Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
"Abut or abutting"
means a parcel where the entire length of any one property line or parcel boundary line is adjacent to an easement and/or public right-of-way in which a sanitary sewer is located.
"Biosolids"
means a microbial mass, produced by the reproduction of individual wastewater microorganisms under favorable homeostatic conditions, resulting in a solid or semisolid by-product of a wastewater treatment facility.
"BOD"
(biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20 degrees Celsius, expressed in milligrams per liter. Quantitative analysis shall be made in accordance with procedures set forth in "Standard Methods."
"Brush/brown yard waste"
means brush, limbs and woody material obtained from pruning of residential properties, which must be chipped prior to composting and is transported in trash containers.
"Building drain"
means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer.
"Bulk brush/brown waste"
means brush, limbs and woody material obtained from pruning, which must be chipped prior to composting in quantities normally greater than two cubic yards.
"Bulk green waste"
means grass, leaves, vegetable matter, and other soft green waste in quantities normally greater than 10 cubic yards.
"City" or "City of Langley"
means the city of Langley.
"City engineer"
means the city engineer of the city or a duly authorized representative.
"Clean Water Act" or "Act"
means the federal Water Pollution Control Act, PL 92-500, and any amendments thereto; as well as any guidelines, limitations, and standards promulgated by the Environmental Protection Agency pursuant to the Act.
"COD"
(chemical oxygen demand) means the measure of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant. Quantitative analysis shall be made in accordance with procedures set forth in "Standard Methods."
"Composite sample, 24-hour, flow proportional"
means a mixture of discrete samples, collected either manually or by automatic sampler, taken at the same sampling point with the sample volume being proportional to flow as measured over a 24-hour period.
"Compost facility"
means the biosolid composting operation of the city of Langley located at the city's wastewater treatment facility.
"Compostable material"
means any suitable green waste (yard or bulk), brush/brown waste (yard or bulk), biosolids, dewatered cake material, or general organic material.
"Connecting sewers"
means all of the items required to connect the building sewer to the existing municipal wastewater collection system.
"Contract cooling"
means any cooling process whereby unpolluted water is brought into intimate or direct contact with any industrial, manufacturing trade, or business product for the purpose of heat dissipation or removal.
"Customer"
means the property owner and/or occupant at the location where services are delivered.
"Director"
means the public works director or his designee.
"Discharge rate, average daily"
means the total volume of discharge, in gallons, occurring within a 24-hour period, which is representative of the majority of days in which a waste is discharged.
"Discharge rate, maximum daily"
means the total volume of discharge, in gallons, occurring within a 24-hour period, which is representative of the maximum volume of waste which is, or potentially could be, discharged under other than average circumstances.
"Domestic wastewater"
means untreated sanitary wastes from residential sources that pass through a sewer system to a publicly owned treatment works (POTW) for treatment.
"Dwelling unit"
means a residential establishment consisting of a detached building.
"Effluent"
means the water, together with any waste that may be present, flowing out of a building, process or treatment facility.
"Engineering department"
means the city of Langley engineering office located at 112 Second Street, City Hall, Langley, Washington.
"EPA"
means the federal Environmental Protection Agency.
"Explosionmeter"
means a monitoring device used for the detection of combustible and/or toxic gases.
"Fat, oil and grease"
means any substance or material with similar physical characteristics, such as biological lipids and mineral hydrocarbons, which can be determined quantitatively on the basis of their common solubility in trichlorotrifluoroethane. Quantitative analysis shall be made in accordance with procedures set forth in "Standard Methods."
"Garbage"
means the residue from the preparation, cooking and dispensing of food, and from the handling, storage and sale of food products and produce.
"Grab sample"
means a sample collected at a particular time and place and representative of the composition of the source at that time and place only.
"Grade"
means the slope or fall of a line of pipe in reference to a horizontal plane, expressed as a ratio of horizontal distance to vertical distance.
"Grease, oil, sand interceptor"
means a basin, sump or other device so designated to intercept and collect either grease, sand or oil thus preventing their entry into the wastewater treatment system.
"House connection"
means the point of connection of the connecting sewers to the building sewer at the building.
"House lateral"
means side sewer.
"Hydraulic load"
means loadings imposed on the wastewater treatment system of or relating to a volume of water.
"Inert solids"
means solids of a primarily nonbiological nature including materials such as sand, gravel, grit, grains, garbage or other similar materials.
"Interference"
means the inhibition or disruption of the wastewater treatment processes or operations, which shall cause or tend to cause a violation of any requirement of the city's NPDES permit. The term includes prevention of biosolids use or disposal in accordance with Section 405 of the Act (33 U.S.C. 1345), or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state biosolids management plan prepared pursuant to the Title IV of SWDA) applicable to the method of disposal or use employed by the wastewater treatment facility.
