Title 14
SEWERS*

Chapters:

14.04 General Provisions

14.06 Definitions

14.08 Repealed

14.12 Use

14.16 Building Sewers and Connections

14.20 Repealed and Recodified

14.24 Repealed and Recodified

14.28 Repealed

14.32 Repealed and Recodified

14.36 Repealed

14.40 Charges

14.44 Private Sewers

14.48 Areas Outside City

14.50 Connections to Extended Lines

14.60 Wastewater Pretreatment

*For provisions regarding sewer fund, see Chapter 3.20 LMC; sewer department, see Chapter 2.40 LMC; building regulations, see LMC Title 16; plumbing, see LMC Title 15; Municipal Water and Sewer Facilities Act generally, see Chapter 35.91 RCW; power to regulate, manage and control sewage systems, see RCW 36.67.020 and 35.21.210.

Chapter 14.04
GENERAL PROVISIONS

Sections:

14.04.005 Statement of purpose.

14.04.010 Penalties for violation.

14.04.020 Civil liability for reimbursement.

14.04.030 Notice of violation to be given.

14.04.040 Severability.

14.04.005 Statement of purpose.

This title has as its purpose the protection of public health and safety by controlling the quality of wastewater discharged to the wastewater collection and wastewater treatment system. Pollution control shall be implemented through regulation and control of the quantity and quality of industrial or commercial wastes admitted or discharged which shall enable the city to comply with all applicable state and federal laws required by the Federal Clean Water Act of 1977, the General Pretreatment Regulations (40 CFR 403) and any subsequent amendments thereto. The objectives of this title are to:

A. Protect the health, safety and welfare of the POTW and its personnel and the general public;

B. Avoid or abate public nuisances;

C. Make provisions for the collection and treatment of all wastewater generated by domestic and nondomestic sources under the jurisdiction of the city;

D. Protect the city’s wastewater collection and treatment system from pollutants which may interfere with the operation of the system or contaminate the sludges or other waste products generated as a result of operating the system;

E. Prevent pollutants from entering the wastewater treatment and collection system which could pass through the system, inadequately treated, into the receiving waters;

F. Generate sufficient revenues to operate, maintain, repair, improve and construct the wastewater collection and treatment system. (Ord. 2045 § 6, 1995; Ord. 1706, 1989)

14.04.010 Penalties for violation.

Any person willfully violating any provision of this title, except Chapter 14.60 LMC, is guilty of a misdemeanor, and on conviction thereof shall be punished by a fine in any sum not exceeding $1,000, or by imprisonment in the city jail for a period not exceeding 90 days, or by both such fine and imprisonment. Each day’s violation of the provisions of this title may be deemed a separate offense. (Ord. 1706, 1989; Ord. 781 § 1, 1975; Ord. 147 § 19.01, 1963)

14.04.020 Civil liability for reimbursement.

Any person who violates any provision of this title shall be liable to the city of Lynnwood for any expense, loss, damage, cost of inspection, or cost of correction incurred by the city by reason of such violation including any cost to the city incurred in collecting from such person the loss, damage, expense, cost of inspection, or cost of correction. (Ord. 147 § 19.02, 1963)

14.04.030 Notice of violation to be given.

Any person found to be violating any provision of this title shall be served by the city of Lynnwood with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and make all necessary corrections. (Ord. 147 § 19.03, 1963)

14.04.040 Severability.

The invalidity of any article, section, subsection, clause, or portion thereof, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this title or the validity of its application to other persons or circumstances. (Ord. 147 § 20.01, 1963)

Chapter 14.06
DEFINITIONS

Sections:

14.06.000 Definitions.

14.06.010 “A.”

14.06.020 “B.”

14.06.030 “C.”

14.06.040 “D.”

14.06.050 “E.”

14.06.060 “F.”

14.06.070 “G.”

14.06.080 “H.”

14.06.090 “I.”

14.06.120 “L.”

14.06.130 “M.”

14.06.140 “N.”

14.06.160 “P.”

14.06.190 “S.”

14.06.200 “T.”

14.06.210 “U.”

14.06.220 “V.”

14.06.230 “W.”

14.06.000 Definitions.

Terms used in this title shall have the meaning given to them in this chapter except where otherwise defined, and unless where used the context thereof shall clearly indicate to the contrary. Words and phrases used herein in the past, present or future tense shall include the past, present and future tenses; words and phrases used herein in the masculine, feminine or neuter gender shall include the masculine, feminine and neuter genders; and words and phrases used herein in the singular or plural shall include the singular and plural; unless the context shall indicate to the contrary. (Ord. 1706, 1989)

14.06.010 “A.”

“Act” (also “Clean Water Act”) means the Federal Water Pollution Control Act, Law 92-500, as amended.

“Administrative authority” means the mayor, executive administrative assistant, director of public works, sewer inspector, or any other person acting under the authority of the administrative authority.

“ASPP” means accidental spill prevention plan.

“Authorized representative of discharger” means:

A. A principal executive officer of at least the level of vice president, if the discharger is a corporation;

B. A general partner or proprietor if the discharger is a partnership or proprietorship, respectively;

C. A duly authorized representative of the above designated individual, if such representative is responsible for the overall operation of the facilities from which the wastewater discharge originates. (Ord. 1706, 1989)

14.06.020 “B.”

“BOD” (denoting “biochemical oxygen demand”) means the quantity of oxygen utilized in the biological oxidation of organic matter under standard laboratory procedures (as described in the American Public Health Association Publication, Standard Methods for the Examination of Water and Wastewaters, current edition, or Guidelines Establishing Test Procedures for the Analysis of Pollutants, contained in 40 CFR 136) in five days at temperature of 20 degrees centigrade, expressed in milligrams per liter.

“Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.

“Building sewer” (also “side sewer”) means the extension from the building drain, beginning two feet outside the foundation wall to the public sewer or other place of disposal.

“Bypass” means the intentional diversion of waste streams from any portion of an industrial user’s treatment facility. (Ord. 1831 § 1, 1991; Ord. 1706, 1989)

14.06.030 “C.”*

“Categorical pretreatment standard” means any standard or limitation for a pollutant which has been assigned in accordance with the requirements of the “General Pretreatment Regulations for New and Existing Sources of Pollution,” 40 CFR part 403, et seq.

“City” means the city of Lynnwood.

“COD” (denoting “chemical oxygen demand”) means a measure of oxygen consuming capacity of organic or inorganic matter present in water or wastewater expressed in milligrams per liter, for a chemical oxidant in a specific laboratory procedure.

“Commercial and industrial users” means all users other than single-family and multifamily and includes mobile homes in a mobile home park.

“Commercial establishment” means a building or portion thereof used in a trade, business or profession, including a building or portion thereof not included within the meaning of terms single- and multiple-family dwelling units, but excluding industrial establishments.

