(1) 
This chapter sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the city of Marysville, and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. 1251 et seq.). The objectives of this chapter are:
(a) 
To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW;
(b) 
To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW;
(c) 
To ensure that the quality of the wastewater treatment plant biosolids is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations;
(d) 
To protect POTW personnel who may be affected by wastewater, wastewater solids, and biosolids in the course of their employment and to protect the general public;
(e) 
To improve the opportunity to recycle and reclaim wastewater and biosolids from the POTW.
(2) 
This chapter shall apply to all users of the POTW. This chapter authorizes the issuance of wastewater discharge authorizations; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(Ord. 2072 § 1.1, 1996)
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 of Marysville personnel.
(Ord. 2072 § 1.2, 1996)
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.
(1) 
"Accessible,"
when applied to require pretreatment monitoring or equipment, shall mean direct access without necessity of removing any panel, door, vehicle, equipment, materials or other similar obstruction.
(2) 
"Act" or "the Act"
means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
(3) 
"Administrative penalty (fine)"
means a punitive monetary charge unrelated to treatment cost, which is assessed by the director rather than a court.
(4) 
"Applicable pretreatment standards,"
for any specified pollutant, means Marysville prohibitive standards, Marysville specific pretreatment standards (local limits), state of Washington pretreatment standards, or EPA's categorical pretreatment standards (when effective), whichever standard is appropriate and most stringent.
(5) 
"Approval authority"
means the state of Washington Department of Ecology.
(6) 
"Authorized representative of the user"
means:
(a) 
If the user is a corporation:
(i) 
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
(ii) 
The manager of one or more manufacturing, production, or operation facilities if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
(b) 
If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively;
(c) 
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 government facility, or his/her authorized designee;
(d) 
The individuals described in subsections (6)(a) through (c) of this section 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.
(7) 
"Best management practices (BMPs)"
means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. 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 material storage.
(8) 
"Biochemical oxygen demand (BOD)"
means 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 (milligrams per liter (mg/l)).
(9) 
"Categorical pretreatment standard" or "categorical standard"
means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
(10) 
"Categorical user"
means a user covered by one of EPA's categorical pretreatment standards.
(11) 
"Chemical oxygen demand (COD)"
means a measure of the oxygen consuming capacity of inorganic and organic matter present in wastewater. COD is expressed as the amount of oxygen consumed from a chemical oxidant in mg/l during a specific test.
(12) 
"City"
means the city of Marysville, Washington.
(13) 
"Cooling water/noncontact cooling water"
means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.
(14) 
"Color"
means the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero (0.0) optical density.
(15) 
"Common interceptor"
means one or more interceptors receiving FOG wastewater from more than one establishment.
(16) 
"Composite sample"
means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
(17) 
"Director"
means the director of the city of Marysville public works department, or his duly authorized representative.
(18) 
Discharge Authorization.
See "Wastewater discharge authorization."
(19) 
"Domestic user (residential user)"
means any person who contributes, causes, or allows the contribution of wastewater into the city POTW that is of a similar volume and/or chemical make-up as that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 100 gallons per capita per day at 220 mg/l of BOD and TSS.
(20) 
"Environmental Protection Agency (EPA)"
means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
(21) 
"Existing source,"
for a categorical industrial user, is any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
(22) 
"Existing user,"
for noncategorical users, is defined as any user which is discharging wastewater prior to the effective date of the ordinance codified in this chapter.
(23) 
"Fats, oils and grease (FOG)"
means those components of wastewater amenable to measurement by the methods described in Standard Methods for the Examination of Water and Wastewater, 19th Edition, 1992, Section 5520. The term "fats, oils and grease" shall include polar and non polar fats, oils, and grease.
(24) 
"Food service establishment (FSE)"
means any establishment, commercial or noncommercial, primarily engaged in 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.
(25) 
"Grab sample"
means a sample which is taken from a wastestream on a one-time basis without regard to the flow in the wastestream and without consideration of time.
(26) 
"Grease removal system (GRS)"
means a grease interceptor or grease trap.
(27) 
"High strength waste"
means any waters or wastewater having a concentration of BOD or total suspended solids in excess of 220 mg/l.
(28) 
"Indirect discharge" or "discharge"
means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.
(29) 
"Interference"
means a discharge which alone or in conjunction with a discharge or discharges from other sources either: (a) inhibits or disrupts the POTW, its treatment processes or operations; (b) inhibits or disrupts its biosolids (sludge) processes, use or disposal; or (c) is a cause of a violation of the city's NPDES authorization or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or authorizations issued thereunder: Section 405 of the 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 SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
(30) 
"Local discharge limitations"
means enforceable local standards developed by the city of Marysville. The standards are expressed in units of concentration as milligrams of pollutant per liter of solution.
(31) 
"Maximum allowable discharge limit"
means the maximum concentration (or loading) of a pollutant allowed to be discharged at any time.
(32) 
"Medical wastes"
means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
(33) 
"New source"
means:
(a) 
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) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:
(i) 
The building, structure, facility, or installation is constructed at a site at which no other source is located; or
(ii) 
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(iii) 
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.
(b) 
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 (33)(a)(ii) or (iii) of this section but otherwise alters, replaces, or adds to existing process or production equipment.
