"Accessory dwelling unit" or "ADU"means a second subordinate dwelling unit located on the same lot as a single-family dwelling (hereinafter referred to as the "main dwelling") and either within the same building as the main dwelling or in a detached building, with a provision for independent cooking, living, sanitation, and sleeping.
"Approval"means the determination by the control authority that the proposed or completed work or activity conforms to this chapter.
"Availability"means those premises which are determined to have a wastewater sewer available for connection to the premises.
"Best management practices" or "BMPs"means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and education practices, maintenance procedures, and structural or managerial practices to prevent or reduce the discharge of pollutants directly or indirectly to POTW.
"Biochemical oxygen demand, five-day" or "BOD5"means the quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in parts per million or milligrams per liter (mg/L) by weight, using methods approved under 40 CFR Part
136.
means municipal sewage sludge resulting from the wastewater treatment process.
"City"means the city of Enumclaw, Washington, a municipal corporation organized and existing under and by virtue of the laws of the state of Washington. The phrase "within the city" means within the city boundaries as now or hereafter constituted.
"Clean Water Act" or "CWA"means both the federal Water Pollution Control Act, as may be amended (33 U.S.C.
1251 et seq.) and the state Water Pollution Control Act at Chapter
90.48 RCW, as may be amended.
means a section of pipe that extends from the underground private side sewer to the ground surface which is used to access the private side sewer for the purposes of cleaning and inspecting the private side sewer.
"Condominium"means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners and unless a declaration and a survey map and plans have been recorded pursuant to Chapter
64.34 RCW.
means the city's public works department, its director and its authorized representatives.
"Control mechanism"means a special approved discharge authorization, a letter, a written authorization to discharge, or any other written notice of discharge requirements issued by the control authority.
"Customer"means the person responsible for paying wastewater rates.
Days.Unless otherwise indicated, "days" means calendar days.
"Direct connection"means any piped connection to the private side sewer that conveys stormwater or surface water to the POTW. Examples of direct connections include roof drains, sump pumps, footing drains, area drains, yard drains, and driveway drains.
"Director"means the city's director of the public works department who is designated to supervise the implementation and enforcement of this chapter or the director's duly authorized representative.
"Domestic user"means any person who contributes, causes, or allows the contribution of wastewater to the POTW that is of a volume and chemical makeup similar to that of a residential dwelling unit.
"Domestic wastewater"means water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments and other places, which is similar in volume or chemical composition to wastewater discharged from a residential dwelling unit.
"Educational flyer"means the document prepared by the city that provides educational information to property owners regarding the condition of side sewers and private ownership and maintenance responsibilities.
"Equivalent residential unit," or "ERU,"for sewer means that measure of water usage estimated to be discharged to the sewer on an average daily basis for the city residential customer class as determined from the city utility billing records.
"Groundwater"means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.
"Holding tank waste"means sewage, including typically associated solids, from domestic activities pumped from a septic tank serving one or more private residences or a chemical toilet, or tanks within recreational vehicles, campers, trailers, and vessels.
"Industrial user"means a nondomestic source of an indirect discharge or any other industrial or commercial facility or business that has a sewer connection to the POTW, whether or not the industrial user discharges nondomestic wastewater.
"Industrial wastewater discharge permit"means a control mechanism issued by the state Department of Ecology to an industrial user that allows, limits and/or prohibits the discharge of pollutants or flow to the POTW.
"Inflow and infiltration" or "I&I"refers to groundwater or stormwater entering a POTW. Inflow refers to stormwater entering such system at points of direct connection such as footing/foundation drains, roof drains, downspouts, drains from window wells, outdoor basement stairwells, drains from driveways, groundwater/basement sump pumps, and even streams. Infiltration refers to groundwater that enters a POTW through cracks and/or leaks in the sanitary sewer pipes.
"Interference"means a discharge which alone or in combination with other discharges:
1. Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and
Causes a violation of the city's NPDES permit (including an increase in the magnitude or duration of a violation) or the prevention of sewage sludge use or disposal in compliance with any of the following statutory or regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Federal Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
"Owner"means any individual, corporation, or entity that holds the title to real property as shown by the King County assessor's records.
"Pass through"means a discharge which exits the POTW into waters of the United States or the state in quantities or in concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.
"Person"means any individual, partnership, copartnership, firm, company, association, joint stock company, trust, estate, society, corporation, group, government, governmental agency or other legal entity, and their legal representatives, agents, or assigns. The definition includes all federal, state, and local government entities.