“Compatible pollutants” means biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the POTW’s NPDES permit if the POTW is designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. The term “substantial degree” is not subject to precise definition, but generally contemplates removals in the order of 80 percent or greater. Examples of the additional pollutants which may be considered compatible include:

A. COD;

B. Total organic carbon;

C. Phosphorous and phosphorous compounds;

D. Nitrogen and nitrogen compounds;

E. Fats, oils and greases (FOG) of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the POTW).

“Composite sample” means a representative flow-proportioned or time-proportioned sample collected during normal hours of business over a period representative of process discharge to the POTW sewer. A composite sample shall be composed of a minimum of eight individual samples. (Ord. 2609 § 1, 2006; Ord. 2572 § 3, 2005; Ord. 2070 § 1, 1996; Ord. 1706, 1989)

*Code reviser’s note: Ord. 2572 provides, in Section 5, as amended by Ordinance 2609, that its amendments shall expire December 31, 2006, and the definitions shall revert back to the language existing prior to its adoption. An analysis and review of water and sewer rates for mobile home parks will be scheduled prior to December 31, 2006.

14.06.040 “D.”

“Director” means the director of the public works department of the city of Lynnwood or designee.

“Discharger” means any person who discharges or causes the discharge of wastewater into the POTW sewer system.

“Domestic wastes” means the liquid and water borne wastes derived from the ordinary living processes, free from industrial wastes, and of such character as to permit satisfactory disposal, without special treatment, into the POTW or by means of a private sewage disposal system. (Ord. 1706, 1989)

14.06.050 “E.”

“Excessive maintenance” means any maintenance required beyond normal sewer utilities maintenance schedules for any portion of the sanitary sewer lines. Normal maintenance is considered to be cleaning or jetting once every two years. (Ord. 1706, 1989)

14.06.060 “F.”

“F.O.G.” means fats, oils and greases which includes either nonpolar F.O.G. or polar F.O.G.:

A. “Nonpolar F.O.G.” means fats, oils and grease of petroleum oil, nonbiodegradable cutting oil or mineral products of mineral oil origin whether or not emulsified.

B. “Polar F.O.G.” means fats, oils and greases of animal or vegetable origin; or any substances which may solidify or become discernibly viscous at temperatures above zero degrees centigrade (32 degrees Fahrenheit).

“Food waste” means properly shredded garbage. (Ord. 2031 § 1, 1995; Ord. 1706, 1989)

14.06.070 “G.”

“Garbage” means all putrescible wastes, except sewage and body wastes and all such substances from all public, private establishments, and from residences.

“Grab sample” means an instantaneous dip sample taken from a waste stream without consideration for flow or time. (Ord. 1706, 1989)

14.06.080 “H.”

“Holding tank sewage” means any wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, sealed vaults, and vacuum-pump tanked trucks. (Ord. 1706, 1989)

14.06.090 “I.”

“Industrial establishment or industrial concern” means a building or portion thereof used for the production of articles from raw or prepared materials by giving the materials new forms, qualities, properties, or combinations whether by hand labor or machines.

“Industrial user” means any nondomestic source of wastewater discharge, regulated under Section 307(b) or (c) of the Act, that introduces pollutants into the POTW.

“Industrial waste” means the water-carried wastes from industrial manufacturing or industrial processing as distinct from sanitary sewage. It includes the trade wastes produced by, but not limited to, food processing and bottling plants, food manufacturing plants, slaughtering plants, tallow works, plating works, disposal services, industrial cleaning plants, fertilizer plants, car and truck washing operations, laundries, cooling plants, chemical plants, chemical treatment installations, industrial manufacturing, and automotive service and repair.

“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

B. Which is the cause of a violation of any requirement of the city’s NPDES permit (including an increase in the magnitude or duration of a violation) or contributes to the city’s inability to dispose of or use to maximum benefit the sludge recovered from the treatment process because of its violation of Section 405 of the Act or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource and Recovery Act (RCRA)), the Clean Air Act, the Marine Protection Research and Sanctuaries Act, the Toxic Substances Control Act or more stringent county, state or federal criteria applicable to the method of disposal or use of sludge employed by the wastewater utility. (Ord. 1706, 1989)

14.06.120 “L.”

“Limited permit” means a document issued to a discharger in accordance with the terms and provisions of this title stipulating requirements and limitations on wastewater discharges to the POTW sewer system. (Ord. 1706, 1989)

14.06.130 “M.”*

“Mass limit” or “mass loading” means the total number of pounds of a pollutant allowed to be discharged during a specified time period. It shall be calculated using the following formula:

pounds/day = conc. in mg/L x gal./day discharge 1,000,000 x 8.34

“Minor violation” means any pollutant concentrations or mass loadings in excess of the effluent limitations allowed by LMC 14.60.318, or by a discharge permit issued under this chapter which are:

A. Less than 1.2 times the average concentration or mass loading allowed by the provisions of this title or any discharge permit issued hereunder; or

B. Less than 2.5 times the maximum concentration or mass loading allowed by the provisions of this chapter or any discharge permit issued hereunder.

“Multifamily user” means a residential building designed for two or more families, or for more than five unrelated persons. It includes duplexes, triplexes, fourplexes, apartment buildings, dormitories, boarding houses and rooming houses. (Ord. 2609 § 1, 2006; Ord. 2572 § 4, 2005; Ord. 2070 § 2, 1996; Ord. 1706, 1989)

*Code reviser’s note: Ord. 2572 provides, in Section 5, as amended by Ordinance 2609, that its amendments shall expire December 31, 2006, and the definitions shall revert back to the language existing prior to its adoption. An analysis and review of water and sewer rates for mobile home parks will be scheduled prior to December 31, 2006.

14.06.140 “N.”

“National Categorical Pretreatment Standard.” See “Categorical pretreatment standard.”

“Natural outlet” means any outlet into a watercourse, pond, ditch, or other body of water.

“New source” has the same meaning as set forth in Section 403.3(k) of the Code of Federal Regulations, as now existing or hereafter amended, one copy of which shall be on file with the city clerk, and which is adopted by this reference.

“Noncontact cooling water” means the water discharged from any use such as air conditioning, cooling, refrigeration or any thermal heat exchange process to which the only pollutant added is heat.

“NPDES permit” (denoting national pollution discharge elimination system permit) means a permit issued pursuant to Section 402 of the Clean Water Act. (Ord. 1831 § 2, 1991)

14.06.160 “P.”

“Pass-through” means a discharge which exits the POTW into waters of the state of Washington in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is the cause of a violation of any requirement of water quality standards or bottom sediments quality standards of the state of Washington or of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).

“Person” means any individual, partnership, proprietorship, firm, company, corporation, association, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents or assigns. For the purposes of this chapter, the masculine gender shall be construed as including the feminine and references to the singular shall include the plural where indicated by the context.

“pH” is a measure of the acidic or basic properties of a substance and is defined as the logarithm, to the base 10, of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.

