Chapter 13.17 WASTEWATER DISCHARGE AND PRETREATMENT

§ 13.17.010 Applicability to all users and customers.

This wastewater discharge and pretreatment chapter is intended and hereby declared to be applicable to all users discharging to the publicly owned treatment works and sanitary sewer collection systems of the City of Castle Rock, and shall be enforced and administered by the City of Castle Rock Public Works Director (PWD).

(Ord. 2025-19, 12/8/2025)

§ 13.17.020 General Provisions.

Purpose. This chapter sets forth uniform requirements for the use of the City of Castle Rock Publicly Owned Treatment Work (POTW) and enables the City of Castle Rock to comply with all applicable state and federal wastewater treatment laws, including the Clean Water Act (33 United States Code, Section 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives are:

To protect the POTW from potential harm by establishing clear standards and requirements for pretreatment of non-domestic waste. Harm to be prevented includes: interfering with the operations or maintenance of, reducing the expected life, or otherwise harming, the collecting system; causing pollutants to pass through the POTW without adequate treatment, or otherwise harming the receiving environment; or causing the POTW to respond to a discharge based on a real or perceived threat.

To protect POTW and/or collection system staff who may be affected by wastewater and sludge in the course of their employment, and to protect the general public.

To promote the reuse and recycling of industrial wastewater by the Industrial User.

To protect high quality POTW for beneficial use, such as reclaimed water and biosolids.

To provide for user fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW.

To enable the City of Castle Rock to comply with its National Pollutant Discharge Elimination System Permit, sludge use, disposal requirements, any other federal, state, or local laws to which the POTW is subject. This chapter authorizes the issuance of Wastewater Discharge Permits, provides for 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.

Administration. Except as otherwise provided herein, the City of Castle Rock Public Work's Director shall administer and implement Section the provisions of this chapter and shall conduct other activities as set forth in Section 13.17.060, Conditional Wastewater Discharge Approval (CWDA). Any powers granted to or duties imposed upon the PWD may be delegated by the PWD to personnel under the PWD direction.

Abbreviations. The following abbreviations, when used in this chapter, shall have the designated meanings:

BOD	Biochemical Oxygen Demand
BPM	Best Management Practices
City	City of Castle Rock
CIU	Categorical Industrial User
CRCC	Castle Rock City Council
CWDA	Conditional Wastewater Discharge Approval
DU	Domestic User (Residential User)
GPD	Gallons per day
IU	Industrial User
MIU	Minor Industrial User
MG/L	Milligrams per liter (parts per million)
NPDES	National Pollutant Discharge Elimination System
POTW	Publicly Owned Treatment Works
PWD	Public Works Director
PSIU	Potential Significant Industrial User
RCRA	Resource Conservation and Recovery Act
SIU	Significant Industrial User
TSS	Total Solids Suspended
UG/L	Microgram per liter (parts per billion)
U.S.C.	United States Code
USEPA	U.S. Environmental Protection Agency
WA DOE	Washington State Department of Ecology

Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter shall have the meanings hereinafter designated. Act or "the Act" — The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq. This act will function for the corporation; or the manager of one or more manufacturing, production, or operating facilities. Provided the manager is authorized to make management decisions which govern the operating of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that 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.

If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively.

If the User is a federal, state, or local governmental facility: a director or higher official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designees.

The individual described in Sections (1)-(3) of this definition may designate another authorized representative if the authorization is in writing; the designation 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 PWD. Best Management Practices or BMP's schedules activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in Sections 13.17.030A and B and 40 CFR Part 403.5(a)(1) and (b). BMPs also include treatment requirements, facility improvements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

Biochemical Oxygen Demand or BOD

The quantity of oxygen utilized in the biochemical oxidation of organic matter under the standard laboratory procedures for five (5) days at 20 degrees centigrade usually expressed as a concentration (e.g. mg/l).

Biosolids

Wastewater sludge after treatment to meet federal and state regulations and intended disposal criteria.

Castle Rock City Council (CRCC)

An administrative body that operates as a public agency under State of Washington Law, providing wastewater management and reclaimed water production services for the City of Castle Rock and the sewer service area, defined in the Rural Transition Area, and agreement between the City of Castle Rock and Cowlitz County, dated December 17th, 2019.

Categorical Industrial User or CIU

An Industrial User subject to Categorical Pretreatment Standard or Categorical Standard. Such Industries are regulated by the Washington State Department of Ecology (WA DOE) and receive permits from the Washington State Department of Ecology.

Categorical Pretreatment Standard or Categorical Standard

Any regulation containing pollutant discharge limits promulgated by the USEPA in accordance with Sections 307(b) and (c) of the Act (33 US.C. Section 1317), which apply to a specific category of Users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

Composite Sample

composite of several taken throughout the period of a day when a regulated discharge is occurring. Several brands of automated samplers, some with a refrigerated sample collection area, may be used, subject to the advance approval of the PWD. Approvable composite samplers may either use a flow paced or time paced algorithm. For example, collecting a same size aliquot every 1,000 gallons (flow paced), or a variable sized aliquot every hour (time paced). In both cases, they must interface with a device which senses the effluent flow volume to collect a representative sample unless the PWD has determined that a flow proportionate sample is not required.

CWDA

City Wastewater Discharge Approval program whereby, all minor commercial users (MCU) and minor industrial users (MIU) discharging or proposing to discharge non-domestic wastewater into the City's wastewater collection system, are required to apply for and obtain approval. The approval will be based a completed application. The City will determine the extent of the pretreatment, testing, maintenance, and record-keeping that will be required.

Daily Limit or Daily Maximum Limit

The maximum allowable discharge of a pollutant over a calendar day or equivalent representative 24-hour period. Where daily maximum limits are expressed in units of mass, the daily discharge is calculated by multiplying the daily average concentration and total flow volumes in the same 24-hour period by a conversion factor to get the desired units. Where daily limits are expressed in terms of a concentration, the daily discharge is the composite sample value, or flow weighted average if more than one discrete sample was collected. Where flow weighting is infeasible, the daily average is the arithmetic average of all samples if analyzed separately, or the sample value if samples are composited prior to analysis.

Discharge

the introduction of pollutants into the collection system and/or POTW, directly or indirectly, from any non-domestic source regulated under Section 307(b), (c), or (d) of the Clean Water Act.

Domestic Sewage (Residential Sewage)

Sewage which is similar in volume and characteristics to that produced from a single-family residential dwelling engaging in customary household activities. This includes up to 50 gpd volume with a concentration up to 350 mg/L of Biochemical Oxygen Demand, 350mg/L of Total Suspended Solids, and 44 mg/L Total Ammonia, 100 mg/L of any type of fats, oils or greases (FOG) or combination thereof. No sand, silt, heavy sediment that does not float, or: wipes, plastics or feminine hygiene products, needles or other similar products are allowed from any sector (residential, commercial or industrial) of the sewer service area are allowed to enter into the sanitary sewer system.