"pH"means the negative logarithm of the effective hydrogen-ion concentration or hydrogen activity in gram equivalents per liter used in expressing both acidity and alkalinity on a scale whose values run from zero to 14, with seven representing neutrality. Values lower than seven are more acidic, and higher values are more alkaline.
"Pollutant"means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, explosives, munitions, medical waste, chemical wastes, corrosive substance, biological material, biological nutrient, toxic substance, radioactive materials, malodorous substance, wrecked or discharged equipment, rock, sand, slurry, cellar dirt, untreatable waste, or industrial, domestic, or agricultural wastes and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD5, COD, toxicity or odor).
"POTW"means a treatment works, as defined by 33 U.S.C. Section
1292(2), which is owned and operated by the city. The term generally refers to any devices and systems used in the conveyance, storage, treatment, recycling and reclamation of municipal sewage and industrial wastes of a liquid nature. A reference to the POTW means and refers to the POTW owned or operated by the city, unless a different meaning is otherwise plainly required.
means a continuous tract of land, building, or group of adjacent buildings under a single control with respect to use of water and responsibility for payment therefor. Subdivision of such use or responsibility shall constitute a division into separate premises as herein defined, except where more than one dwelling is being served through the same water meter, in which case each of said dwellings shall constitute a separate premises and shall be subject to the same separate charges as if separate single-family dwellings.
"Pretreatment"means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, discharging or otherwise introducing such pollutants to the POTW. The reduction or alteration may be obtained by physical, chemical, or biological processes, process changes, or by other means, except as prohibited by 40 CFR Part
403.6(d).
means the sewage conveyance pipe owned by the property owner that extends from approximately two feet outside of a building or structure to the connection at the POTW. In most circumstances, a portion of the private side sewer/side sewer extends into public streets or alleys connecting to the public sewer main.
"RCW"means the Revised Code of Washington as now or hereafter amended.
"Real estate professional"means the person(s) responsible for representing a buyer/seller or potential buyer/seller in the purchase transaction of a real property.
"Residential ratepayer"means a citizen who lives in a private residence within the city limits of Enumclaw and has a wastewater utility account in their name.
"Responsible person"means any of the following: the owner of the building, premises, structure, or land that is subject to the regulation alleged to have been violated; an occupant, or other person, in control of the building, premises, structure, or land that is subject to the regulation alleged to have been violated; a developer, builder, business operator, or owner who is developing, building, or operating a business on the building, premises, structure, or land that is subject to the regulation alleged to have been violated; any person who created, caused, or has allowed the violation to occur; or any person causing, allowing, or knowingly participating in the violation.
"Sanitary sewers"means those portions of the POTW that collect and convey wastewater to a treatment plant.
"Sell" or "transfer of title"means the sale or transfer of an entire real property estate or the fee interest in that real property estate and does not include the sale or transfer of a partial interest, including a leasehold.
"Single-family residence"means:
1. Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, for use by not more than one family; or
Any unit within a multifamily complex which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, for use by not more than one family that are served by a separate water meter.
"Supplemental fees"means charges that may be assessed to a responsible person by the control authority to recover the costs it incurs to address and respond to a violation of this chapter, including, but not limited to: (1) personnel costs, both direct and indirect; (2) costs to investigate, contain, and abate the discharge, including cleaning up any contamination caused by the discharge that may be present within the POTW, at the point of discharge, or in the receiving environment; (3) costs to respond to a discharge causing pass through, interference, or damage to biosolids; (4) costs to document and enforce a violation of this chapter; (5) costs to hire a contractor(s) or consultant(s) to respond to such violations; (6) laboratory costs and analytical expenses; (7) costs for equipment, materials, and supplies; (8) mobilization, transportation, treatment, storage, and disposal costs; (9) attorneys' fees, when authorized; (10) costs required for printing or mailings; and (11) costs to collect unpaid supplemental fees.
"Tampering" or "tamper"means any action taken to alter, bypass, damage or disable a monitoring device that would render it inaccurate.
"Total suspended solids" or "TSS"means solids that either float on the surface of or are suspended in water, sewage, or other liquid, and which are removable by laboratory filtering in accordance with procedures approved in 40 CFR Part
136, as amended.
means an industrial user, and any property owner, business owner, multifamily residential property owner, tenant, residential homeowner or homeowner's association/representative group, or any other individual, company, or vessel residing and/or conducting business within Enumclaw that discharges wastewater or stormwater directly or indirectly to the POTW.
"Wastewater" or "wastestream"means liquid and water-carried industrial wastes, holding tank waste, and domestic wastes from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated.
"Wastewater services"means the service provided by the POTW of collecting, conveying, treating, and disposing of wastewater.
(Ord. 2768 § 1 (Exh. A), 2023)