“Pollutant” means dredged spoil, solid waste, incinerator residue, sewage, garbage, sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

“POTW” (denoting “publicly owned treatment works”) means treatment works as defined by Section 212 of the Act which is owned by any of the political subdivisions of the state of Washington having statutory authority to collect and treat wastewater to the POTW treatment facilities, except building or lateral sewers. For the purposes of this title, “POTW” shall also include any sewers that convey wastewater to the POTW from persons outside the city boundaries who are by contract or agreement with the POTW actually users of the POTW treatment facilities.

“Premises” means a continuous tract of land, building, or group of adjacent buildings under a single control with respect to use of sewer and responsibility for payment therefor. Subdivision of such use or responsibility shall constitute a division into separate premises as here defined.

“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to discharge of such pollutants into the POTW sewer system. The reduction or alteration of pollutants can be obtained by physical, chemical or biological processes, except as prohibited by 40 CFR 403.6(d).

“Properly shredded garbage” means the solid wastes from the preparation, cooking and dispensing of food that have been shredded so that 100 percent will pass a three-eighths-inch sieve and 75 percent will pass a one-quarter-inch sieve.

“Public sewer system” (also “POTW sewer system”) means the sewer pipes, chambers, structures and appurtenances in publicly owned land or easements in which all owners of abutting property have equal rights and which are controlled by the city of Lynnwood. (Ord. 1706, 1989)

14.06.190 “S.”

“Sanitary sewage” means the water-carried wastes from residences, hotels, restaurants, eating houses, or from business establishments or premises engaged solely in the sale, storage or repair of goods, wares or merchandise, and which contains properly shredded garbage, human wastes or animal wastes.

“Sanitary sewer” means the pipe or conduit system used for the collection and transportation of sewage and into which storm, surface and groundwater are not intentionally admitted, except as herein provided.

“Sanitary Sewer System.” See “POTW.”

“Septage” means the solid and liquid wastes from septic tanks, vault toilets, portable toilets or similar facilities.

“Service lateral” means that portion of the public sewer line running from the sewer main to the property line.

“Sewage” means wastewater.

“Shall/May.” “Shall” is mandatory. “May” is permissive.

“Side Sewer.” See “Building sewer.”

“Significant industrial user” has the same meaning as set forth in 40 CFR § 403.3(t), as now existing or hereafter amended, one copy of which shall be on file with the finance director, and which is adopted by this reference.

“Significant violation” has the same meaning as “significant noncompliance,” as set forth in 40 CFR § 403.8(f)(2)(vii), as now existing or hereafter amended, one copy of which shall be on file with the finance director, and which is adopted by this reference.

“Single-family user” means all users living in a dwelling unit that is occupied by one family or by not more than five unrelated persons. It includes detached single-family residences, and zero-lot line buildings wherein the building is on a separate fee simple lot and used for residential purposes.

“Slug” or “slugload” means any pollutant (including BOD) released in a discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibitions of the title, any permit, or federal pretreatment regulations.

“Spill” means any non-intentional discharge which enters the POTW.

“Standard industrial classification” (or “SIC”) means a classification pursuant to the most recent edition of the “Standard Industrial Classification Manual,” issued by the Executive Office of the President, Office of Management and Budget.

“State” means the state of Washington.

“Storm sewer” means a pipe system or conduit which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. (Ord. 2070 § 3, 1996; Ord. 1831 §§ 3, 4 & 5, 1991; Ord. 1706, 1989)

14.06.200 “T.”

“TSS” (denoting “total suspended solids”) means total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtration as prescribed by standardized methods and referred to as nonfilterable residue. (Ord. 1706, 1989)

14.06.210 “U.”

“Uniform Plumbing Code” means the current edition of same which is accepted by the city of Lynnwood.

“Unpolluted water” means water of quality equal to or better than the NPDES permit effluent criteria in effect or water that would not cause a violation of water quality standards if discharged untreated.

“Upset” means an exceptional incident in which there is an unintentional and temporary noncompliance with pretreatment standards and/or with requirements of this title because of factors beyond the reasonable control of the discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, careless or improper operation or spills.

“User” means any person who contributes, causes or allows the discharge of sewage or industrial wastewater into the POTW sewer system. (Ord. 1706, 1989)

14.06.220 “V.”

“Violation.” See “Minor violation” or “Significant violation.” (Ord. 1706, 1989)

14.06.230 “W.”

“Wastewater” (also “sewage”) means the water-carried and liquid wastes from dwellings, commercial buildings, institutions and industrial facilities, or other property discharged to the POTW sewer system together with any groundwater, surface water and storm water that may be present.

“Wastewater discharge permit” or “permit” means the document issued to an industrial user in accordance with the terms and provisions of this chapter stipulating requirements and limitations on wastewater discharges to the POTW sewer system.

“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 1706, 1989)

Chapter 14.08
(Repealed by Ord. 1706)

Chapter 14.12
USE

Sections:

14.12.010 Repealed.

14.12.015 Waste disposal.

14.12.020 Repealed.

14.12.030 Privies, cesspools, septic tanks prohibited.

14.12.040 Repealed.

14.12.042 Connection to public system required.

14.12.043 Authority to compel connection.

14.12.045 Service of notice to connect.

14.12.050 Prohibited use of sanitary sewer.

14.12.060 Discharging unpolluted waters.

14.12.070 Repealed.

14.12.010 Repealed.

Repealed by Ord. 1706.

14.12.015 Waste disposal.

Unless otherwise provided for, all domestic and industrial wastewater shall be discharged to the POTW. (Ord. 1945 § 3, 1993; Ord. 1706, 1989)

14.12.020 Repealed.

Repealed by Ord. 1706.

14.12.030 Privies, cesspools, septic tanks prohibited.

Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. 147 § 3.03, 1963)

14.12.040 Repealed.

Repealed by Ord. 1706.

14.12.042 Connection to public system required.

Every residence, apartment house, motel, hotel, factory, store, commercial establishment, or other building in which plumbing fixtures have been or are to be placed shall be required to connect with the municipal sanitary sewerage system within 90 days of written notice from the city whenever the Snohomish County Board of Health determines that a failing on-site wastewater system threatens public health or, for any public sewer installed after March 1, 2007, within 90 days after written notice that sewer service is available to said building; and provided, that any such building or part of building, or any exterior drainage facility, is within 200 feet of a public sewer. (Ord. 2665 § 2, 2007; Ord. 1706 § 14.90.910, 1989; Ord. 127 § 4, 1962)

14.12.043 Authority to compel connection.

The administrative authority is empowered to compel a connection to the public sewer when such connection is authorized by this chapter. (Ord. 2665 § 3, 2007; Ord. 1706, 1989; Ord. 127 § 5, 1962)

14.12.045 Service of notice to connect.

Prior to completion of construction of the sanitary sewage system, whenever any land, building or premises is required to be connected with the public sewer as provided in this chapter, the administrative authority shall serve upon the owner of record of said land, building or premises a notice in writing specifying the time within which such connection must be made, which time shall not be more than 90 days from the date of delivery of such notice. Service of such notice shall be deemed sufficient if mailed to the owner of record. (Ord. 1706 § 14.90.910, 1989; Ord. 781 § 21, 1975; Ord. 127 § 6, 1962)

14.12.050 Prohibited use of sanitary sewer.

No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or untreated industrial process waters into any sanitary sewer. (Ord. 781 § 8, 1975)

14.12.060 Discharging unpolluted waters.

Storm, surface, ground waters, or any other unpolluted drainage shall be discharged only into such sewers as are specifically designated as storm sewers or to a natural outlet approved by the director of public works. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the director of public works, to a storm sewer or natural outlet. (Ord. 781 §§ 2, 10, 1975; Ord. 147 § 9.02, 1963)

14.12.070 Repealed.

Repealed by Ord. 1706.

