(1) 
No significant industrial user (SIU) shall discharge wastewater into the POTW without first obtaining a wastewater discharge authorization from the director. Any violation of the terms and conditions of a wastewater discharge authorization shall be deemed a violation of this chapter and subjects the authorization to the sanctions set out in this chapter. Obtaining a wastewater discharge authorization does not relieve a user 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. The director at his sole discretion will determine which discharger is a significant industrial user.
(2) 
The director may require other users to obtain wastewater discharge authorizations (as necessary) to carry out the purposes of this chapter.
(Ord. 2072 § 3, 1996)
Any SIU that was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter and that wishes to continue such discharges in the future shall, within 60 days after notification by the director, submit an authorization application to the city in accordance with MMC § 14.20.260, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of notification except in accordance with a wastewater discharge authorization issued by the director.
(Ord. 2072 § 3.1, 1996)
At least 90 days prior to the anticipated start-up, new sources, sources that become a user subsequent to the promulgation of an applicable categorical pretreatment standard, and "new users" that are determined to be significant industrial users (SIU) shall apply for a wastewater discharge authorization and will be required to submit to the city at least the information listed in MMC § 14.20.260(1) through (5). A new source, or "new user" that is determined to be a significant industrial user (SIU), cannot discharge without first receiving a wastewater discharge authorization from the city. New sources, and "new users" that are determined to be significant industrial users (SIUs), shall also be required to include in their application information on the method of pretreatment the user intends to use to meet applicable pretreatment standards. New sources, and "new users" that are determined to be significant industrial users (SIUs), shall give estimates of the information requested in MMC § 14.20.260(4) and (5).
(Ord. 2072 § 3.2, 1996)
Any existing user located beyond the city limits required to obtain a wastewater discharge authorization shall submit a wastewater discharge authorization application as outlined in MMC § 14.20.230. New source, and "new users" that are determined by the director to be significant industrial users (SIUs), located beyond the city limits required to obtain a wastewater discharge authorization shall comply with MMC § 14.20.240.
(Ord. 2072 § 3.3, 1996)
All users required to obtain a wastewater discharge authorization must submit, at a minimum, the following information. The director shall approve a form to be used as an authorization application. Categorical users submitting the following information shall have complied with 40 CFR 403.12(b).
(1) 
Identifying Information. The user shall submit the name and address of the facility including the name of the operator and owners. The user shall provide the Standard Industrial Classification (SIC) number for the facility.
(2) 
Authorizations. The user shall submit a list of any environmental control authorizations held by or for the facility.
(3) 
Description of Operations. The user shall submit a brief description of the nature, average rate of production, and Standard Industrial Classification of the operation(s) carried out by such industrial user, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; number and type of employees; hours of operation; each product produced by type, amount, process or processes, and rate of production; type and amount of raw materials processed (average and maximum per day) and the time and duration of discharges. This description should also include a schematic process diagram which indicates points of discharge to the POTW from the regulated or manufacturing processes. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation.
(4) 
Flow Measurement.
(a) 
Categorical User. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
(i) 
Regulated or manufacturing process streams; and
(ii) 
Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e).
(b) 
Noncategorical User. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
(i) 
Total process flow, wastewater treatment plant flow, total plant flow or individual manufacturing process flow as required by the director.
(ii) 
The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
(5) 
Measurements of Pollutants.
(a) 
Categorical User.
(i) 
The user shall identify the applicable pretreatment standards for each regulated or manufacturing process.
(ii) 
In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass) where required by the categorical pretreatment standard or as required by the city of regulated pollutants in the discharge from each regulated or manufacturing process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in Article V of this chapter.
(iii) 
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.
(iv) 
Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) for a categorical user covered by a categorical pretreatment standard this adjusted limit along with supporting data shall be submitted as part of the application.
(b) 
Noncategorical User.
(i) 
The user shall identify the applicable pretreatment standards for its wastewater discharge.
(ii) 
In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass where required by the city) of regulated pollutants contained in MMC § 14.20.050 through § 14.20.080, as appropriate in the discharge. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in Article V of this chapter.
(iii) 
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.
(iv) 
Where the director developed alternate concentration or mass limits because of dilution this adjusted limit along with supporting data shall be submitted as part of the application.
(6) 
Certification. A statement, reviewed by an authorized representative of the user and certified by a qualified professional as outlined in MMC § 14.20.270, indicating whether the applicable pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the user to meet the applicable pretreatment standards and requirements.
(7) 
Compliance Schedule. If additional pretreatment and/or O and M will be required to meet the applicable pretreatment standards, the city will establish the shortest schedule by which the user will provide such additional pretreatment and/or O and M modifications. The schedule shall conform with the requirements of MMC § 14.20.400. The completion date in this schedule shall not be later than the compliance date established pursuant to MMC § 14.20.150.
(a) 
Where the user's categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) at the time the user submits the report required by this section, the information required by subsections (6) and (7) of this section shall pertain to the modified limits.
(b) 
If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) after the user submits the report required by subsections (6) and (7) of this section, then a new report shall be submitted by the user within 60 days after the modified limit is approved.
(8) 
Any other information as may be deemed necessary by the director to evaluate the wastewater discharge authorization application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(Ord. 2072 § 3.4, 1996)
All wastewater discharge authorization applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:
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.
(Ord. 2072 § 3.5, 1996)
The director will evaluate the data furnished by the user and may require additional information. Within 90 days of receipt of a complete wastewater discharge authorization application, the director will determine whether or not to issue a wastewater discharge authorization. The authorization shall be issued within 30 days of full evaluation and acceptance of the data furnished. The director may deny any application for a wastewater discharge authorization.