Domestic User/Residential User

Any person who contributes, causes, or allows the contribution of wastewater into the POTW that is of a similar volume and/or chemical make-up as that of a single-family residential dwelling unit. Discharges from a residential dwelling unit include up to 350 gpd with a concentration up to 50 mg/L of Biochemical Oxygen Demand, 350mg/L of Total Suspended Solids, and 44 mg/L Total Ammonia, 100 mg/L of any type of fats, oils or greases (FOG) or a combination thereof. No sand, silt, heavy sediment that does not float, or: wipes, plastics or feminine hygiene products, needles or other similar products are allowed from any sector (residential, commercial or industrial) of the sewer service area are allowed to enter into the sanitary sewer system. The Domestic User Classification is intended to cover apartment buildings and other multi-unit facilities which generally engage in food preparation activities within and serving only individual units.

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.

Existing Source

Any source of discharge subject to Categorical Standards that does not meet the definition of a "New Source" per this section.

Fats, Oils and Grease (FOG) or combination thereof

Fats, oils, or greases of animal or vegetable origin in concentrations greater than one hundred (100) mg/l.

Grab Sample

A sample, from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

Industrial User or IU

A User which utilizes water in the manufacture or processing of a product, or otherwise creates a sewer discharge that does not meet the criteria for domestic sewage. Industrial Users can be either industrial or commercial in nature and are further classified as a Categorical Industrial User, Significant Industrial User, Potential Industrial User, or Minor Industrial User of the POTW, depending on the volume and nature of their discharge.

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 Use 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.

Interference

A Discharge that causes (either by itself or in combination with other discharges) a violation of POTW & NPDES Permit. This includes discharges that prevent the intended biosolids use or disposal by inhibiting or disrupting the POTW, including its collection systems, pump stations, waste water and sludge treatment processes; or plugs, degrades, damages, unreasonably reduces capacity, or otherwise harms or disrupts the operations, maintenance, and service life of the collection systems. For example, a discharge from a User which causes a blockage, resulting in a discharge at a point not authorized by City, is a violation of POTW NPDES Permit and this chapter.

Local Limits

Effluent limitation developed for Users by the PWD to specifically protect the POTW from the potential of pass through, interference, vapor toxicity, explosions, sewer corrosion, and intended biosolids uses. Such limits shall be based on the POTW's site-specific flow and loading capacities, receiving water and collection systems considerations, and reasonable treatment expectations for non-domestic wastewater. See section 13.17.030 (General Sewer Use Requirements) for a full list of Local Limits.

Medical Waste

Isolation wastes, infections agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

Minor Industrial User or MIU

Any Industrial User that does not otherwise qualify as a significant Industrial User of the POTW.

Monthly Average Limit

The limit to be applied to the Monthly Average to determine compliance with the requirements of this chapter (see section 13.17.030 for listing).

New Source

All Industrial Users applying through a business license or a building permit that proposes to discharge into the City of Castle Rock's collection system. These users must fill out a Industrial User Survey for the PWD evaluation prior to discharging into the collection system. See Section 13.17.050A.

Pass Through

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, causes a violation of any requirement of the POTW NPDES permit, including an increase in the magnitude or duration of a violation.

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 government entities.

A measure of the acidity or alkalinity of a solution, expressed in standard units.

Pollutant

Any constituent in the wastewater that may degrade water quality in the receiving water to the quality of biosolids generated by the POTW, including but not limited to dredged spoils, 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.

Potential Significant Industrial User

A user that does not meet the criteria of Significant Industrial User, but whose discharge may interfere with the POTW such that the PWD determines that the User must monitor and potentially pretreat its discharge.

Pretreatment

The reduction of the concentration of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants in wastewater prior to, or in lieu of discharging such pollutants to 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. These standards shall mean discharge prohibitions, state pretreatment standards, and local limits. See Sections 13.17.030A, B and E, General Sewer Use Requirements.

Public Works Director (PWD)

The city of Castle Rock Public Works Direct who oversees the operation of the POTW shall be considered the City's agent. The term also applies to the City's Public Works staff representatives as designated by the PWD.

Publicly Owned Treatment Works or POTW

A treatment works, as defined by Section 212 of the Clean Water Act (33 U.S.C. Section 1292), which is owned by the City of Castle Rock and along with treatment works, which is also owned by the City of Castle Rock. 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, including sanitary sewer and storm sewer collection systems, which convey wastewater to a treatment plant. The POTW and sanitary sewer collection systems shall not be considered to be a User under the provisions of this chapter.

Septic Tank Waste

Sewage and typically associated solids from activities generating domestic quality sewage, pumped from a septic tank. The PWD may also consider wastes from other holding tanks such as boat blackwater, bilge water, cesspools, commercial or industrial septic tanks, and treatment lagoons to be Septic Tank Waste so long as there are absent pollutants which might interfere with the POTW.

Sewage

Human excrement and gray water (from household showers, toilets, kitchens clothes and dish washing, and related domestic activities), wastewater, or water which carries human wastes or a combination of water-carried wastes from residences, businesses, institutions, and industries.

Significant Industrial User or SIU

Significant Industrial User is a User that:

Discharges an average of twenty-five thousand (25,000) gpd or more of process waste water to the POTW (excluding domestic sewage, non-contact cooling water, and boiler blowdown wastewater).

ii.

Contributes a processed waste stream that makes up five (5) percent or more of the average dry weather monthly hydraulic organic design capacity of the POTW treatment plant.

iii.

Is designated as such by the PWD on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

Upon finding that a User meeting the criteria in subsection a.i or a.ii of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the PWD's with the concurrence of WA DOE, may at any time, on the PWD's own initiative or in response to a petition received from a User, in accordance with procedures in 40 CFR Part 403.8(f)(6), determine that such User should not be considered a Significant Industrial User.

Significant Noncompliance

Any violation of a pretreatment standard or requirement, including numerical limits, narrative standards, and prohibitions, that the WA DOE or the PWD determines has caused, alone or in combination with other Discharges, Interference or Pass Through, including endangering the health of POTW personal or the general public.

Any discharge of a pollutant that has caused imminent danger to the public or to the environment, or has resulted in the PWD its emergency authority to halt or prevent such a discharge.

Any violation(s) including of Best Management Practices (BMP), which the PWD determines will adversely affect the operation or implementation of the pretreatment program.

Chronic violations of wastewater discharge limits, defined as sixty six percent (66%) or more of all of the measurements taken for the same pollutant parameter during a rolling six (6) month period exceed, by any magnitude, a numeric pretreatment standard or requirement, including instantaneous limits of Section 13.17.030, General Sewer Use Requirements.

Technical Review Criteria (TRC) violations, defined as thirty-three cent (33%) or more of wastewater measurements taken for each pollutant parameter during a rolling six (6) month period equal or exceed the product of the numeric pretreatment standard or requirement, (including instantaneous limits as defined by this section), multiplied by the applicable criteria. Applicable criteria are 1.4 times the limit for Biochemical Oxygen Demand, Total Suspended Solids, fats, oils and greases, and 1.2 times the limit for all other pollutants except pH.

Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a City Wastewater Discharge Approval (CWDA) or enforcement order for starting construction, completing construction, or attaining final compliance.

Failure to provide any required report withing forty-five (45) calendar days after the due date. This includes initial and periodic monitoring reports, and reports on initial compliance and on meeting compliance schedules.

Failure to accurately report noncompliance.

Slug load 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 flow rate or concentration that could cause a violation of the Prohibited Discharge Standards of CRMC § 13.17.030.

Sources

Any building structure, facility, or installation from which there is (or may be) a Discharge of pollutants, provided that:

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 is 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.