Chapter 14.16
BUILDING SEWERS AND CONNECTIONS

Sections:

14.16.010 Tampering with sewers prohibited without permit.

14.16.015 Ownership of laterals and side sewers.

14.16.020 Repealed.

14.16.022 Permit for installation.

14.16.024 Sewer main installation permit required.

14.16.030 Repealed.

14.16.032 Side sewer for adjoining properties.

14.16.040 Costs to be borne by owners.

14.16.050 Separate sewers required – Exception.

14.16.060 Existing sewers must conform.

14.16.065 Standards for installation – Restoration of streets.

14.16.070 Repealed.

14.16.110 Size and slope.

14.16.120 Location – Direction of flow.

14.16.130 Backwater valve.

14.16.135 Repealed.

14.16.140 Artificial lifts.

14.16.150 Inspection required – When to be made.

14.16.160 Types of connections permitted.

14.16.170 Control manholes.

14.16.180 Payment of connection charges.

14.16.200 Failure to pay connection charges.

14.16.210 Discontinuance of water service authorized.

14.16.220 Sewer capping – Permit required.

14.16.010 Tampering with sewers prohibited without permit.

No person not a city employee shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit or permits from the public works department. Said permit or permits should be posted in a conspicuous place on the property during performance of work and may not be removed until work is approved by the city. (Ord. 781 § 12, 1975; Ord. 147 § 5.01, 1963)

14.16.015 Ownership of laterals and side sewers.

All service lateral sewers shall be deemed the property of the city, and the city shall be responsible for the maintenance of the same. All side sewers shall be the property of the property owner, and shall be maintained by him at his sole expense. (Ord. 1706 § 14.90.910, 1989; Ord. 127 § 11, 1962)

14.16.020 Repealed.

Repealed by Ord. 1706.

14.16.022 Permit for installation.

A permit for the installation of a side sewer shall be obtained from the director. If a service lateral is not available at the property line, the owner shall install at his own expense a service lateral. A permit shall be obtained from the director for such service lateral. Application for said permits shall be made upon forms supplied by the city in such detail as may be required by the director, and shall be processed by the department of public works as required by LMC 2.44.040. The permit card issued must be posted in some conspicuous place at or near the site of the work at all times during the performance of the work and until completion and approval of the work by the director. No permit shall be issued until the connection charge set forth in Chapter 14.50 LMC has been paid to the city. (Ord. 2241 § 13, 1999; Ord. 2076 § 12, 1996; Ord. 1706, 1989)

14.16.024 Sewer main installation permit required.

New development may necessitate the installation of new sewer mains. The developer shall apply for a sewer main installation permit. The sewer main installation permit application shall be submitted to the department of public works for processing as required by LMC 2.44.040. (Ord. 2076 § 13, 1996)

14.16.030 Repealed.

Repealed by Ord. 1706.

14.16.032 Side sewer for adjoining properties.

Upon approval of the director, two or more adjoining property owners may agree to service their respective lands through one side sewer. In such event there shall be a permit fee as shown in Chapter 3.104 LMC. A joint easement of the property owners sharing a common line side sewer shall be filed with the Snohomish County auditor’s office, and proof of the recorded easement shall be presented to the city prior to issuance of a permit for connection to the POTW. (Ord. 2656 §§ 1, 2, 2006; Ord. 1706, 1989)

14.16.040 Costs to be borne by owners.

All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner or applicant of the premises in question shall indemnify the city against any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 147 § 5.04, 1963)

14.16.050 Separate sewers required – Exception.

The building sewer of each new building and of new work installed in any existing building shall be separate and independent from that of any other building and when available, every building shall have an independent connection with a public or private sewer.

Exception: where one building stands in the rear of another building on an interior lot, and no private sewer is available or can be constructed to the rear building through an adjoining court, yard or driveway, the building sewer from the front building may be extended to the rear building. (Ord. 781 § 15, 1975; Ord. 147 § 5.05, 1963)

14.16.060 Existing sewers must conform.

Existing building sewers may be used in connection with new buildings or new plumbing only when they are found on examination and/or test to conform in all respects to the requirements governing new work, and the proper administrative authority shall notify the owner to make any changes necessary. (Ord. 781 § 16, 1975)

14.16.065 Standards for installation – Restoration of streets.

All excavations for building sewer or service lateral installation shall be guarded with barricades and lights as are reasonably adequate to protect the public from accident and injury. Streets, sidewalks, parkways and other public property disturbed, in the course of work, shall be restored in a manner satisfactory to the director. Standards for installation of side sewer and service laterals shall be those set forth in the Uniform Plumbing Code adopted by the city, the WSDOT and APWA Standard Specifications for Roads, Bridge and Municipal Construction, current edition or such other regulations as the city council may from time-to-time adopt. (Ord. 1706, 1989)

14.16.070 Repealed.

Repealed by Ord. 1706.

14.16.110 Size and slope.

The size and slope of the building sewer shall be subject to the approval of the director. In no event shall the diameter be less than four inches. The slope of such four-inch pipe shall be not less than one-quarter inch per foot as approved by the director. (Ord. 1706, 1989; Ord. 781 § 27, 1975; Ord. 147 § 6.02, 1963)

14.16.120 Location – Direction of flow.

Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within 24 inches of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost or freezing. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings. (Ord. 1706 § 14.90.910, 1989; Ord. 147 § 6.03, 1963)

14.16.130 Backwater valve.

An approved backwater valve shall be installed in the building sewer of any newly constructed, or remodeled nonresidential and multifamily residential building and in any newly constructed single-family residential building in an accessible location. An approved clean-out must be included and located between the backwater valve and the sewer main. The director is authorized to adopt regulations on approved backwater valves, clean-outs, location and installation. (Ord. 2031 § 2, 1995; Ord. 1706 § 14.90.910, 1989; Ord. 147 § 6.04, 1963)

14.16.135 Authority to require backwater installation to existing building.

Repealed by Ord. 2031.

