPDES permit).The(-U must measure its discharge
using a continuous(or totalizing)effluent flow meter.If the CIU discharges in batches,the
Director will determine eligibility by dividing total flows in all batches which contain any
proportion subject to categorical cgsal rc =r pre
trc ataTt. pntr sltapn r1 arrw by the
number of days the CIU is in full operation in a given calendar month.
b. Discharges less than 5,000 gallons of wastewater subject to categorical gn;c., m,crn,l,
standards on the maximum day(including for batch dischargers).
c. Discharges categorical wastewater with less than one pound of BOD per each 10,000
pounds of POTW loading capacity. POTW loading capacity is the design maximum
monthly average BOD loading capacity per the City's NPDES permit(or if not included in
the permit,in approved City plans).
d. Discharges less than 0.01 percent of the maximum allowable headworks loading for any
pollutant regulated by both an applicable caa4 ct� or�ic1 >7............................................................�An�d
sl�i,an,d4i.,.d and a local limit in section 13.06.045 of this chapter.
e. Has not been in significant non-compliance as defined in this chapter during the prior two
years.
f. 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.
30
4. Users must sign and certify all periodic compliance reports in accordance with section
13.06.100(L)(1)of this chapter.
5. Users must take wastewater samples that are representative of their range of discharge
conditions and of any discharge not disclosed in their permit application.ra,rxT,scns.must
properly operate, clean, and maintain sampling and flow metering facilities and devices
and ensure they function properly.The Director shall not allow user claims that sampling
results are unrepresentative due to a user's failure to meet this requirement.
6. Users subject to the reporting requirements in this section must report any additional
monitoring which might determine compliance with permit requirements. This includes
any additional monitoring of regulated pollutant at their respective effluent monitoring
locations using procedures prescribed in section 13.06.100(K) of this chapter. In such
cases,the results of this monitoring shall be included in periodic monitoring reports.
7. 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 digital and traditional format.
E. Reports of changed conditions. Each user must notify the Director of any significant
changes to the user's operations or system that might alter the nature,quality,or volume of
its wastewater.This notification must be made at least 30 days before the change.In such
cases:
1. The Director may require the user to submit information as needed to evaluate the changed
condition. The Director may also require a new or revised wastewater discharge permit
application under section 13.06.080(E)of this chapter,and/or
2. The Director may issue, reissue, or modify a wastewater discharge permit applying the
procedures of section 13.06.0800 of this chapter in response to a user's notice under this
section.
F. Reports ofpotentialproblems.
1. Any user that has any unusual discharge that could cause problems to the POTW must
immediately notify the Director by telephone of the incident.Problems to the POTW that
require reporting under this section include violating pretreatment prohibitions,treatment
standards,or other requirements of section 13.06.040 of this chapter such as vapor toxicity
and explosivity limits. Such discharges may include spills, slug loads, accidental
discharges, or other discharges of a non-routine, episodic nature. 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.
2. Within five calendar days following such discharge,the user shall submit a detailed written
report describing the cause(s)of the discharge and the measures to be taken by the user to
prevent similar future occurrences. Such notification shall not relieve the user of any
expense,loss,damage, or other liability which may be incurred as a result of damage to
the POTW,natural resources,or any other damage to person or property; nor shall such
notification relieve the user of any fines,penalties,or other liability which may be imposed
pursuant to this chapter.
31
3. Regardless of whether the user has been required to submit a slug discharge control plan
(per section 13.06.050), all users shall post notice in a prominent location advising
employees who to call at the POTW to inform the director of a potential problem discharge
(13.06.100(F)(1)).Users shall ensure that all employees who may cause or witness such a
discharge are advised of the emergency notification procedures.
4. All users must immediately notify the Director of any changes at their facility that 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 modify their plans to include the new conditions prior to,or immediately after,
making such changes.
G. 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
may require. This includes periodically completing and signing industrial questionnaire
disclosure forms.
H. Notice of violation/repeat sampling and reporting. If sampling performed by a user
indicates a violation,the user must notify the Director within 24 hours of becoming aware
of the violation.The user shall also repeat the sampling and analysis and submit the results
of the repeat analysis to the Director within 30 days after becoming aware 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 user obtaining sampling results.
E Notification of the discharge of hazardous waste.
1. 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:
a. Notify the Director, the EPA Regional Waste Management Division Director, and
Washington State Hazardous Waste and Toxics Reduction Personnel, in writing, of the
discharge. Maintain a copy of this notification and include it in all subsequent permit
applications or re-applications under this chapter.
b. Include the following information in the notification:
i. The name of the hazardous waste as found in 40 CFR Part 261,
ii. The EPA hazardous waste number,
iii. The type of discharge(continuous,batch,or other).
c. If the discharge totals more than 220 pounds in any month,also provide:
i. The hazardous constituents contained in the wastes,
ii. An estimate of the mass and concentration of hazardous constituents in the wastestream
discharged during that calendar month,and
iii. An estimate of the mass of constituents in the wastestream expected to be discharged
during the following 12 months.