Construction on a site at which an existing source is located is considered a modification, rather than a new or changed source, if the construction does not create a new building structure, facility, or installation meeting the criteria of subsection a.ii or a.iii of this definition both otherwise alters, replaces or adds to existing process or production of equipment.

PWD if the nature of the wastewater discharge changes, such as: Non-Contact Cooling Water as: Non-Contact Cooling Water — Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Storm Water

Any flow occurring during or following any form of natural precipitations, and resulting from such precipitation, including snow melt.

Total Suspended Solids or TSS

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.

User

Any person with a source of discharge that does not qualify that person as a Domestic User, who discharges an effluent into the POTW by means of pipes, conduit, pumping stations, force main, tank trucks, constructed drainage ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto.

Wastewater

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.

Wastewater Treatment Plant or Treatment Plant

That portion of the POTW, which is designed to provide treatment of municipal sewage and industrial waste.

(Ord. 2025-19, 12/8/2025)

§ 13.17.030 General Sewer Use Requirements.

Prohibited Discharge Standards.

General Prohibitions — No user shall introduce or cause to be introduced into the POTW or the collection systems any pollutant or wastewater which causes Pass Through or Interference. These general prohibitions apply to all Users of the POTW whether or not they are subject to Categorical Pretreatment Standards or any other national, state, or local pretreatment standards or requirements.

Specific Prohibitions — No User shall introduce or cause to be introduced into the POTW or the collection system the following pollutants, substances, or wastewater:

Pollutants which, either alone or by interaction create a fire or explosion hazard, 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 system 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 Part 261.21.

Wastewater having a pH less than 6.0 or more than 9.0 or otherwise having any other corrosive property capable of causing damage or hazard to structures, pipelines, facilities, equipment, or personnel. Discharge outside this pH range may be authorized by the PWD pursuant to a finding that the system is capable of accommodating a discharge of that pH.

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. This includes discharge of materials that cause the formation of solids by coagulation of materials already present in the wastewater including FOG. In no case shall inert solids greater than 1/4 inch (0.64 CM) in any dimensions be discharged, such as, but not limited to, garbage, animal guts or tissues, manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metals, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, wipes (neither disposable or "flushable"), feminine hygiene products, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, glass grinding or polishing wastes, any waters or wastes containing more than 350 parts per million by weight of suspended solids.

Pollutants, including oxygen-demanding pollutants (Biochemical Oxygen Demand, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either individually or by interacting with other pollutants, will cause interference with the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average 24-hour concentration, quantities of flow during normal operation.

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. Water may not be discharged into the collection system at temperatures in excess of 149 degrees F (65 degrees C). In no case shall wastewater be discharged which causes the wastewater temperature in the POTW influent to exceed 104 degrees F (40 degrees C).

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through.

Pollutants which result in the presence of Toxic gases, vapors, or fumes within the collection system and/or the POTW in a quantity that constitutes a hazard to humans, animals, fish or fowl, or create any hazard in the receiving waters of the city's treatment system and safety problems.

Trucked or hauled pollutants, except at discharge points designated by the PWD in accordance with CRMC § 13.70.040.

The following are prohibited unless approved by the PWD under extraordinary circumstances, such as lack of direct discharge alternatives due to combined sewer service or need to augment sewage flows due to septic conditions (as required under WAC 173-216-050).

Non-contact cooling water in significant volumes.

ii.

Stormwater.

iii.

Wastewaters significantly affecting system hydraulic loading which do not require treatment or would not be afforded a significant degree of treatment by the system.

Noxious or malodorous liquids, gases, solids, or other wastewater, which, either individually or by interacting with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair.

Wastewater which imparts color that cannot be removed by the treatment process, including but not limited to dyes and dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating POTW NPDES Permit.

Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations.

Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized by the PWD.

Sludges, screenings, or other residues from the pretreatment of industrial wastes.

Medical wastes, except as specifically authorized by the PWD in a Wastewater Discharge Permit.

Wastewater causing, either individually or by interacting with other wastes, the POTW's effluent to fail a toxicity test.

Detergents, surface-active agents or other substances which may cause excessive foaming in the POTW, or any substance which may cause the city treatment system's effluent or any other products of the system, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process.

Fats, oils, or greases (FOG) of animal or vegetable origin in concentrations greater than one hundred (100) mg/L.

Total Petroleum Hydrocarbon concentrations greater than one hundred (100) mg/L.

Wastewater causing two readings on an explosions hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than ten percent (10%) or any single reading over twenty percent (20%) of the Lower Explosive Limit based on a combustible gas meter reading. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides, and any other substances which the state or EPA has notified the user is a fire hazard or a hazard to the system.

Hydrogen sulfide in any amount that causes damage to the City's collection system, POTW, or may present a health and safety issue with City staff or general population.

Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

State Pretreatment Classifications for CIUs. Chapter 173-216 WAC and Chapter 90.48 RCW are hereby adopted by this reference. All waste materials discharged from a CIU into the POTW must satisfy the provisions thereof. Any person who constructs or modifies or proposes to construct or modify wastewater treatment facilities must first comply with the regulations for submissions 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 90.48.440, sources of non-domestic discharges shall request approval for such plans through the WA DOE. To ensure conformance with this requirement, proof of the approval of such plans and one copy of each approval plan shall be provided to the PWD before commencing any such construction or modification.

Discharge Classifications for SIU. WA DOE will issue Discharge Permits to all non-domestic discharges that are characterized as Significant Industrial Users (SIU).

Discharge Classifications for PSIU. WA DOE will review all discharges that are Potential Significant Industrial Users (PSIU). WA DOE will issue Discharge Permit if it is determined the discharge flow meets the characterization for a SIU. The City will issue a Conditional Wastewater Discharge Authorization (CWDA) if the discharge does not meet the characterization of a SIU, but has characteristics that are more than domestic sewage and are considered Minor Industrial User (MIU).

Local Discharge Classification.

The CRCC may establish, by recommendation of the PWD, local Discharge and Pretreatment Standards pursuant to 40 CFR Part 403.5(c).

The pollutant limits in subsection A of this section are established to protect against Pass Through and Interference and reflect the application of reasonable treatment technology.

The pollutant limits apply at the point where the wastewater is discharged to the collection system and/or the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The WA DOE may impose mass loading limits in addition to concentration-based limits.

Local Pollutant Discharge Limits listed in subsection A of this section.

The PWD may use the CWDA to establish appropriate discharge limits for all other pollutants not listed under this section.

Local Discharge Standards will be used by the City to issue Conditional Wastewater Discharge Approval (CWDA) to Minor Industrial Users (MIU).

This includes pollutants subject to regulation under RCRA, volatile or some organics, halogenated or brominated compounds, poly-aro when deemed appropriate to safeguard against the use of dilution to meet applicable pretreatment standards or requirements.

(Ord. 2025-19, 12/8/2025)

§ 13.17.040 Pretreatment and Discharge of Wastewater.

Pretreatment Facilities. Users shall provide wastewater treatment process as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 13.17.030, General Sewer Use Requirements, within the time limitations specified by U.S. Environmental Protection Agency, WA DOE, the PWD, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the User's expense, and shall be subject to WA DOE and PWD review and approval of the facility plans. Such plans (Engineering Report, Plans and Specifications, and Operation and Maintenance Manuals) shall be submitted as required by Chapter 173-240 WAC to the PWD, and to the WA DOE if applicable, for review, and Users shall obtain approval prior to construction. The review of such plans and operating procedures shall in no way relieve the User from the responsibility of modifying such facilities as necessary to produce a Discharge in compliance with the WA DOE discharge permit or the POTW Wastewater Discharge Permit as applicable.