14.16.140 Artificial lifts.

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such a drain shall be lifted by artificial means approved by the director of public works and discharged into the building sewer. (Ord. 1706 § 14.90.910, 1989; Ord. 781 § 2, 1975; Ord. 147 § 6.05, 1963)

14.16.150 Inspection required – When to be made.

The applicant for the building sewer permit shall notify the director of public works when the building sewer is ready for inspection. The building sewer shall be inspected and certified by the public works department before the pipe is covered. (Ord. 1706 § 14.90.910, 1989; Ord. 781 § 29, 1975; Ord. 147 § 7.01, 1963)

14.16.160 Types of connections permitted.

Connecting building sewer to public sewer shall be made at the wye branch if such branch is available at a suitable location. Where a tee or wye branch is not available, the city shall provide a connection point at the main at the owner’s expense. (Ord. 1706 § 14.90.910, 1989; Ord. 781 § 30, 1975; Ord. 147 § 7.02, 1963)

14.16.170 Control manholes.

When required by the director of public works, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the director of public works. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 1706 § 14.90.910, 1989; Ord. 781 § 2, 1975; Ord. 147 § 12.01, 1963)

14.16.180 Payment of connection charges.

The owner or occupant of every dwelling or other building required to be connected to the municipal sanitary sewerage system by the provisions of this chapter shall pay to the utility department a connection charge as set forth in Chapter 14.50 LMC. (Ord. 1706 § 14.90.910, 1989; Ord. 781 § 23, 1975; Ord. 660 § 2, 1972; Ord. 183, 1963; Ord. 141, 1962; Ord. 127 § 9, 1962)

14.16.200 Failure to pay connection charges.

If any owner, agent or occupant fails or neglects to pay the connection charges provided in this title when due, the same shall be deemed to be delinquent, and subject to a penalty charge in the amount of six percent thereof. The entire amount, including penalties, shall draw interest at the rate of seven percent per year from the date of delinquency until paid. Any such total charge, inclusive of penalties and interest, shall constitute a lien upon the premises, which lien shall be enforced in the manner prescribed by the laws of state of Washington. (Ord. 1706 § 14.90.910, 1989; Ord. 781 § 24, 1975; Ord. 127 § 10, 1962)

14.16.210 Discontinuance of water service authorized.

Whenever the owner or occupant of any premises restrains authorized city employees from having necessary access to such premises, water service may be discontinued. (Ord. 1706 § 14.90.910, 1989; Ord. 147 § 13.03, 1963)

14.16.220 Sewer capping – Permit required.

An owner may request that a side sewer that is no longer needed to serve a building be capped. The owner shall apply for a sewer capping permit. The sewer capping permit application shall be submitted to the department of public works for processing as required by LMC 2.44.040. Sewer capping fees shall be as shown in Chapter 3.104 LMC. (Ord. 2656 §§ 1, 2, 2006; Ord. 2076 § 14, 1996)

Chapter 14.20
(Repealed and Recodified by Ord. 1706)

Chapter 14.24
(Repealed and Recodified by Ord. 1706)

Chapter 14.28
(Repealed by Ord. 1706)

Chapter 14.32
(Repealed and Recodified by Ord. 1706)

Chapter 14.36
(Repealed by Ord. 1706)

Chapter 14.40
CHARGES

Sections:

14.40.010 Rates.

14.40.015 Customer classifications.

14.40.020 Schedule I – Residential single-unit rates.

14.40.025 Schedule II – Residential multiple-unit rates.

14.40.030 Schedule III – Commercial and industrial rates.

14.40.033 Service to property outside corporate boundaries.

14.40.035 Schedule IV – Sewer volume charge based on metered water consumption.

14.40.040 Schedule III – Special rates.

14.40.045 Responsibility of property owner.

14.40.050 Payment of bills.

14.40.055 Penalties and delinquent charges.

14.40.060 Delinquent charges constitute liens – Water service may be cut off.

14.40.065 Minimum sewer charge.

14.40.070 Repealed.

14.40.080 Deposit for service and return.

14.40.900 Severability.

14.40.010 Rates.

Rates for sewer services shall be as established in the schedules set forth in this chapter. The rate per month shall be comprised of a base monthly charge and a volume charge based on the metered volume of water consumption and the nature or strength of wastewater produced. The nature or strength of the wastewater produced will place each customer in one of five sewage strength classifications as set forth in LMC 14.40.015. All billing information will be accumulated bimonthly. Bimonthly billing will be used for all accounts. These rates and charges shall be in effect and assessed beginning January 1st of each year, except for the 2007 rates, which shall be in effect and assessed beginning on February 1, 2007. (Ord. 2659 § 1, 2006; Ord. 2530 § 1, 2004; Ord. 1660 § 1, 1988; Ord. 147 § 16.01, 1963)

14.40.015 Customer classifications.

Customer charges have two parts; a fixed base charge and a flow or volume charge determined by the water meter readings and the strength or nature of the wastewater the account produces. For the combined flow and wastewater strength charge customers will be placed in one of the following classes, which most closely fits their operation, based on the nature or strength of their wastewater. Charges associated with each classification are set forth in LMC 14.40.035, Table 2.

CLASSIFICATIONS	BOD+TSS mg/l
1. Low Strength (<425 mg/l)
Platers	167
Photo studios	242
Photo finish labs	265
Printers/copy centers	325
Laundromats	325
Tavern – no food preparation	350
Car washes	350
Nursing homes	350
Chemical processors	388
2. Average Strength (<550 mg/l)
Coating and engraving services	425
Funeral services – no embalming	425
Domestic waste	425
General retail, business office	425
Hotels and motels – no restaurant	450
Hospitals	450
Soft drink beverage manufacturing	531
3. Medium Strength (<1,200 mg/l)
Auto dealer, body shops and auto repair	550
Bowling alleys – no restaurant	670
Grocery stores, all fish processing	700
Hotels and motels – with restaurant	950
Commercial laundries	950
Meat distributors and markets	1,050
Bakeries	1,063
Vehicle parts manufacturer	1,121
4. High Strength (<1,500 mg/l)
Bakery stores	1,200
Restaurants, taverns – with grease control	1,200
Bowling alleys – with restaurant, grease control	1,200
5. Very High Strength (≥1,500 mg/l)
Grocery stores – full service	1,500
Funeral service – with embalming	1,500
Restaurants, taverns – without grease control	1,550
Bowling alleys – with restaurant, no grease control	1,550
Candy producers	1,650
(BOD – biochemical oxygen demand; TSS – total suspended solids; mg/l – milligrams per liter)

(Ord. 2530 § 2, 2004)

14.40.020 Schedule I – Residential single-unit rates.

Residential single-unit shall be charged at the base rate per month in Table 1 in LMC 14.40.035. This base rate shall include the first 1,000 cubic feet of water consumption per unit per month (2,000 cubic feet per unit per bi-monthly bill). Customers will be charged for each 100 cubic feet of water consumption above the first 1,000 cubic feet at the rate specified in Table 1 in LMC 14.40.035. The calculation of metered water consumption shall be based on LMC 14.40.035. (Ord. 2530 § 3, 2004; Ord. 1660 § 1, 1988; Ord. 1631 § 3, 1988; Ord. 1543 § 4, 1986; Ord. 1505 § 8, 1986; Ord. 1222 § 9, 1982; Ord. 781 § 31, 1975; Ord. 152, 1963; Ord. 147 § 16.02, 1963)