"LEL"
(lower explosive limit) means the lowest percentage at which a flash will occur or a flame will travel when methane vapor is mixed with air and a source of ignition is present. The LEL of methane in air is 5.3 percent.
"LMC"
means Langley Municipal Code.
"Mass discharge quantity"
means the weight of material discharged to the wastewater treatment system during a given time interval. Unless otherwise specified, the mass discharge quantity means pounds per day of a particular constituent or combination of constituents as calculated on a dry weight basis.
"May"
shall indicate a discretionary condition.
"Mg/l"
(milligrams per liter) shall be a mass-to-volume ratio; the milligrams per liter value multiplied by the conversion factor 8.34 shall be equivalent to pounds per million gallons of water.
"Nondomestic wastewater"
means any type of wastewater which has a greater concentration of pollutants or a greater number of pollutants than would be found in wastewater from a typical residence.
"Normal operating removal capability"
means the average amount of solids removed per day, both inert and biological, during a period of 60 days prior to any infraction or alleged infraction of this chapter.
"NPDES permit"
(National Pollutant Discharge Elimination System permit) means the permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of PL 92-500.
"Person"
means 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.
"pH"
means the logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen-ion concentration of 10-7.
"POTW"
means a publicly owned treatment works. An arrangement of equipment, structures and appurtenances such as, but not limited to, comminutors, basins, drives, blowers, digesters and any other systems required to treat wastewater, industrial waste and biosolids.
"Premises"
means a parcel of real estate including any improvements thereon, which is determined by the director to be a user.
"Pretreatment"
means the process of neutralizing or reducing the amount of pollutants, eliminating pollutants or altering the nature of pollutant properties to a less harmful state by physical, chemical or biological processes prior to or in lieu of discharging or otherwise introducing such pollutants into the wastewater treatment system.
"Pretreatment standards or categorical standards"
means regulations applicable to specific categories of industrial users, containing pollutant discharge limits promulgated by EPA in accordance with Section 3.07(b) and (c) of the Act as established under 40 CFR Chapter 1, Subchapter N.
"Process wastewater"
means any liquid waste discharge resulting from industrial, trade, manufacturing, business, commercial or contact cooling process or from the development, recovery or processing of natural resources.
"Public sewer"
means a sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.
"Public works department"
means the city of Langley public works office located at 112 Second Street, City Hall, Langley, Washington.
"Qualified professional"
means a person, in the employ of the city with sufficient knowledge of permit requirements, facilities, and discharge characteristics, so as to be capable of determining and confirming whether or not a user is in compliance and if not, what measures must be taken to achieve compliance.
"Radioactive waste or isotope"
means elements or isotopes, whether free or combined, which are a source of particles and/or rays resulting from the disintegration of the atomic nuclei caused by fission, fusion, particle acceleration, or other related artificial sources or processes.
"Sanitary sewer"
means a sewer, which carries wastewater, and to which storm, surface, ground and other unpolluted water are not intentionally admitted.
"Service connection"
means the connecting sewer.
"Sewer"
means a pipe or conduit for carrying sewage.
"Shall"
is mandatory.
"SIC"
(Standard Industrial Classification) means a classification code (1972) issued by the Executive Office of the President, Office of Management and Budget, for use in the classification of establishments by types of business and the primary economic activity engaged in.
"Side sewer"
means service connection from the public main to the premises served.
"Standard methods"
means the examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water and Wastewater" published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation.
"Suspended solids"
means solids that either float on the surface of, or are in suspension in, water, wastewater or other liquids, and which are removable by laboratory filtering. Quantitative analysis shall be made in accordance with procedures set forth in "Standard Methods."
"Temporary lift station"
means any lift station that is installed in conjunction with a nonstandard sewer main extension.
"Toxic"
means those substances or combinations of substances, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through the food chains, have the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction or physical deformations, in such organisms or their offspring.
"Upset"
means an exceptional incident in which a discharger unintentionally is in a state of noncompliance with discharge limitations set forth and excludes inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
"Waste"
means wastewater and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature.
"Waste discharge permit"
means a permit authorized by the Washington State Department of Ecology (pursuant to Chapter 173-216 WAC) regulating commercial and industrial discharges to a publicly owned treatment works.
"Wastewater collection system"
means any and all of the connecting, lateral, main, trunk sewers, interceptors, and lift stations.
"Wastewater constituents and/or characteristics"
means the individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quantity, and strength of wastewater.