Emergency Authority for Discharge Violations.

The PWD may order an immediate halt of any discharge of pollutants to the POTW collection system which reasonably appears to present an imminent danger to the health or welfare of persons. In such cases, the PWD will provide the User advance notice of such action, if possible, but shall not delay a response to imminent danger. If the User fails to halt the Discharge when so directed, the PWD may take any prudent action to prevent the discharge including but not limited to physically blocking such discharge and/or turning off the water supply.

The PWD may halt or prevent any discharge to the POTW which presents or may present a danger to the environment or which threatens to interfere with the operation of the collection system or POTW. In such cases, the PWD shall attempt to provide not only notice to the affected User(s), but the opportunity to respond. If the User fails to halt the Discharge when so directed, the PWD may take any prudent action to prevent the Discharge, including but not limited to physically blocking such discharge and/or turning off the water supply.

Any User causing the releases of a discharge outside their approval, shall reimburse all costs to the City for their actions related to such discharge.

The PWD may require Users to reduce or curtail discharges to the POTW, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams and take all other measures to protect the collection system and the POTW and determine the User's compliance with the requirements of this chapter.

Accidental Discharge/Slug Discharge/FOG Discharge Control Plans. The PWD, through CWDA, may require the User to develop and implement an Accidental Discharge/Slug Discharge Control Plan and take other actions the PWD believes are necessary to control discharges which may be caused by spills or periodic non-routine activities. Accidental Discharge/Slug Discharge Control Plans shall include at least the following:

A description of all discharge practices, including any non-routine batch discharges such as from cleaning, replenishment, or disposal.

A description of all stored chemicals, disclosing all ingredients in formulations, which could violate a discharge prohibition if discharged to the sewer.

Procedures for immediately notifying the PWD of any accidental or slug discharge, as required by Section 13.17.070C, Reporting Requirements.

Procedures that will be taken to prevent the occurrence or adverse impact from any accidental or slug discharge. Such procedures shall address the inspection and maintenance of storage areas, handling and transfer of materials, loading worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

Hauled Wastewater.

The City is under no obligation to receive any hauled waste whether "Septic Tank Waste" or from any other source.

Hauled wastewater meeting the definition of "Septic Tank as Waste" may be introduced into the POTW at designated locations, and at such times are established by the PWD. The hauler of such wastes shall be responsible for ensuring such wastes comply with all discharge prohibitions and other applicable requirements of the PWD. The PWD may require septic tank waste haulers to provide a manifest at the time of discharge identifying the customer's name, address, and volume from each tank generating the waste.

The PWD shall require the hauler, and may also require the generator, of nondomestic hauled wastewater to obtain CWDA. The discharge of hauled and non-domestic wastewater is subject to all relevant requirements of this chapter. The PWD may prohibit the disposal of any or all hauled non-domestic wastewater.

Hauled wastewater may be discharged only at locations designated by the PWD and with the prior consent of the PWD. The PWD may collect samples of each hauled load to ensure compliance with applicable standards, and halt the discharge at any point in order to take additional samples or hold the load pending analysis. The PWD may require the hauler to provide a waste analysis of any load prior to discharge, to characterize the wastewater or to certify that the wastewater does not meet the definition of a "Hazardous Waste" under Chapter 173-303 WAC.

Disposal of unauthorized hauled wastewater will not be allowed. Any unauthorized discharge will be investigated and if the source is identified, it will be charged to the full extent of the law.

Wastewater haulers must provide a waste tracking form for every load. This form shall include at least:

Name and address of the waste hauler.

Hauler permits number.

Truck and driver identification.

Names and addresses of the sources of waste.

Type of wastewater generator, volume, brief description, known characteristics and presumed constituents of waste.

Fees for dumping hauled wastewater shall be established by the PWD based on the current City Master Fee Schedule, or a fee approved by the CRCC if the hauled waste is significantly different in composition from any waste previously accepted.

(Ord. 2025-19, 12/8/2025)

§ 13.17.050 City Wastewater Discharge Approval Applications.

Industrial User Surveys. The PWD is obligated under federal law to identify all Users potentially subject to the pretreatment program, and the character and volume of pollutants discharged by such Users. To satisfy this requirement, all sources of non-domestic discharges to the POTW must, upon request of the PWD, complete an Industrial User Survey form. Users shall fully disclose the information requested and sign the completed form in accordance with Section 4.6. Proper completion of the survey 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, up to and including termination of service including water. The PWD is authorized to require the completion of the appropriate survey to obtain the information needed to categorize each User. The PWD is authorized to categorize each User, provide written notice of a User's categorization and what it means, and revise a User's categorization at any time based upon updated information or changing regulations.

Wastewater Discharge Permit Requirement.

No User categorized by the City as a SIU, PSIU shall discharge wastewater into the POTW without first obtaining a permit from WA DOE. An existing User that is determined to be a SIU, PSIU and that has filed a timely application pursuant to this chapter, may continue to discharge unless and until notified otherwise by WA DOE or the PWD.

The PWD may require any Minor Industrial User (MIU) to comply with the CWDA and/or implement BMP as necessary to carry out the purposes of this chapter. This includes PSIU designations. For example, a CWDA may be required solely for flow equalization.

Any failure to complete the required survey form, and apply for and obtain a required WA DOE permit or CWDA, or any violation of the terms and conditions of a CWDA shall be deemed violations of this chapter and subject the User to all of the penalty and enforcement actions of this chapter. Obtaining a CWDA 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 PWD, based on the determination that such devices are necessary for implementation and monitoring of pretreatment requirements, may require the User to install and maintain on their property and at their expense, devices to adequately provide acceptable samples and monitoring. The following is a partial list of what may be required:

A sample facility accessible to the PWD. This includes a refrigerated automatic flowmeter control sampler.

A suitable storage and/or flow equalization tank.

Grease, oil, and/or grit interceptors or separators.

An approved combustible gas detection meter.

Users installing any of the above devices shall ensure they are of the type and capacity approved by the PWD and the Castle Rock Building Official, meet applicable building and plumbing codes and conform to any separate requirements established by WA DOE and the PWD. Users shall locate units in areas easily accessible for cleaning and inspection by the PWD. Users shall be responsible for all periodic inspection, cleaning, and repair of such devices, and shall perform and document such activities at intervals necessary to maintain the capacities and effectiveness of such devices.

Nothing in this chapter shall supersede or waive any requirement of the City's adopted building, plumbing or sewer codes to install, maintain, and test sewer facilities and equipment, including but not limited to interceptors, separators, clean-outs and sampling manholes.

Conditional Wastewater Discharge Approval.

Existing Connections. Any User required to obtain CWDA who was discharging wastewater into the collection site and POTW prior to the effective date of implementing ordinances or resolutions adopted by the CRCC and who desires to continue such discharges shall, within sixty (60) days after notice, apply for CWDA in accordance with this chapter. All CWDA Applications will be reviewed by the PWD prior to the Approval being issued. Existing Users will be granted up to four (4) months to put in place any additional pretreatment procedures, devices or policies that may be required as part of the CWDA.