14.40.025 Schedule II – Residential multiple-unit rates.

Each residential multiple-unit customer and each mobile home park shall be charged a base rate per month per separate dwelling unit in Table 1 in LMC 14.40.035. The base rate shall include 2,000 cubic feet of water consumption per unit every two months. Customers will be charged for each 100 cubic feet of water consumption above the first 2,000 cubic feet per unit every two months, at the rate specified in LMC 14.40.035. (Ord. 2659 § 2, 2006; Ord. 2530 § 4, 2004; Ord. 1660 § 1, 1988; Ord. 1244 § 2, 1982)

14.40.030 Schedule III – Commercial and industrial rates.

Each commercial or industrial customer shall be charged a base rate per month per separate water meter in Table 1 in LMC 14.40.035. The base rate shall include 1,000 cubic feet of water consumption per meter per month (2,000 cubic feet per meter per bi-monthly bill). Customers will be charged for each 100 cubic feet of water consumption above the first 1,000 cubic feet per meter per month, based on the customer’s strength classification at the rate specified in LMC 14.40.035. (Ord. 2530 § 5, 2004; Ord. 1660 § 1, 1988; Ord. 1631 § 4, 1988; Ord. 1543 § 5, 1986; Ord. 1505 § 9, 1986; Ord. 1222 § 10, 1982; Ord. 781 § 32, 1975; Ord. 388, 1968; Ord. 180, 1963; Ord. 147 § 16.03, 1963)

14.40.033 Service to property outside corporate boundaries.

Real property located outside of the corporate boundaries of the city of Lynnwood that receives sewer service from the city of Lynnwood shall be charged 150 percent of the sewer rates charged to comparable property located within the city’s corporate boundaries. (Ord. 2665 § 4, 2007)

14.40.035 Schedule IV – Sewer volume charge based on metered water consumption.

Each customer, including residential single-unit, residential multiple-unit per unit, and commercial and industrial per meter, shall be charged a rate per 100 cubic feet of residential use or commercial/industrial use in excess of the first 2,000 cubic feet every two months included in the base rate. This rate shall be as specified in Table 1 below.

To account for summer water that does not enter the sewer system, the volume billed to residential customers in May, June, July, August, and September shall be adjusted according to the individual customer’s winter usage. Winter usage shall be determined by water used in October through April.

Table 1: Sewer Rates 

CUSTOMER CLASSIFICATION	2007 Monthly Rate	2008 Monthly Rate	2009 Monthly Rate	2010 Monthly Rate	2011 Monthly Rate	2012 Monthly Rate
Residential Single-Unit
Mo. Base Rate (incl. 10 CCF)	$25.25	$29.00	$29.50	$30.00	$30.50	$31.00
Mo. Volume Charge > 10 CCF	$2.00**	$2.25**	$2.35**	$2.45**	$2.50**	$2.55**
Special Sewer Rate	See Table Below	See Table Below	See Table Below	See Table Below	See Table Below	See Table Below
Residential Multiple-Unit per Unit*
Mo. Base Rate (incl. 10 CCF per unit)	$22.00	$25.38	$26.25	$26.75	$27.13	$27.25
Mo. Volume Charge > 10 CCF per unit	$2.00*	$2.25*	$2.35*	$2.45*	$2.50*	$2.55*
Special Sewer Rate	See Table Below	See Table Below	See Table Below	See Table Below	See Table Below	See Table Below
Residential-Mobile per Unit* – NEW
Mo. Base Rate (incl. 10 CCF per unit)	$12.40	$16.13	$17.88	$19.88	$22.13	$27.25
Mo. Volume Charge > 10 CCF per unit	$2.00*	$2.25*	$2.35*	$2.45*	$2.50*	$2.55*
Special Sewer Rate	See Table Below	See Table Below	See Table Below	See Table Below	See Table Below	See Table Below
Commercial/ Industrial (Based on Meter Size)
5/8 – 3/4-Inch Meter	$39.00	$39.00	$39.00	$39.00	$39.00	$39.00
1-Inch Meter	$50.00	$50.00	$50.00	$50.00	$50.00	$50.00
1-1/2-Inch Meter	$60.00	$60.00	$60.00	$60.00	$60.00	$60.00
2-Inch Meter	$90.00	$90.00	$90.00	$90.00	$90.00	$90.00
3-Inch Meter	$302.50	$302.50	$302.50	$302.50	$302.50	$302.50
4-Inch Meter	$382.50	$382.50	$382.50	$382.50	$382.50	$382.50
6-Inch Meter	$567.50	$567.50	$567.50	$567.50	$567.50	$567.50
Sewer Only Accounts
Residential Single-Unit	$26.40	$30.50	$30.90	$31.30	$31.70	$32.15
Residential Multiple-Unit per Unit	$22.00	$25.25	$26.25	$27.25	$27.80	$28.40
Commercial/Industrial per Account	$63.95	$72.95	$75.85	$78.75	$80.20	$80.65
* Base rate per unit plus volume over 10 CCF per unit
** For next additional 17.5 CCF (no charges are incurred for volumes over the additional 17.5 CCF per month)

Table 2: Strength Charges 

Customer Classification	2007 Monthly Rate	2008 Monthly Rate	2009 Monthly Rate	2010 Monthly Rate	2011 Monthly Rate	2012 Monthly Rate
Strength < 3 per CCF	$1.72	$2.34	$2.54	$2.74	$2.84	$2.87
Strength = 3 per CCF	$2.36	$2.90	$2.92	$2.96	$2.99	$3.08
Strength = 4 per CCF	$3.10	$4.00	$4.54	$5.22	$5.33	$5.46
Strength = 5 per CCF	$3.96	$4.80	$5.33	$5.84	$6.09	$6.11

(Ord. 2685 § 1, 2007; Ord. 2659 § 3, 2006; Ord. 2530 § 6, 2004; Ord. 1927 § 1, 1992; Ord. 1857 § 1, 1991; Ord. 1743 § 1, 1990; Ord. 1660 § 1, 1988)

14.40.040 Schedule III – Special rates.

A. Persons of the age of 61 years or older, or who are disabled, meeting the qualifications specified in subsection (B) of this section and RCW 84.36.381, shall be charged at a special sewer rate based on the following percent of residential single-unit monthly rate and volume charges, and depending on the income level status of the customer pursuant to the Snohomish County assessor’s office real property taxes exemption process:

Income Level Status	Rate
A	40%
B	45%
C	50%

Residential Single-Unit Rates: 