(Ord. 2072 § 3.6, 1996)
Wastewater discharge authorizations shall include such conditions as are reasonably deemed necessary by the director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
(1) 
Wastewater discharge authorizations must contain the following conditions:
(a) 
A statement that indicates wastewater discharge authorization duration, which in no event shall exceed five years;
(b) 
A statement that the wastewater discharge authorization is nontransferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge authorization;
(c) 
Applicable pretreatment standards and requirements, including any special requirements;
(d) 
Self monitoring, sampling, reporting, notification, submittal of technical reports, compliance schedules, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;
(e) 
Requirement for immediate notification to the city where self-monitoring results indicate noncompliance;
(f) 
Requirement to report a bypass or upset of a pretreatment facility;
(g) 
Requirement for the SIU who reports noncompliance to repeat the sampling and analysis and submit results to the city within 30 days after becoming aware of the violation;
(h) 
A reference to this chapter concerning applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule.
(2) 
Wastewater discharge authorizations may contain, but need not be limited to, the following conditions:
(a) 
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(b) 
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(c) 
Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges;
(d) 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(e) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(f) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(g) 
A statement that compliance with the wastewater discharge authorization does not relieve the applicant of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge authorization;
(h) 
Any special agreements the director chooses to continue or develop between the city and user;
(i) 
Other conditions as deemed appropriate by the director to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
(Ord. 2072 § 3.7, 1996)
Any person, including the user, may petition the city to reconsider the terms of a wastewater discharge authorization within 30 days of its issuance.
(1) 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(2) 
In its petition, the appealing party must indicate the wastewater discharge authorization provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge authorization.
(3) 
The effectiveness of the wastewater discharge authorization shall not be stayed pending the appeal.
(4) 
If the city fails to act within 60 days of the receipt of an appeal, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge authorization, not to issue a wastewater discharge authorization, or not to modify a wastewater discharge authorization shall be considered final administrative actions for purposes of judicial review.
(5) 
Aggrieved parties seeking judicial review of the final administrative wastewater discharge authorization decision must do so by filing a petition for review with the Snohomish County superior court within 30 days.
(Ord. 2072 § 3.8, 1996)
Wastewater discharge authorizations shall be issued for a specified time period, not to exceed five years. A wastewater discharge authorization may be issued for a period less than five years, at the discretion of the director. Each wastewater discharge authorization will indicate a specific date upon which it will expire.
(Ord. 2072 § 3.9, 1996)
(1) 
The director may modify the wastewater discharge authorization for good cause including, but not limited to, the following:
(a) 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(b) 
To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge authorization issuance;
(c) 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(d) 
Information indicating that the authorized discharge poses a threat to the city's POTW, city personnel, or the receiving waters;
(e) 
Violation of any terms or conditions of the wastewater discharge authorization;
(f) 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge authorization application or in any required reporting;
(g) 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(h) 
To correct typographical or other errors in the wastewater discharge authorization; or
(i) 
To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
(2) 
Such modifications of wastewater discharge authorizations shall occur at the time of renewal of said authorization except in unusual circumstances related to actions or regulations imposed by the Department of Ecology or other regulatory authorities. Operational disequilibrium events or other treatment plant operational problems shall also be grounds for modification of wastewater discharge authorization documents prior to the date of renewal. No vested right shall be created by the issuance of a waste discharge authorization under this chapter.
(Ord. 2072 § 3.10, 1996)
Wastewater discharge authorizations may be reassigned or transferred to a new owner and/or operator only if the current owner gives at least 90 days' advance notice to the director and the director approves the wastewater discharge authorization transfer. The notice to the director must include a written certification by the new owner and/or operator which:
(1) 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) 
Identifies the specific date on which the transfer is to occur; and
(3) 
Acknowledges full responsibility for complying with the existing wastewater discharge authorization.
Provided that the above occurs and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing user and be covered by the existing limits and requirements in the previous owner's authorization. Failure to provide advance notice of a transfer renders the wastewater discharge authorization voidable as of the date of facility transfer.
(Ord. 2072 § 3.11, 1996)
(1) 
Wastewater discharge authorizations may be revoked for, but not limited to, the following reasons:
(a) 
Failure to notify the city of significant changes to the wastewater prior to the changed discharge;
(b) 
Failure to provide prior notification to the city of changed conditions;
(c) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge authorization application;
(d) 
Falsifying self-monitoring reports;
(e) 
Tampering with monitoring equipment;
(f) 
Refusing to allow the city timely access to the facility premises and records;
(g) 
Failure to meet discharge limitations;
(h) 
Failure to pay fines;
(i) 
Failure to pay sewer charges;
(j) 
Failure to meet compliance schedules;
(k) 
Failure to complete a wastewater survey or the wastewater discharge authorization application;
(l) 
Failure to provide advance notice of the transfer of an authorized facility;
(m) 
If the city has to invoke its emergency provision as cited in MMC § 14.20.640;
(n) 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge authorization or this chapter;
(o) 
Failure to comply with all requirements of a written accidental spill prevention/slug loading plan.
(2) 
Wastewater discharge authorizations shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge authorizations issued to a particular user are void upon the issuance of a new wastewater discharge authorization to that user.
(Ord. 2072 § 3.12, 1996)
A user, required to have a wastewater discharge authorization, shall apply for wastewater discharge authorization reissuance by submitting a complete wastewater discharge authorization application, in accordance with MMC § 14.20.260, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge authorization. A user, whose existing wastewater discharge authorization has expired and has submitted its re-application in the time period specified herein, shall be deemed to have an effective wastewater discharge authorization until the city issues or denies the new wastewater discharge authorization. A user, whose existing wastewater discharge authorization has expired and who failed to submit its re-application in the time period specified herein, will be deemed to be discharging without a wastewater discharge authorization.
(Ord. 2072 § 3.13, 1996)