New Connections. Persons wishing to discharge non-domestic wastewater must first complete either a Survey Form (if they do not expect CWDA is needed) or a CWDA Application. Any User identified by the PWD through the Survey as needing CWDA must file in accordance with this chapter, must be filed at least ninety (90) days prior to the desired date of discharge. The application will be reviewed by the PWD prior to the Approval being issued.

Conditional Wastewater Discharge Approval Application.

All Users required to obtain CWDA must apply using the application (see Appendix A) provided by the Castle Rock Building and Planning Department or the PWD. Users must supply all information required as part of the CWDA Application unless waived by the PWD.

Users must provide any other information deemed necessary by the PWD to evaluate the situation. Incomplete or inaccurate applications will not be processed and will be returned to the User for revision. The PWD shall be held harmless for delays caused by returned applications.

Application Signatories and Certifications.

All survey forms, CWDA applications, and User reports must be signed by an authorized representative of the User and contain the certification statement in Section 13.17.070J, Reporting Requirements.

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 signed by the new authorized representative.

Conditional Wastewater Discharge Approval Decisions. After receipt of a complete CWDA application, the PWD will determine whether or not to issue CWDA. The PWD may deny any application for CWDA or require additional safeguards, reports, or information. For Users not meeting the criteria of SIU, the PWD may also waive or defer an approval, or allow discharges in the interim while the approval is being prepared.

(Ord. 2025-19, 12/8/2025)

§ 13.17.060 Conditional Wastewater Discharge Approval (CWDA).

Wastewater Discharge Approval Duration. The PWD may grant CWDA for a period of up to five (5) years from its effective date. Each CWDA will indicate its expiration date.

Wastewater Discharge Approval Contents. Wastewater Discharge will include conditions the PWD deems necessary to carry out the goals of the pretreatment program (Section 13.17.020A), federal and state regulations, and the requirements of this chapter.

CWDA Application will contain:

The approval issuance date, expiration date, and effective date;

A statement that the CWDA is nontransferable without prior notification to the PWD in accordance with subsection E of this section, and provisions for furnishing the new owner or operator with a copy of the existing CWDA;

Effluent limits, including BMP, based on applicable pretreatment standards;

The pollutants to be monitored and specific monitoring requirement. This includes the sampling location(s), sampling frequencies, and sample types consistent with federal, state, and local law. Section 13.17.030, General Sewer Requirements;

Requirements to submit certain reports (as reflected in Section 13.17.070, Reporting Requirements), provide various notifications, keep records, and implement BMP;

The process to be used to request a waiver from monitoring for a pollutant neither present nor expected to be present in the Discharge;

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;

Requirements to control slug discharges, including to develop, update, and implement slug discharge control plans where the PWD determines such plans are important to preventing accidental, unanticipated, or non-routine discharges;

Any monitoring which has been conditionally waived but which will automatically apply any time the requirements of the conditional waiver are not met; and

Reapplication requirements.

CWDA may contain, but need not be limited to, the following conditions:

Pretreatment facilities and measures required by Section 13.17.040A, Pretreatment and Discharge of Wastewater, and Section 13.17.050B, City Wastewater Discharge Approval Application;

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

Requirements to install pretreatment technology, pollution controls, or to construct appropriate containment devices to reduce, eliminate, or prevent the introduction of pollutants into the collection system and POTW;

Requirements to develop and implement waste minimization plans to reduce the concentration of pollutants discharged to the collection system and POTW;

Requirements to pay charges or fees for discharge to the POTW, including high strength charges;

Requirements to install and maintain inspection and sampling facilities and equipment, including flow measurement devices;

Notice that compliance with the CWDA 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 CWDA; and

Other conditions as deemed appropriate by the PWD to ensure compliance with this chapter, and state and federal and local laws, rules, and regulations.

Approval Appeal Process.

A User may petition the CRCC to reconsider the terms of a CWDA within thirty (30) days of notice of its issuance.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

In its petition, the appealing party must indicate the CWDA provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the CWDA.

The effectiveness of the CWDA shall not be stayed pending the appeal.

If the CRCC fails to act within sixty (60) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider CWDA, not to grant CWDA, or not to modify a CWDA shall be considered final administrative actions for purposes of judicial review.

Aggrieved parties seeking judicial review of the final administrative CWDA decision must do so by filing a complaint with the Superior Court of Cowlitz County within sixty (60) days of the final administrative action.

Conditional Wastewater Discharge Approval Modification. The PWD may modify the CWDA for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised federal, state, or local pretreatment standards or requirements including new or revised local limits;

To address new or changed operations, processes, production rates, waste streams, or changes in water volume or character;

To reflect conditions at the POTW requiring an authorized discharge to be reduced or curtailed. Such requirements may be either temporary or permanent;

Based on information indicating that a permitted discharge poses a threat to the POTW, the receiving waters, or will violate a prohibition of this chapter;

To address erroneous or incomplete information contained in the CWDA or in any required report;

To address misrepresentatives or failure to fully disclose all relevant facts in the CWDA Application or in any required report;

To incorporate revisions based on a variance from Categorical Pretreatment Standards approved pursuant to 40 CFR Part 403.13;

To correct typographical or other errors in the CWDA;

To reflect transfer of the facility ownership or operation to a new owner or operator as required under subsection E of this section.

Conditional Wastewater Discharge Approval Transfer. CWDA may be transferred to a new owner or operator contingent upon the permitted User providing at least thirty (30) days advance written notice to the PWD. The notice to the PWD must include a written certification by the new owner or operator that:

States the new owner and/or operator have no immediate intent to change the facility's operations and processes;

Identifies the specific date on which the transfer is to occur; and

Acknowledges full responsibility for complying with the existing CWDA.

Conditional Wastewater Discharge Approval Revocation with Notice. The PWD may revoke a CWDA for cause including but not limited to, when a User has:

Failed to notify the PWD of significant changes to the wastewater prior to the changed Discharge;

Failed to provide prior notification to the PWD of changed conditions pursuant to CRMC § 13.17.070;

Misrepresented or failed to fully disclose all relevant facts in the CWDA;

Falsified self-monitoring reports or tampered with monitoring equipment;

Refused to the PWD timely access to the facility premises and records;

Failed to meet effluent limitations or permit conditions;

Failed to pay applicable fines or sewer charges;

Failed to meet compliance schedule deadline dates;

Failed to complete a Wastewater Survey and/or CWDA 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 CWDA or this chapter;

12.

Ceased operations; or

13.

Transferred business ownership without proper notification to the PWD.

Revocation of the CWDA, as provided in this section, may be effected only after the approval holder has been given a written Notice of Intent to Revoke at least 30 days in advance of such revocation, and the approval holder has failed to correct the reason for revocation prior to the date of intended revocation. A Notice of Intent to Revoke shall state the reason for such revocation, shall state the date of intended revocation, and shall be delivered to the Authorized or Duly Authorized Representative of the User.

Conditional Wastewater Discharge Approval Reissuance. A User with an expiring CWDA shall apply for CWDA reissuance by submitting a complete CWDA application, in accordance with Section 13.17.050, a minimum 13.17.050, of ninety (90) days prior to the expiration of the User's existing CWDA.

(Ord. 2025-19, 12/8/2025)

§ 13.17.070 Reporting Requirements.