Customer Classification	2007 Monthly Rate	2008 Monthly Rate	2009 Monthly Rate	2010 Monthly Rate	2011 Monthly Rate	2012 Monthly Rate
Special Rate, Income Level A
Mo. Base Rate (incl. 10 CCF)	$10.10	$11.60	$11.80	$12.00	$12.20	$12.40
Mo. Volume Charge > 10 CCF	$0.80**	$0.90**	$0.94**	$0.98**	$1.00**	$1.02**
Special Rate, Income Level B
Mo. Base Rate (incl. 10 CCF)	$11.36	$13.05	$13.28	$13.50	$13.73	$13.95
Mo. Volume Charge > 10 CCF	$0.90**	$1.01**	$1.06**	$1.10**	$1.13**	$1.16**
Special Rate, Income Level C
Mo. Base Rate (incl. 10 CCF)	$12.63	$14.50	$14.75	$15.00	$15.25	$15.50
Mo. Volume Charge > 10 CCF	$1.00**	$1.13**	$1.18**	$1.23**	$1.25**	$1.28**
** For next additional 17.5 CCF (No charges are incurred for volumes over the additional 17.5 CCF per month)

Residential Multiple-Unit and Mobile Rates:

For residents that meet the qualifications in subsection (B) of this section, but that do not have a direct account with the city (i.e., tenants of a condominium), a yearly rebate shall be paid to the resident based on 40, 45 or 50 percent of a calculation of the cost per unit for that account, depending on the income level status of the customer pursuant to the Snohomish County assessor’s office real property taxes exemption process. In order to qualify for the rebate, the resident must make application to the city by November 1st of each year and demonstrate, in addition to meeting the qualifications in this section, that they have resided at the site or unit for the entire year.

B. Qualifications for said rate shall be:

1. The residential single-unit property or residential multiple-unit or mobile unit to which the utility service is extended shall have a valid property tax exemption from Snohomish County, pursuant to RCW 84.36.381 through 84.36.385.

2. Claimants for said reduction shall occupy site or unit as principal residence and be within the corporate limits of the city of Lynnwood and have a household income level no greater than and as prescribed in RCW 84.36.381.

C. The city council, by appropriation from the water and sewer fund, shall pay those capital costs as allocated in the sewer rate model, “total rate requirements and calculation by customer class” module to senior citizens, thereby lowering the actual monthly rate to be charged to senior citizens in single-family residences.

D. The mayor is authorized to administer the special utility rates and develop procedures as necessary for such implementation. (Ord. 2685 § 7, 2007; Ord. 2659 § 4, 2006; Ord. 2530 § 7, 2004; Ord. 1927 § 1, 1992; Ord. 1857 § 1, 1991; Ord. 1743 § 1, 1990; Ord. 1660 § 1, 1988; Ord. 1631 § 5, 1988; Ord. 1543 § 6, 1986; Ord. 1505 § 10, 1986; Ord. 1222 § 11, 1982; Ord. 781 § 33, 1975; Ord. 152, 1963; Ord. 147 § 16.04, 1963)

14.40.045 Responsibility of property owner.

All sewer accounts shall be kept in the name of the owner of the property and not in the name of the tenant; and the owner only or his legally authorized agent shall be held responsible for sewer charges. All accounts that are in the name of the renter, lessee, or tenant of the property and not in the name of the owner at the time of passage of the ordinance codified in this chapter, shall have until December 31, 1977, to comply with the provisions of this chapter. (Ord. 894 § 2, 1977)

14.40.050 Payment of bills.

All charges for sewage service shall be due and payable at the office of the utility department on or before the fourteenth day after the bill has been issued therefor and shall become delinquent after the fourteenth day. Sewage service bills shall cover periods of two months and shall be issued upon a single statement. All payments and collections shall be paid into the waterworks utility fund.

Whenever any new sewer service is made available through extension of the sewer system or otherwise, the monthly sewer service charge shall commence on the first day of the month following the month in which the sewer extension shall be accepted by the city council. (Ord. 1505 § 11, 1986; Ord. 781 § 34, 1975; Ord. 180, 1963; Ord. 147 § 18.01, 1963)

14.40.055 Penalties and delinquent charges.

In addition to all other charges provided in this title, each account shall be charged 10 percent of the unpaid balance for all sewer charges not paid within 35 days after the date of billing. (Ord. 1961 § 5, 1993; Ord. 817 § 1, 1975)

14.40.060 Delinquent charges constitute liens – Water service may be cut off.

Any sewage charge which becomes delinquent shall immediately become a lien against the premises, superior to all other liens or encumbrances except those for general taxes and special assessments. Such liens shall be foreclosed by the city in the manner provided by law for the enforcement of the same, including any and all delinquent sewage charges. As an additional and concurrent method of enforcing the lien herein provided, the city may, in case of any such delinquency, cut off the water service from the premises to which such sewage disposal service was furnished and such water service shall remain cut off until all such charges, plus penalties, have been paid, together with an additional sum of $10.00 for restoring water service during normal working hours and an additional $25.00 for restoring water service during other than normal working hours. (Ord. 1961 § 6, 1993; Ord. 780 § 35, 1975; Ord. 147 § 18.02, 1963)

14.40.065 Minimum sewer charge.

For sewer only accounts, for which water is not metered, there shall be a minimum sewer charge equal to the base charge for the classification as specified in Table 1, LMC 14.40.035. Every parcel having a sewer connection will be charged the base sewer rate notwithstanding shut-off of a water supply due to nonpayment or an approved request. The base sewer charge will be discontinued only upon demolition of the structure and capping of the sewer stub in accordance with city standards, and filing application to discontinue billing. (Ord. 1927 § 2, 1992; Ord. 1743 § 2, 1990)

14.40.070 Sewer tapping charges.

Repealed by Ord. 2241.

14.40.080 Deposit for service and return.

All renter, lessee, or tenant deposits with the sewer utility at the time of passage of the ordinance codified in this chapter will revert to the depositor no later than December 31, 1977; provided sewer charges are paid in full. In those cases where charges are not paid in full, any charges owing the sewer utility shall be deducted from the deposit, and any balance will be refunded to the depositor. (Ord. 894 § 1, 1977)

14.40.900 Severability.

In the event that any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 1961 § 7, 1993)

Chapter 14.44
PRIVATE SEWERS

Sections:

14.44.010 When private sewer permitted.

14.44.020 Certain conforming private systems permissible.

14.44.030 Repealed.

14.44.040 Permit to be obtained through construction.

14.44.050 Inspection of private systems.

14.44.060 General requirements.

14.44.070 Maintenance.

14.44.090 Health requirements additional.

14.44.010 When private sewer permitted.

Where a public sanitary or combined sewer is not available within 200 feet from any proposed building or exterior drainage facility under the provisions of LMC 14.12.042, the building sewer may be connected to a private sewage disposal system complying with the provisions of this title; but, in any event, the building sewer shall be connected with either a public or private sewage disposal system. (Ord. 147 § 4.01, 1963)

14.44.020 Certain conforming private systems permissible.

Any property that was served by a private sewage system on January 22, 1963, may legally continue to be served by such system if no public sewer is available within 200 feet from any proposed building or exterior drainage facility, if such system meets the standards of this title, and if the owner secured a private sewer permit for such system within 90 days of January 22, 1963. (Ord. 147 § 4.02, 1963)

14.44.030 Private systems to be discontinued when public sewer is available.

Repealed by Ord. 2665. (Ord. 147 § 4.03, 1963)