32
d. This notice shall be repeated for new or increased discharges of substances subject to this
reporting requirement.
e. All notifications must take place prior to discharging a substance for which these reporting
requirements apply. If this is not possible, the notice must be provided as soon after
discharge as practical and describe why prior notice was not possible.
f. 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.
g. This requirement does not relieve the user from requirements to provide other notifications,
such as of changed conditions under section 13.06.100(E) of this chapter, or applicable
permit conditions,permit application requirements,and prohibitions.
h. The notification requirements in this section do not apply to pollutants for which routine
monitoring and reporting is required in a permit under this chapter.
2. Users must report all discharges of more than 33 pounds in a 30-day period of substances
which, if otherwise disposed of,would be hazardous wastes.Users must also report any
discharge of acutely hazardous wastes as specified in 40 CFR 261.30(d)and 261.33(e),and
their successors.Subsequent months during which the User discharges more of a hazardous
waste for which notice has already been provided do not require another notification to
EPA or the State,but must be reported to the Director.
3. If new regulations under RCRA describe additional hazardous characteristics or substances
as a hazardous waste,the user must provide notifications as described by 13.06.100 within
90 days of the effective date of such regulations.
4. 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.
5. This provision does not create a right to discharge any substance not otherwise permitted
to be discharged by this chapter,a permit issued thereunder,or any applicable Federal or
State law.
J. Date of receipt of reports.The Director will credit written reports as having been submitted
on the date of the postmark when mailed through the United States Postal Service.Reports
delivered in any other manner will be credited as having been submitted on the business
day received.
K. Record keeping. Users subject to reporting requirements of this chapter shall retain the
below records for all monitoring required by this chapter and for any additional monitoring
which could be used to satisfy minimum monitoring requirements.Users must make these
records available for 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.Monitoring records shall include at least:
1. The time,date,and place of sampling.
2. The sampling and preservation methods used.
33
3. The person taking the sample and persons with control of the sample prior to analysis.
4. The person performing the analyses and the date the analysis was completed.
5. The analytical techniques or methods used.
6. The results of analysis.
7. Users shall 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.
8. Users shall maintain the above records for at least four years, after permit expiration, or
until any litigation concerning the user or the City is complete,or for longer periods when
the user has been specifically notified of a longer retention period by the Director.
L. Certification statements.
1. The following certification statement must be signed by an authorized representative as
defined by section 13.06.011 and included when submitting:
a. A permit(re-)application in accordance with section 13.06.080(F);
b. A baseline monitoring report under section 13.06.100(A);
c. A report on compliance with the categorical pretreatment standard deadlines under section
13.06.100(C);
d. A periodic compliance report required by section 13.06.100(D)(1-4);or
e. An initial request to forego sampling of a pollutant based on section 13.06.100(D)(2)(e).
"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."
2. Certification of pollutants not present. Users that have an approved monitoring waiver
based on section 13.06.100(D)(2)must also include the following certification statement
in each report.This statement certifies that there has been no increase in the pollutant in its
wastestream due to activities of the user:
"Based on my inquiry of the person or persons directly responsible for managing
compliance with the P-pretreatment -Sstandard for 40 CFR [specify
applicable National Pretreatment Standard part(s)], I certify that, to the best of my
knowledge and belief, there has been no increase in the level of [list
pollutant(s)]in the wastewaters due to the activities at the facility since filing of the last
periodic report under section 13.06.100."
34
13.06.111 Sample collection.
Users must ensure all samples they collect to satisfy sampling requirements under this
chapter are representative of the range of conditions occurring during the reporting period.
Users must also ensure 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.
B. Users must obtain samples for oil and grease, temperature, PIT, 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 and grease in the laboratory prior to analysis.
D. For all other pollutants,users must employ 24-hour flow-proportional composite samplers
unless the Director authorizes or requires an alternative sample collection method.
E. The Director may authorize composite samples for parameters unaffected by the
compositing procedures,as appropriate.
F. The Director may require grab samples either in lieu of or in addition to composite
sampling to show compliance with instantaneous discharge limits.
G. In all cases, users must take care to ensure the samples are representative of their
wastewater discharges.
H. Users sampling to complete baseline monitoring and 90-day compliance reports required
by section 13.06.100, must satisfy some specific requirements. These reports require at
least four grab samples for PIT,cyanide,total phenols,oil and grease,sulfide and volatile
organic compounds. Users may composite samples prior to analysis if allowed in
13.06.111(C).Where historical sampling data exist,the Director may also authorize fewer
samples.