(c) 
Construction of a new source as defined under this subsection has commenced if the owner or operator has:
(i) 
Begun or caused to begin as part of a continuous on-site construction program:
(A) 
Any placement, assembly, or installation of facilities or equipment; or
(B) 
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
(ii) 
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this section.
(34) 
New User.
A "new user" is not a "new source" and is defined as a user that applies to the city for a new building permit or any person who occupies an existing building and plans to discharge wastewater to the city's collection system after the effective date of the ordinance codified in this chapter. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an "existing user" if no significant changes are made in the operation.
(35) 
"Non-FSE FOG discharger (NFD)"
means any establishment, such as a church, synagogue, worship hall, banquet facility, or meeting space, nursing homes, hotel conference spaces with a commercial-style 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.
(36) 
"Pass through"
means a discharge which 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's NPDES authorization (including an increase in the magnitude or duration of a violation).
(37) 
"Person"
means any individual, partnership, copartnership, 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, or local governmental entities.
(38) 
"pH"
means a measure of the acidity or alkalinity of a substance, expressed in standard units.
(39) 
"Pollutant"
means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, or odor).
(40) 
"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) 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).
(41) 
"Pretreatment requirements"
means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
(42) 
"Pretreatment standards" or "standards"
means prohibited discharge standards, categorical pretreatment standards, and local limits established by the city (POTW).
(43) 
"Prohibited discharge standards" or "prohibited discharges"
means absolute prohibitions against the discharge of certain substances; these prohibitions appear in MMC § 14.20.050.
(44) 
"Publicly owned treatment works (POTW)"
means a "treatment works," as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the city. This definition includes all devices facilities, or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. The term also means the city of Marysville wastewater treatment plant.
(45) 
"Recreational vehicle waste (RV waste)"
means any domestic and/or residential wastes from holding tanks on private recreational vehicles, including travel trailers, pickup truck mounted campers and mobile domestic single-family recreational vehicles. This category does not include tour buses and public transportation vehicles. This category does not include wastes from vehicles which collect wastewater from holding tanks.
(46) 
"Septic tank waste"
means any domestic and/or residential sewage from holding tanks such as vessels, chemical toilets, and septic tanks.
(47) 
"Sewage"
means human excrement and gray water (household showers, dishwashing operations, etc.).
(48) 
"Sewer"
means any pipe, conduit ditch, or other device used to collect and transport sewage from the generating source.
(49) 
Shall, May.
"Shall" is mandatory, "may" is permissive.
(50) 
"Significant industrial user (SIU)"
means:
(a) 
A user subject to categorical pretreatment standards; or
(b) 
A user that:
(i) 
Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling. and boiler blowdown wastewater); or
(ii) 
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
(iii) 
Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement;
(c) 
Upon a finding that a user meeting the criteria in subsection (50)(b) of this section has no reasonable potential for adversely affecting the POTW's operation or for violating any applicable pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, determine that such user should not be considered a significant industrial user.
(51) 
"Slug load"
means any discharge at a flow rate or concentration which could cause a violation of the discharge standards in MMC § 14.20.050 through § 14.20.080 or any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, or any discharge greater than or equal to five times the amount or concentration allowed by authorization or this chapter.
(52) 
"Standard Industrial Classification (SIC) code"
means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
(53) 
"State"
means the state of Washington.
(54) 
"Storm water"
means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
(55) 
"Total suspended solids"
means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
(56) 
"Toxic pollutant"
means one of the pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by EPA under Section 307 (33 U.S.C. 1317) of the Act, or other pollutants as may be promulgated.
(57) 
"Treatment plant effluent"
means the discharge from the POTW into waters of the United States.
(58) 
Treatment Works.
See "Publicly owned treatment works (POTW)."
(59) 
"User" or "industrial user"
means a source of indirect discharge. The source shall not include "domestic user" as defined herein.
(60) 
"Wastewater"
means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
(61) 
"Wastewater discharge authorization"
means an authorization or equivalent control document issued by the city to users discharging wastewater to the POTW. The authorization may contain appropriate pretreatment standards and requirements as set forth in this chapter.
(62) 
"Wastewater treatment plant" or "treatment plant"
means that portion of the POTW which is designed to provide treatment of municipal sewage and authorized industrial waste.
The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.
(Ord. 2072 § 1.3, 1996; Ord. 3222 § 1 (Exh. A), 2022)
The following abbreviations shall have the designated meanings:
AKART
All known available and reasonable technology
ASPP
Accidental spill prevention plan
BMPs
Best management practices
BOD
Biochemical oxygen demand
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
EPA
U.S. Environmental Protection Agency
FOG
Fats, oils, and grease
FSE
Food service establishment
gpd
gallons per day
GRS
Grease removal system
l
liter
LEL
Lower explosive limit
mg
milligrams
mg/l
milligrams per liter
NFD
Non-FSE FOG discharger
NPDES
National Pollutant Discharge Elimination System
O and M
Operation and maintenance
POTW
Publicly owned treatment works
RCRA
Resource Conservation and Recovery Act
SIC
Standard Industrial Classifications
SWDA
Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
TSS
Total suspended solids
U.S.C.
United States Code
(Ord. 2072 § 1.4, 1996; Ord. 3222 § 1 (Exh. A), 2022)