Chapter 7.102 WASTEWATER PRETREATMENT – MISCELLANEOUS PROVISIONS

Chapter 7.102
WASTEWATER PRETREATMENT – MISCELLANEOUS PROVISIONS

Sections:

7.102.010 Pretreatment charges and fees.

7.102.020 Severability.

7.102.030 Conflicts.

7.102.040 Nonliability.

7.102.050 Savings.

7.102.010 Pretreatment charges and fees.

A. General Charges and Fees.

1. The following fees relate solely to the matters covered by Chapters 7.90 through 7.102 ECC and are separate from all other rates or charges for sewer service; provided, that the city shall collect said charges in the same manner as other sewer utility rates are collected, including, but not limited to, the sewer lien procedures provided under Chapter 35.67 RCW. A fee schedule containing all applicable charges shall be maintained on file at the city clerk's office.

2. Fees shall correspond to the actual amount of expense incurred by the city, and may include:

a. Fees for monitoring, inspection, surveillance and enforcement procedures including the cost of collection and analyzing a user's discharge;

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

c. Fees for preparing and executing enforcement action;

d. Fees for filing appeals;

e. Fees for high strength waste and industrial process flow; and

f. Other fees as the city may deem necessary to carry out the requirements contained herein.

3. All fees or charges will be collected by direct billing. Unless the director has been made aware of extenuating circumstances that would prevent prompt payment, all fees are payable within 30 days of the billing. Fees past due will be considered a violation of Chapters 7.90 through 7.102 ECC. Users not paying fees within 60 days of the billing period will be subject to termination of service. The director may change existing or adopt new fees.

B. High Strength Waste Surcharge.

1. Monthly Fee for BOD and Suspended Solids. Rates for strength of industrial wastewater from high strength users are established for each pound of BOD and suspended solids as authorized by ECC 7.91.060.

2. Sampling of Industrial Wastewater. The samples taken shall be 24-hour composite samples, obtained through flow-proportioned composite samples, where feasible. Charges shall apply as specified in subsection (B)(3) of this section, as determined on the basis of at least one 24-hour flow proportioned or timed sample analysis to be obtained twice per month and such analyses averaged for each month; provided, a new average for strength of industrial wastewater may be computed, regardless of previous averages, when changes in preliminary treatment or industrial process changes have been made which are expected to significantly change the average strength of wastes.

3. Surcharge Fee. Users having effluent concentrations of BOD and/or TSS in excess of 250 mg/L will be billed a high strength waste surcharge fee. The surcharge rate is $0.158736 per pound of BOD or TSS. The director may establish new rates based upon the cost of conveyance and treatment in the POTW.

C. Industrial Flow Surcharge. An industrial flow surcharge will be billed to significant industrial users and categorical users (and may be billed to other users where deemed appropriate by the director). This charge is based upon measured volume of total sewage or metered water consumption, as determined by the director. The surcharge rate is $0.19 per 1,000 gallons industrial wastewater flow. The director may establish new rates based upon the cost of conveyance and treatment in the POTW.

D. Billing. Sewer use service charges under this chapter shall be billed monthly by the city director of finance. The amount of the charge will be determined by the director at the end of each month and will be submitted to the city director of finance after sufficient time has been given for laboratory analysis of all sewage samples and/or computations. Charges will be computed and billed based on records of flow from the previous month and mean waste strengths as determined in subsections (B) and (C) of this section. The director may check sewage strength as outlined in this chapter and adjust charges where applicable at any time in accordance with all the provisions of this chapter. [Ord. 3487 § 9, 2004; Ord. 3401 § 13, 2002].

7.102.020 Severability.

Should any chapter, subchapter, paragraph, sentence, clause or phrase of Chapters 7.90 through 7.102 ECC or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of Chapters 7.90 through 7.102 ECC or its application to any other person or situation. The city council of the city of Edmonds hereby declares that it would have adopted Chapters 7.90 through 7.102 ECC and each chapter, subchapter, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more chapters, subchapters, clauses, phrases or portions be declared invalid or unconstitutional. [Ord. 3401 § 13, 2002].

7.102.030 Conflicts.

In the event of any inconsistency between the provisions of Chapters 7.90 through 7.102 ECC and any other city regulation, the provisions of Chapters 7.90 through 7.102 ECC shall govern to the extent of such inconsistency. [Ord. 3401 § 13, 2002].

7.102.040 Nonliability.

It is the specific intent of Chapters 7.90 through 7.102 ECC to place the obligation of complying with these regulations upon the applicant or user and no provision nor any term used in Chapters 7.90 through 7.102 ECC is intended to impose any duty whatsoever upon the city or any of its officers, employees or agents, except as provided under the Act or other related statutes of the United States or the State of Washington.

Nothing contained in Chapters 7.90 through 7.102 ECC is intended to be nor shall be construed to create or form the basis for any tort liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from the failure of an applicant or user to comply with the provisions of Chapters 7.90 through 7.102 ECC, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of Chapters 7.90 through 7.102 ECC, or inaction on the part of the city related in any manner to the implementation or the enforcement of Chapters 7.90 through 7.102 ECC by its officers, employees or agents. [Ord. 3401 § 13, 2002].

7.102.050 Savings.

The enactments of Chapters 7.90 through 7.102 ECC shall not affect any case, proceeding, appeal or other matter currently pending in any court or in any way modify any right or liability, civil or criminal, which may be in existence on July 15, 2002. [Ord. 3401 § 13, 2002].