E For periodic monitoring reports, (section 13.06.100(D)), the Director may specify the
number of grab samples necessary to assess and assure compliance with applicable
pretreatment standards and requirements.
In cases s when a user J ads 10 s,�mznle for one or moa e rcauwir d�aranue lers wifllin 30 d,
of fl a p aia�cd�imefi me,�llrc C��y m a:y._c olla c�and M alyze a waste wate sample from Elie
uascr s drscllarg JO➢ J;ll;7; �cc up ri pa�ant �(sl I ll7 C:�y�T ay add flli costs Jo➢ safli l ng
and Istall Time materialto Ellie usea s sewer bill.
35
Section 2-Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of the scrivener's errors/clerical errors, references, ordinance numbering,
section/subsection numbers and any references thereto.
Section 3—Severability. If any provisions of this Ordinance,or its application to any person
or circumstances,are held invalid,the remainder of this Ordinance,or application of the provisions
of the Ordinance to other persons or circumstances is not affected.
Section 4—Effective Date. This Ordinance exercises authority granted exclusively to the
City Council and is not subject to referendum. It shall be in force and take effect 5(five)days after
publication according to law.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council
held on the day of 2016.
Patrick Downie, Mayor
ATTEST: APPROVED AS TO FORM:
Jennifer Veneklasen,City Clerk William E.Bloor,City Attorney
PUBLISHED:
By Summary
36
37
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington amending Chapter
3.70.110 F. of the Port Angeles Municipal Code as follows relating to
industrial wastewater pretreatment fees.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
AS FOLLOWS:
Section 1. Ordinance 3085, as amended, and Chapter 3.70 of the Port Angeles
Municipal Code are hereby amended by amending the following section 3.70.110 to read as
follows:
3.70.110 -Public Works and Utilities Department fees and deposits.
F. Industrial wastewater pretreatment fees.
1. Fees for monitoring, inspections and surveillance procedures: actual cost incurred by the
City to perform the service.
2. Wastewater discharge permits for N411"ti a ,t"i'a lJsei� U(I . The permit duration is twl to
five years. At the time of issuance of permit, the permittee may elect to pay the entire fee at the
time of issuance, or may pay in monthly installments according to the following schedule:
Monthly Amount
Permit Fee
g4
0
T°y- —,-20 14 q;4-4404
Effective January 1, 2012 $2,160.00 $36.00
1
,.......... 1i 1 ,.l)pl..i..e&6o
F..i.:. ,---,-,4 ....y 0
4,40
43.. Fees for flows that exceed the permitted concentrations:
High strength surcharge fees:
BOD $0.79/1,000 gallons with concentration greater than 400 mg/L
TSS $0.36/1,000 gallons with concentration greater than 400 mg/L
Fee for WU permit transfer .....$420.00
Fee for WU permit modification initiated by user .....$420.00
Ci. Fee for s hwas ,,sc.I& occasiorrial, or ottjgr)hauler discharge permit:
One year .....150.00
... ............................:F. ' �::.....1. .... .....-
.
$ 4 �
F..i.:. s ..... ,
7. Volume fee: The monthly charge shall be as follows:
Septic waste,per gallon .....$0.12
Other waste,per gallon .....$0.05
Leachate,per gallon .....$0.02
I. Other charges as the City may deem necessary to carry out the requirements of Chapter
13.06 PANIC: actual cost incurred by the City to perform the service.
9. In lieu of the fees prescribed in paragraphs 6. and 7. above, the City Manager may enter
into a contract with a septic hauler or leachate discharger for fees to be paid on terms and
conditions established by the contract; provided that such contract must be for a term of at least
one year and that the method used to establish the fees set in the contract is fair and reasonable.
Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
2
correction of the scrivener's errors/clerical errors, references, ordinance numbering,
section/subsection numbers and any references thereto.
Section 3—Severability. If any provisions of this Ordinance, or its application to any person
or circumstances, are held invalid,the remainder of this Ordinance, or application of the provisions
of the Ordinance to other persons or circumstances is not affected.
Section 4 —Effective Date. This Ordinance exercises authority granted exclusively to the
City Council and is not subject to referendum. It shall be in force and take effect 5 (five) days after
publication according to law.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the day of 2016.
Patrick Downie, Mayor
ATTEST: APPROVED AS TO FORM:
Jennifer Veneklasen, City Clerk William E. Bloor, City Attorney
PUBLISHED:
By Summary
3
/ORT NGELES
W A S H I N G T O N, U. S. A.