Compliance Schedule Progress Reports. The following conditions shall apply to compliance schedules incorporated into approval:

The schedule shall contain progress increments in the form of 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, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

No increment referred to above shall exceed nine (9) months;

The User shall submit a progress report to the PWD no later than fourteen (14) calendar 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.

Reports of Changed Conditions. Each User must notify the PWD of any significant changes to the User's operations or system, which might alter the nature, quality, or volume of its wastewater.

This notification must be made at least thirty (30) days before the desired change and be sent to the PWD. In such cases:

The PWD may require the User to submit whatever information is needed to evaluate the changed condition. The PWD may also require a new or revised CWDA Application under Section 13.17.050D.

The PWD may issue, reissue, or modify a CWDA applying the procedures of this chapter in response to a User's notice under this Section.

Reports of Potential Problems.

Any User which has any unusual discharge that could cause problems to the collection system and/or the POTW must immediately notify the PWD by telephone of the incident. 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. Such discharges may include spills, slug loads, accidental discharges, or other discharges of a non- routine, episodic nature. Problems to the POTW which require reporting under this Section include violating pretreatment prohibitions, treatment standards, or other requirements of Section 13.17.030, General Sewer Use Requirements, such as vapor toxicity and explosivity limits.

Within five (5) 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 collection system and POTW, the environment, 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.

Regardless of whether the User has been required to submit a Slug Discharge Control Plan (per Section 13.17.040C, Pretreatment and Discharge of Wastewater), all Users shall post notice in a prominent location advising employees of the names and telephone numbers to call to comply with the notification requirements of a potential problem discharge. Users shall ensure that all employees who may cause or witness such discharge are advised of the emergency notification procedures.

All Users must immediately notify the PWD of any changes at their facility which might increase their potential for a slug discharge. This includes increasing the volume of materials stored or located on site, which if discharged to Slug Discharge Control Plan under Section 13.17.040C, Pretreatment and Discharge of Wastewater), shall also modify their plans to include the new conditions prior to or immediately after making such changes.

Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a User indicates a violation, the User must notify the PWD within Twenty-four (24) hours of becoming aware of the violation. The User shall repeat the sampling and analysis and submit the results of the original and repeat analysis to the PWD within thirty (30) days after becoming aware of the violation. The PWD may waive the repeat sampling requirement where the POTW has sampled the effluent for the pollutant in question prior to the User obtaining sampling results.

Notification of Discharge of Hazardous Waste. 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:

Notify the PWD, the USEPA Regional Waste Management Division Director, and state hazardous waste authorities, 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.

Include the following information in the notification:

The name of the hazardous waste as found in 40 CFR Part 261;

The USEPA hazardous waste number;

The type of discharge (continuous, batch, or other).

If the discharge totals more than two hundred and twenty (220) pounds in any month, also provide:

The hazardous constituents contained in the wastes;

An estimate of the mass loading and concentration of hazardous constituents in the waste stream discharged during that calendar month; and

An estimate of the mass loading of constituents in the waste stream expected to be discharged during the following twelve (12) months.

This notice shall be repeated for new or increased discharges of substances subject to this reporting requirement.

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.

This requirement does not relieve the User from requirements to provide other notifications, such as of changed conditions under subsection B of this section, or required by applicable approval conditions, approval applications, and prohibitions.

The notification requirements in this section do not apply to pollutants for which routine monitoring and reporting is required by a valid approval issued under this chapter.

Users must report all discharges of more than thirty-three (33) pounds per month 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 Parts 261.30(d) and 261.33(e). Subsequent months during which the User discharges hazardous waste for which notice has already been provided do not require another notification to USEPA or the State, but must be reported to the PWD.

If new regulations under RCRA describe additional hazardous characteristics or substances as a hazardous waste, the User must provide notifications under subsection A of this section, if required by subsection B of this section, within ninety (90) days of the effective date of such regulations.

10.

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 and shall describe that program and reductions obtained through its implementation.

11.

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, approval issued hereunder, or any applicable federal or state law.

Analytical Requirements. All pollutant sampling and analyses required under this chapter shall conform to the most current version of 40 CFR Part 136, unless otherwise specified in an applicable Categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for a pollutant, or the PWD determines that the Part 136 sampling and analytical techniques are inconsistent with the goal of the sampling, the PWD may specify an analytical method. If neither case applies, Users shall use validated analytical methods or applicable sampling and analytical procedures approved by USEPA.

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 specified period.

Users must use the properly cleaned sample containers appropriate for the same analysis and sample collection and preservation protocols specified in 40 CFR Part 136 and appropriate USEPA guidance.

Users must obtain samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, volatile organic compounds, or other substances as determined by the PWD, using grab collection techniques.

For certain pollutants, Users may composite multiple grab samples taken over a 24-hour period. Users may composite grab samples for cyanide, total phenols, sulfides or other substances as determined by the PWD, either in the laboratory or in the fields, and may composite grab samples for volatile organics, and oil and grease in the laboratory prior to analysis.

For all other pollutants, Users must employ 24-hour flow-proportional composite samplers unless the PWD authorizes or requires an alternative sample collection method.

The PWD may authorize composite samples for parameters unaffected by the compositing procedures, as appropriate.

The PWD may require grab samples either in lieu of or in addition to composite sampling to show compliance with instantaneous discharge limits.

In all cases, Users must take care to ensure the samples are representative of their wastewater discharges.

Date of Receipt of Reports. The PWD will credit written reports as having been submitted on the date of the postmark or shipping date when sent via the United States Postal Service or private delivery company utilizing package tracking technology. Reports delivered in any other manner will be credited as having been submitted on the business day received.

Record Keeping. Users subject to reporting requirements of this chapter shall retain records for all monitoring required by this chapter and for any additional monitoring which could be used to satisfy minimum monitoring requirements. User must make these records available for inspection and copying at the location of the discharge. Users must similarly maintain documentation associated with any required BMP. Monitoring records shall include at least:

The time, date, and place of sampling;

The sampling and preservation methods used;

The person taking the sample, and persons with control of the sample prior to analysis;

The person performing the analysis and date the analysis was completed;

The analytical techniques or methods used; and

The results of analysis.

Users are encouraged to 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 shall maintain records demonstrating the laboratories utilized for performance of analyses have the proper accreditation to perform such analyses.

Users shall maintain the above records for a minimum of three (3) years following reporting the analyses, and thereafter until any litigation concerning the User, the PWD or the Castle Rock City Council is completed, or for a specified period of longer duration when the User has been specifically notified of a longer retention period by the PWD.

Certification Statements. The following certification statement must be signed by an authorized representative as defined by Section 13.17.020D, General Provisions, and included when submitting for approval or general application in accordance with Section 13.17.050E, Conditional Wastewater Discharge Approval:

"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, of 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. 2025-19, 12/8/2025)

§ 13.17.080 Right of Entry: Industrial User Inspection and Sampling.

As a condition of issuance of a CWDA, the business shall grant the PWD and/or its Designee the right to enter the premises of any permitted Industrial User to determine whether the User is complying with all requirements of this chapter and any CWDA or order issued hereunder. Industrial Users shall allow the PWD and/or Designee ready access to all parts of the premises for the purpose of inspection, sampling records examination and copying, and the performance of any additional duties, as a condition of retaining its CWDA.