"Wastewater treatment plant"
means an arrangement of equipment, structures and appurtenances such as, but not limited to, comminutors, basins, drives, blowers, digesters and any other systems required to treat wastewater, industrial waste and biosolids.
"Wastewater treatment system"
means any and all of the connecting, lateral, main, trunk sewers, interceptors, lift stations including wastewater treatment plant and facilities.
(Ord. 786, 2000)
A. 
This chapter establishes requirements for wastewater discharge into the city of Langley wastewater treatment system. It enables the public works department to protect the public health consistent with applicable local, state and federal laws. The objectives of this chapter are:
1. 
To prevent the discharge of untreated pollutants into the wastewater treatment system, that will pass into Saratoga Passage or the atmosphere or otherwise be incompatible with the system;
2. 
To prevent the discharge of untreated pollutants into the wastewater treatment system that will interfere with the normal operation of the system or contaminate the system-generated biosolids; and
3. 
To improve the opportunity to recycle and reclaim biosolids from the system.
B. 
This chapter regulates wastewater discharge into the city's treatment system through enforcement of federal discharge standards, set forth in 40 CFR Part 403. Further, it provides for the application of RCW 90.48.160 relating to industrial and commercial discharges to the POTW. It also authorizes monitoring, inspection, user reporting and other enforcement activities as required. Finally, it provides for the setting of fees for the equitable distribution of costs resulting from the program.
C. 
This chapter shall apply to the users of the city wastewater treatment system. Except as otherwise provided herein, the city of Langley director of public works shall administer, implement and enforce the provisions of this chapter.
(Ord. 786, 2000)
A. 
Prohibited Discharge Standards. Any waters or wastes that the public works department determines are harmful to the wastewater treatment system, environment, public health and welfare or that interfere with the operation of the system are prohibited. No person shall discharge, deposit or cause to allow to be discharged or deposited into the wastewater treatment system any wastewater or substance that contain any of the following:
1. 
Liquids, solids or gases which by reason of their nature or quantity may be sufficient, either alone or by interaction with other substances, to cause or tend to cause fire or explosion or be injurious to the wastewater treatment system or personnel engaged in the operation, maintenance or repair, or monitoring of the same. At no time shall two successive readings on an explosionmeter, at an access in nearest proximity to the point of discharge into the wastewater treatment system, be more than five percent of the lower explosive limit (LEL) of the meter nor shall any single reading exceed 10 percent of the LEL.
2. 
Solid or viscous wastes which will or may cause obstruction to the flow in a sewer, require excessive cleaning or maintenance of the sewer or otherwise interfere with the proper operation of the wastewater treatment system.
3. 
Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particles greater than one-half inch in any dimension.
4. 
Noxious or malodorous solids, liquids or gases which either singly, or by interaction with other wastes, are capable of creating a public nuisance or hazard to life, or are or may be sufficient to prevent entry into the wastewater treatment system for the purpose of monitoring, maintenance or repair.
5. 
Wastes discharged into the wastewater treatment system that do not have a pH value in the range of six to nine standard units at an access in nearest proximity to the point of discharge into the wastewater treatment system. Prohibited materials include, but are not limited to, compounds and substances, which will react with water to form acidic or alkaline products.
6. 
Wastewater or materials containing fat, oil or grease of a concentration exceeding 100 mg/l, or as may be established by the department whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between zero and 65 degrees Celsius (32 degrees F and 150 degrees F) at an access in nearest proximity to the point of discharge into the wastewater treatment system.
7. 
Radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the wastewater treatment system or personnel engaged in the operation, maintenance or treatment of the same.
8. 
Any wastewater or materials not removable by the wastewater treatment process, which will cause discoloration of the wastewater treatment plant effluent or treatment residue.
9. 
Heated wastewater in amounts which will cause or are likely to cause deterioration or hazard to the wastewater treatment system, or personnel engaged in monitoring, maintenance or repair of the treatment system. In no case shall wastewater with a temperature exceeding 40 degrees Celsius (104 degrees F) be introduced into the wastewater treatment collection system.
10. 
Any unpolluted water including, but not limited to, cooling water, rainwater, stormwater, creek water or ground water which will increase the hydraulic load on the wastewater treatment system, except in cases where no prudent and reasonable alternative exists as determined by the director.
11. 
Wastewater at a flow rate or containing such concentrations of pollutants released in a single extraordinary discharge episode such that would cause interference with the wastewater treatment system or result in the accumulation or production of inert or biological sludges in excess of normal operating removal capability, or adversely affects the treatment residues, biosolids or scums.
12. 