Utility Advisory Committee Memo
DATE: October 12, 2016
To: Utility Advisory Committee
FROM: GREGG KING,POWER RESOURCE MANAGER
SUBJECT: Industrial Transmission Electric Rate Ordinance Amendment
PAMC 13.12.071 Schedule IT-11—Industrial Transmission
Summary: The Bonneville Power Administration Tiered Rate Methodology went into effect on
October 1, 2011. The Bonneville Power Administration made changes to one of the City's power
resource allocations for the FY2016-2017 rate period, and a revision to the ordinance is necessary.
Funding: N/A -No impacts to the City's Distribution customers (residential or commercial).
Recommendation: Request that the UAC forward a recommendation that City Council proceed
with a first reading on the proposed Industrial Transmission utility rate ordinance amendment. The
Utility Advisory Committee also recommends that City Council waive the second reading and then
adopt the ordinance.
Background/Analysis: The Bonneville Power Administration Tiered Rate Methodology (TRM)
went into effect on October 1, 2011. In late-September, the Bonneville Power Administration
made changes to one of the City's power resource allocations for the FY2016-2017 rate period,
and a revision to the ordinance is necessary. Based upon an analysis using the BPA Rate Impact
Model, this change would allow the one Industrial Transmission customer to take approximately
$875,000 of true-up credits on a monthly rather than an annual basis during the current BP-17
rate period that runs from 1 October 2016 through 30 September 2017. These changes will have
no impacts to the City's Distribution customers (residential and commercial).
It is recommended that the public reading be limited to one (1)reading, as there are no impacts
to the City or the City's residential or commercial customers. There is currently only one
Industrial Transmission customer(Nippon), and a delay until November for a second reading
could impact the City's cash flow.
N:AUAC\MEETINGS\UAC2016\UAC1016\UAC Memo IT Rate Ordinance-final.docx
The Utility Advisory Committee is requested to recommend that City Council proceed with a
first reading on the proposed Industrial Transmission utility rate ordinance amendment. The
Utility Advisory Committee is also requested to recommend that City Council waive the second
reading, and then adopt the ordinance. Following Council's ratification, the ordinance shall take
effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
Funding Overview: N/A —no impacts to the City's Distribution customers (residential or
commercial).
Attachment:Draft Industrial Transmission Electric Rate Ordinance Amendment
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington amending
electric rates by making changes to Chapter 13.12 of the Port Angeles
Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
AS FOLLOWS:
Section 1. Ordinance 2054 as amended, and Chapter 13.12 of the Port Angeles Municipal
Code relating to electric rates are hereby amended by amending Chapter 13.12 to read as follows:
13.12.071 - Schedule IT-11Industrial transmission.
5. Load shaping charges and credits.
The customer load shaping charge(Cu LSC)is the load shaping charges for a month to be paid by
customer.
The Cu LSC each month shall be calculated by the following formula:
Cu LSC = (Cu AL— Cu SSL) X LSR
Where:
Cu LSC is the net of the load shaping charges and credits for a month apportioned to customer,
with customer paying net load shaping charges to the City, and the City paying net load shaping
credits to customer, less an amount calculated by the City using the load shaping adjustment true-
up rate.
Cu AL is customer's monthly HLH and LLH loads.
Cu SSL is customer's shaped system load as set out below.
LSR is the load shaping rate applicable to HLH and LLH periods.
1
• •
P-MR-11-ml ME
_: 1
. . . . .1 FIN TI.
� .M. . ''Iflill 11 111111 r
.-
FY2
1 1
SSL SSL
• •M1 • :� • •�- 1 • • '1 •
: I .. � 1 • • 1 : I .. � 1 :I A •:
11 . I 1
IT • 11 . I 1 •• :1
10 0 WT—IM- M MY men
I- 1 1 •1 I- 1 1
1 •1 � • 1 • •1 ••
-• -11 �- 1 1 11 -� -11 �- 1 • •�
' • • 1 I C• 11 ' ' • • 11 1 '! • 1 �' • • • I- • 1
Section 2- Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to,
the correction of the scrivener's/clerical errors,references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 3 - Severability. If any provisions of this Ordinance, or its application to any person
or circumstances, are held invalid,the remainder of the Ordinance, or application of the provisions
of the Ordinance to other persons or circumstances,is not affected.
Section 4-Effective Date. This Ordinance,being an exercise of a power specifically delegated to
the City legislative body,is not subject to referendum. This ordinance shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council
held on the day of October,2016.
Patrick Downie, Mayor
APPROVED AS TO FORM:
William E. Bloor, City Attorney
ATTEST:
Jennifer Veneklasen, City Clerk
PUBLISHED: , 2016
By Summary
3