Where an Industrial User has security measures in force which require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification, the PWD and/or Designee will be permitted to enter without delay for the purpose of performing their specific responsibilities under this chapter.

The PWD and/or Designee shall have the right to set up on the Industrial User's property or require installation of, such devices as are necessary to conduct sampling and/or metering of the User's operations.

Industrial Users shall provide full access to the PWD and/or Designee to use any monitoring facilitates and utilities available or required in accordance with Section 13.17.040A, Pretreatment and Discharge of Wastewater, and Section 13.17.050B.4 and B.6, City Wastewater Discharge Approval Application to confirm that the standards or treatment required for discharge to the POTW are being met.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the Industrial User at the written or verbal request of the PWD and shall not be replaced. The costs of clearing such access shall be done by the User.

Any unreasonable delay in allowing the PWD and/or Designee full access to the Industrial User's premises and wastewater operations shall be a violation of this chapter.

(Ord. 2025-19, 12/8/2025)

§ 13.17.090 Confidential Information.

Generally, information submitted to demonstrate compliance with pretreatment standards and requirements is subject to public review. To the extent such is consistent with state and federal laws, Users may have certain information treated as confidential if the following process is followed:

When a User submits information to the, or provides information. Users must promptly identify the specific information in writing, and describe why public release would divulge information, processes, or methods of production entitled to protection as trade secrets or confidential business information under applicable state or federal laws.

The City will withhold disclosure of confidential information for a reasonable period of time, during which time the User wanting non-disclosure will be notified and thereby have the opportunity to seek a court order relative to non-disclosure. Any damages, expenses, or costs incurred by the City in denying or resisting the disclosure of information declared to be confidential by the User shall be borne and paid by such User.

Dependent on the agency receiving the request, the PWD shall review and approve or deny such requests. When approved, the information shall not be publicized unless required by state or federal law.

All other User information submitted to or obtained by the PWD shall be available to the public subject to the City records review policy.

Information held as confidential may not be withheld from governmental agencies for uses related to the NPDES program or pretreatment program, or in enforcement proceedings involving the person finishing the report.

Federal rules prevent wastewater constituents and characteristics and other effluent data, as defined by 40 CFR Part 2.302, from being recognized as confidential information.

(Ord. 2025-19, 12/8/2025)

§ 13.17.100 Administrative Enforcement.

Notification of Violation. The PWD may serve a written Notice of Violation on any User that has violated any provision of this chapter. In all cases, each day of continued violation of a provision of this chapter is a separate violation. Users shall, in response to a Notice of Violation, provide the PWD a written explanation of the violation, its cause, and a corrective action plan within thirty (30) calendar days of receiving this notice. Users submitting plans to correct noncompliance must include the specific actions they will take to correct ongoing and prevent future violations at the earliest practicable date. Acceptance of a plan by the PWD does not relieve a User of liability for any violations. The PWD may also take emergency actions or other enforcement actions as deemed necessary to protect the collection system and/or the POTW, the environment, or the health and welfare of the general public, without first issuing a Notice of Violation. Exercise of one or more enforcement options by the City shall not be a bar to, or a prerequisite for, taking any other action against the User.

Compliance Agreement. The PWD may enter into a Compliance Agreement or other voluntary agreement to memorialize agreements with User to correct violations of any requirement of this chapter. Such agreements must include the specific action(s) required and date(s) they are to be completed to correct the noncompliance. Such documents must be constructed in a judicially enforceable manner, and have the same force and effect as administrative orders pursuant to subsections D and E of this section.

Review Hearing by the Hearings Examiner. The PWD may propose enforcement actions in response to a violation of any provisions of this chapter. The PWD will notify the User of the violation, the enforcement action, the rationale, and the User's rights to provide evidence why the proposed enforcement action should not be taken, and to provide its support for any alternative it proposes. A User shall have the right to a review hearing to contest the enforcement action. Any hearing pursuant to this Section must be requested by the User in writing within fifteen (15) business days after the User receives notice of the enforcement actions. The User's written request shall be filed with the PWD.

The hearing authorized by this Section shall be held before the Hearings Examiner. Formal rules of evidence shall not apply, but the User, PWD shall have the right to present witnesses and other evidence. The Hearings Examiner shall issue a written decision within fourteen (14) calendar days of the conclusion of the hearing.

Any User shall have the right to make an electronic or stenographic record of the proceedings. Such record shall be made at the User's expense. The CRCC may by Resolution or Policy adopt additional rules for the conduct of hearings pursuant to this Section. A review hearing shall not be a bar against, or prerequisite for, taking any other action against the User.

Compliance Orders. The Hearings Examiner may issue a Compliance Order to any User that has violated any provision of this chapter. The Compliance Order may direct that the User come into compliance within a specified time, install and properly operate adequate treatment facilities or devices, or take such other measures as the City finds necessary.

These measures may include additional self-monitoring and BMP designed to minimize the concentration of pollutants discharged to the sewer. A Compliance Order may not extend the deadline for compliance established for a pretreatment standard or requirement, or relieve a User of liability for any violation, including a continuing violation. If the User does not come into compliance within the time provided, sewer and water service may be discontinued. Issuance of a Compliance Order shall not be a bar against, or a prerequisite for, taking any other action against the User.

Cease and Desist Orders. When PWD find that a User has violated, or continues to violate, any provision of this Policy, a CWDP or Order issued hereunder, or any other pretreatment standard or requirement, or that the User's past violations are likely to recur, the PWD may issue an Order to the User directing it to cease and desist all such violations and directing the User to:

Immediately comply with all requirements; and

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a Cease and Desist Order shall not be a bar against, or a prerequisite for, taking any other action against the User.

Administrative Fines.

When the City finds that a User has violated, or continues to violate, any provisions of this chapter, a CWDA or Order issued hereunder, or any other pretreatment standard or requirement, the PWD may assess fines against such User.

Any violation of this chapter which has caused the POTW to violate its NPDES Permit may result in the Washington State Department of Ecology levying a fine against the City. In that event, the City may fine any User whose discharge has been identified for causing the permit violation an amount equal to the Washington State Department of Ecology fine imposed upon the City plus administrative costs. Such fines shall be assessed on per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

The City may add the costs of any emergency response, additional monitoring, investigation, and administrative costs related to investigating and/or enforcing the noncompliance situation, to the amount of the fine.

The City will consider the benefit gained by a User as a result of the noncompliance in cases where there appears to have been a benefit from not complying. In such cases the City shall ensure that fines, to the maximum amounts allowable, exceed the benefit to the User from the noncompliance.

Unpaid charges, fines, and penalties shall, at thirty (30) calendar days past the due date, be assessed an additional penalty of one percent (1%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1%) per month, or at the rate allowed by law if different from the foregoing. After thirty (30) calendar days, the City shall be authorized to pursue permit revocation or suspension of service for unpaid charges, fines, and penalties.

Users desiring to dispute such fines must file a written request with the City to reconsider the fine within fifteen (15) calendar days of being notified of the fine. The Hearings Examiner shall convene a hearing on the matter pursuant to subsection C of this section. In the event the User's appeal is successful, the City shall reduce or eliminate the fine as determined appropriate.

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User.