Wastewater discharges, except as authorized by the director, shall not contain in excess of the following:
Parameter Limitation
Biochemical Oxygen Demand
300 mg/l or 25 lbs./day
Suspended Solids
300 mg/l or 25 lbs./day
The director may allow discharges in excess of the limits set forth providing that such discharge has little or no adverse impact on the wastewater treatment operations and the discharge complies with any relevant categorical standards.
13. 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other substances, to injure or interfere with any wastewater treatment process, constitutes a hazard to humans or animals or to exceed the limitations set forth in this chapter.
14. 
Any substance which may cause the wastewater treatment plant effluent or treatment residues, biosolids or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
15. 
Any substances which may cause or may tend to cause the POTW to violate its NPDES and/or other disposal system permits.
16. 
Process wastewater metal concentrations exceeding such local limits as may be determined by the director except where allowed by permit.
B. 
Categorical Standards. No person shall discharge or cause to allow to be discharged or deposited any waters or wastes that do not conform to the federal categorical pretreatment standards set forth in 40 CFR Part 403 and any amendments thereof or those limits established through the State Waste Discharge Permit Program, Chapter 173-216 WAC. No wastewater, water or waste, including commercial and industrial waste, shall contain any substance which may cause or tend to cause a violation of any state or federal pretreatment standards, discharge permit requirement or which may be determined by the director to be unduly harmful or deleterious to the wastewater treatment system, environment, public health and welfare or interfere with the operation of the POTW.
(Ord. 786, 2000)
A. 
A person may connect and discharge waste into the city wastewater system when: (1) they own property within the city limits, (2) said property is adjacent to and abutting the city's wastewater collection system, (3) when said property has not been assessed for any prior sanitary sewer improvement, and (4) after the public works department issues a valid permit.
B. 
A permit shall issue for the service property upon the owner's written application but subject to the following terms and conditions:
1. 
The applicant shall: (a) obtain all other related permits, (b) pay all city required fees, and (c) construct the connecting sewers in compliance with city requirements and specifications governing the same.
2. 
The applicant shall pay the city in cash any other code-required sewer connection charges, prior to the issuance of any permit authorized in this section.
3. 
All connection charges so received shall be considered wastewater system revenue.
4. 
All city ordinances, rules, regulations and procedures, or any amendments thereof, relating to the use, maintenance and connection to the wastewater treatment system shall apply with equal force to such sewer connection.
C. 
Waiver of Connection Charges for Low-Income Housing Projects.
1. 
Sewer connection charges for building permits for low-income housing may be waived per RCW 35.92.380.
2. 
"Low-income housing"
means housing with a monthly housing expense that is no greater than 30 percent of 80 percent of the area median family income (defined by the United States Department of Housing and Urban Development ("HUD")) adjusted for family size, for Island County, as reported by HUD.
3. 
The grant of any waiver shall be conditioned upon the receipt by the city of grants or donations in an amount sufficient to reimburse the sewer utility for the amount of the waiver.
4. 
The grant of any waiver to a mixed-income project shall be conditioned upon a minimum of 25 percent of the total units being dedicated to serving and benefitting low-income households.
5. 
The grant of any such waiver shall also be conditioned upon a requirement that the property owner record a low-income housing covenant in a form approved by the city with the Island County auditor. The covenant must run with the land and be binding on the owner(s), and their assigns, heirs, and successors, and must:
a. 
Prohibit use of the low-income housing for any purpose other than for low-income housing, as defined in this section;
b. 
Address price restrictions and household income limits for the low-income housing;
c. 
Provide that the low-income housing must remain utilized for low-income housing for the life of the project and cannot during the life of the project be converted to another use, other than for low-income housing; and
d. 
Address reporting and monitoring requirements and any other topics related to the provision of low-income housing units deemed necessary by the city.
6. 
A bond, an assignment of savings account/certificate of deposit, or a check written to the city to be deposited in the city's treasurer's trust account, equal to the amount of the waived connection charges shall be required to ensure that the low-income housing is constructed and successfully implemented.
7. 
The city may, at its sole discretion, establish a monitoring fee for the low-income units to cover the costs to the city to review and process documents to maintain compliance with low-income restrictions of the covenant.
(Ord. 786, 2000; Ord. 1095 § 2, 2022; Ord. 1097 § 3, 2022)
Development proposed in the Langley UGA that is on property contiguous to the city shall be annexed to and be served by sewer service from the city as per the provisions set forth in the June 28, 1999, interlocal agreement between Island County and the city of Langley. If development is proposed in the UGA but not on property contiguous to the city limits and, therefore, not eligible for annexation, the owner/applicant shall execute an annexation/development agreement, prepare a development plan, and comply with all provisions of the UGA-Langley zone, all as set forth in the interlocal agreement referenced above, as a condition of sewer service being extended to serve the property.
(Ord. 798, 2001)