Emergency Suspensions. The PWD may order an immediate suspension of a User's discharge (or threatened discharge) when it reasonably appears to present a substantial danger to the health or welfare of persons, threatens to interfere with the operation of the collection system or the POTW, or which may present a danger to the environment.

Any User notified of a suspension of its discharge shall immediately stop or eliminate its discharge. If in voluntarily with the suspension order, the City may take such steps as deemed necessary to protect the public and its interest in the collection system and POTW. Remedies available include immediately turning off water supply, severing the sewer connection at the User's expense, turning off pump stations downstream of the User, and partnering with law enforcement. The City may not allow the User to resume its discharge until the User has demonstrated to the satisfaction of the City that the situation warranting the suspension has been properly addressed.

A User that is responsible, in whole or in part, for any discharge presenting imminent danger shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence. Users shall submit this report prior to the date of any show cause or termination hearing under subsections C and H of this section. Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency suspension under this Section.

Termination of Discharge. Any User who violates the following conditions is subject to having the privilege of discharging to the public sewer system withdrawn, including, but not limited to, blocking or severing the sewer discharge and turning off water supply:

Discharge of non-domestic wastewater without a CWDA, when a CWDA is required, including:

Where the appropriate Approval has not been requested;

Where the appropriate Approval has not yet been issued; or

Where the Approval has been denied or revoked based on the provisions of Section 13.17.060F Conditional Wastewater Discharge Approval (Approval Revocation).

Violation of CWDA terms and conditions.

Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling (whether subject to an Approval or not).

Violation of the pretreatment standards and requirements in Section 13.17.030, including failure to satisfy Industrial User Survey requirements.

(Ord. 2025-19, 12/8/2025)

§ 13.17.110 Judicial Enforcement: Injunctive Relief.

The City may seek injunctive relief when a User has violated, or continues to violate a provision of this chapter. In such cases, the City may petition the Superior Court of Cowlitz County for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the CWDA, Order, or other requirement imposed by this chapter on activities of the User. The City may also seek such other actions as is appropriate for legal and/or equitable relief, including a requirement for the User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a User.

(Ord. 2025-19, 12/8/2025)

§ 13.17.120 Supplemental Conditions.

Performance Bonds. The City may require a satisfactory Performance Bond in an amount deemed necessary to assure the User will achieve consistent compliance with this chapter. Such Bond may be required as an enforcement response or as prerequisite to issue or reissue a CWDA. This Bond may also be required of any category of User that has led to interference with the collection system and/or the POTW in the past, regardless of the compliance history of the particular User. This bond may be used to pay any fees, costs, or penalties assessed to the User whenever the User's account is in arrears for over thirty (30) calendar days. This includes the costs of cleanup if the User goes out business, sells the business to a person that does not first assume the Bond, or goes bankrupt. Users may petition to convert their Performance Bond to a requirement to provide Liability Insurance or to forego any such safeguard based on their performance, User may petition no more frequently than once in any twelve (12) month period.

Payment of Outstanding Fees and Penalties. The City may decline to issue a CWDA to any User who has failed to pay any outstanding fees, fines, or penalties incurred as a result of any provision of this chapter, a previous permit or order issued hereunder.

Public Nuisances. A violation of any provisions of this chapter or a Permit order issued hereunder, or any other pretreatment standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the PWD.

(Ord. 2025-19, 12/8/2025)

§ 13.17.130 Bypass.

For the purpose of this Section:

Bypass means the intentional diversion of waste streams from any portion of a User's treatment facility.

Severe property damage means substantial physical damage to property, damage to the treatment facilities, which causes them to become inoperable, or substantial and permanent loss of natural resources or damage to the environment, which can reasonably be expected not to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

A User may allow a bypass to occur if it does not cause pretreatment standards or requirements to be violated and is for essential maintenance to ensure efficient operation.

Any other bypass must meet the following requirements:

Users knowing in advance of the need for a bypass must submit prior notice to the PWD, at least ten (10) calendar days before the bypass wherever possible; and

Users must tell the PWD of any unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours of becoming aware of the bypass. Users must provide a written follow up report within five (5) calendar days. The PWD may waive the written report if the oral report was timely and complete. Unless waived, the written report must contain:

A description of the bypass (volume, pollutants, etc.);

What caused the bypass;

When, specifically, the bypass started and ended;

When the bypass is expected to stop (if ongoing); and

What steps the User has taken or plans to take to reduce, eliminate, and prevent the bypass from reoccurring.

Bypass is prohibited unless:

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

ii.

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods or equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass, which occurred during normal periods of equipment downtime or preventive maintenance; and

iii.

The User submitted notices as required under this subsection C.

The PWD may approve an anticipated bypass, after considering its adverse effects, if the PWD determines, that it will meet the three (3) conditions in subsection C.2.f of this section.

(Ord. 2025-19, 12/8/2025)

§ 13.17.140 Wastewater Treatment Surcharges and Permit Fees.

Excess Strength Charges. High Strength Waste: Wastewater discharges originating from industrial business activities that, when discharged to the collection system, have a concentration of total suspended solids (TSS) and/or biochemical oxygen demand (BOD) in excess of 350 mg/L, FOG in excess of 100 mg/L, ammonia greater than 44, or hydrogen sulfide that could cause damage to the City's collection system, the POTW or is a safety or health concern.

High Strength Waste Fee: A surcharge for High Strength Waste Fees shall be collected pursuant to the current Master Fee Schedule adopted by the CRCC, and remitted to prior to the end of the calendar month following collection.

Sampling:

Grab sampling will normally be used for sampling intermittent discharges that are consistent in waste strength, and when samples are to be tested for components or characteristics that are subject to significant and unavoidable change during storage (i.e. dissolved gasses, pH, temperature, etc.). Composite sampling will normally be used for sampling continuous discharges and for sampling variable strength wastewater. Composite samples will normally be collected over a 24-hour period; however, when industrial discharges occur for less than 24 hrs./day, composite samples will be taken for the duration of the waste discharge.

Sampling frequency will depend upon the nature and source of the waste discharged and its potential to adversely impact the collection system and/or the treatment plant operations and efficiencies. For discharges having a significant potential impact, daily sampling may be appropriate. For discharges with a minimal potential impact, less frequent sampling (i.e. weekly) may be appropriate.

Sampling Fees shall be collected pursuant to a resolution adopted by the CRCC.

Conditional Wastewater Discharge Approval Fees. Annual CWDA fees shall be levied on each Industrial User (IU) subject to the CWDA. Each User requiring a CWDA will be evaluated by the PWD where the User discharges and subsequently placed in the appropriate category. Pretreatment Approval Fees are established by the Master Fee Schedule adopted by the CRCC. The CRCC may adopt additional fees to recover the costs of implementing this chapter and operating the Pretreatment Programs which may include:

Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a User's discharge, and reviewing monitoring reports submitted by Users;

Fees for reviewing and responding to accidental discharge procedures and construction;

Fees for filing appeals;

Fees to recover administrative and legal costs associated with enforcement activity taken to address User noncompliance; and

Other fees as necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties imposed by the CRCC.

(Ord. 2025-19, 12/8/2025)

§ 13.17.150 Miscellaneous Provisions.

Conflict. All other previously issued Policies and parts of other Policies inconsistent or conflicting with any part of this chapter are hereby repealed to the extent of such inconsistency or conflict.

(Ord. 2025-19, 12/8/2025)