14.44.040 Permit to be obtained through construction.

Before commencement of construction or abandonment of a private sewage disposal system, the owner, his agent, or his sewer contractor shall first obtain a written private sewer permit signed by the director of public works. The private sewer permit application shall be submitted to the department of public works for processing as required by LMC 2.44.040. The cost for such permit shall be as shown in Chapter 3.104 LMC. (Ord. 2656 §§ 1, 2, 2006; Ord. 2241 § 15, 1999; Ord. 2076 § 16, 1996; Ord. 781 § 38, 1975; Ord. 147 § 4.04, 1963)

14.44.050 Inspection of private systems.

A private sewage disposal system shall not be operated until the installation is completed in accordance with the requirements of this title. The director of public works may inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the director of public works when the work is ready for final inspection, and before any underground portions are covered. The final inspection shall be made within two business days of the receipt of the notice by the director of public works whenever possible. When the work is properly completed, the director of public works shall give approval for the system to be used. (Ord. 781 § 40, 1975; Ord. 147 § 4.06, 1963)

14.44.060 General requirements.

Type, capacities, location, and layout of a private sewage disposal system shall comply with all ordinances of the city of Lynnwood and Washington State Department of Health Bulletin, E.S. No. 1, and Snohomish County health district. Field tests and a site survey shall be made before any permit is issued for any private sewage disposal system. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot will not allow complete absorption of such septic tank effluent as may reasonably be expected from the uses permitted by applicable zoning restriction and from the proposed uses of the property. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet, nor shall it be located less than 10 feet from the property line of the lot it serves. (Ord. 802 § 1, 1975; Ord. 147 § 4.07, 1963)

14.44.070 Maintenance.

The owner of any private sewage disposal system shall operate and maintain it in a sanitary manner at all times. If the private sewage disposal system is operated and maintained in an unsanitary manner, the director of public works, after due notice to the owner and a reasonable time given under the circumstances to correct the deficiency, may revoke the permit. When the deficiency is corrected, a new permit may be issued upon submission of a new application, payment of the application fee, and compliance with the other applicable requirements of LMC 14.44.040. Where soil becomes saturated and is not capable of holding effluent, the owner of the property shall connect to the public sewer. (Ord. 781 § 41, 1975; Ord. 147 § 4.08, 1963)

14.44.090 Health requirements additional.

The requirements of this title are additional to those imposed by the city or Snohomish County health officer under applicable statutes, regulations, and ordinances. (Ord. 147 § 409, 1963)

Chapter 14.48
AREAS OUTSIDE CITY

Sections:

14.48.010 Contract for service.

14.48.010 Contract for service.

Sewer service to users outside the corporate limits of the city of Lynnwood may be extended only by special contract approved by the city council. (Ord. 2665 § 5, 2007; Ord. 147 § 15.01, 1963)

Chapter 14.50
CONNECTIONS TO EXTENDED LINES

Sections:

14.50.010 Class A service connection.

14.50.020 Class B service connection.

14.50.030 Occupied property.

14.50.040 Unoccupied property.

14.50.050 Connection charges defined.

14.50.060 Extended line.

14.50.070 Reimbursement agreement.

14.50.080 Charges for connection.

14.50.090 Authority to make reimbursement agreements.

14.50.100 Repealed.

14.50.110 Repealed.

14.50.010 Class A service connection.

Class A service connection shall be a service connection made to a trunk or lateral sewer, the construction cost of which was financed by the sale of revenue bonds or from funds accrued through system revenue and with or without a minor contribution from funds secured through the sale of general obligation bonds; and/or in a manner, that no cost thereof was assessed against or indirectly charged to the property now being serviced. This type of connection shall be referred to as a noncontributor. (Ord. 781 § 42, 1975; Ord. 217 § 1.01, 1964)

14.50.020 Class B service connection.

Class B service connection shall be a connection made to a line constructed within a dedicated public right-of-way, exclusively at either a direct or indirect cost to the related property. These would be systems constructed by private developers or under a local improvement district created for these purposes. This type of connection shall be referred to as a contributor. Connections made to an extended line, which line was paid for by some other private individual or organization shall be considered as Class A connections. (Ord. 387, 1968; Ord. 217 § 1.02, 1964)

14.50.030 Occupied property.

“Occupied property” is property on which a structure or facility requiring a sanitary sewer service is now existing and being served by an existing temporary sanitary facility at the time of application. For property to continue to be considered occupied, the monthly sewer service charge must have been paid continuously from the time sewer service was first available even though the structure or facility may have been demolished. (Ord. 781 § 43, 1975; Ord. 217 § 1.03, 1964)

14.50.040 Unoccupied property.

“Unoccupied property” shall be deemed to be property on which no structure is now existing, or on which a structure proposed to be reconstructed, demolished or removed exists, which structure has never been connected to the sewer system, so as to, in effect, make it occupied. (Ord. 217 § 1.04, 1964)

14.50.050 Connection charges defined.

“Connection charges” means those charges made for any connection to the Lynnwood sewer system. (Ord. 217 § 1.05, 1964)

14.50.060 Extended line.

An “extended line” shall be that portion of the line or lines constructed and paid for by the developers which extends between the point of connection to an existing part of the general system and a point at or adjacent to the property line of the first lot, tract or parcel to be connected to the system for which the extension was made. (Ord. 217 § 1.06, 1964)

14.50.070 Reimbursement agreement.

A “reimbursement agreement” shall be the agreement between an individual or individuals and the city of Lynnwood in which provision is made for reimbursement by the city to the individual for construction of an extended line to provide sewer service to his property. (Ord. 217 § 1.07, 1964)

14.50.080 Charges for connection.

Service connections to be made to the sewerage system of the city of Lynnwood shall be classified as herein provided and, at the time of application for a permit to make connection to the system, payment of connection charges as set forth shall be made to the utility department, and shall be deposited to the credit of the waterworks utility fund.

A. Class I Areas.

1. Class A Connection.

a. Occupied Properties. Two hundred dollars ($200.00) for each and every individual service connection, or in the case of multiple-unit buildings, $20.00 per unit, with a minimum connection charge of $200.00. For a mobile home park as defined in LMC 21.02.505, there shall be charged a connection fee of $75.00 per pad, with a minimum connection charge of $600.00 per acre or prorated fraction thereof per connection to a trunk line.

b. Unoccupied Properties. Three hundred dollars ($300.00) for each and every individual service connection, or in the case of multiple-unit buildings, $30.00 per unit, with a minimum of $300.00 per lot. For a mobile home park there shall be a connection charge of $75.00 per pad, with a minimum charge of $600.00 per acre or a prorated fraction thereof per connection to a trunk line.

2. Class B Connection.

a. Occupied Properties. Fifty dollars ($50.00) for each and every individual service connection, or in the case of multiple-unit buildings, $10.00 per unit, with a minimum connection charge of $50.00 per lot. For a mobile home park as defined in LMC 21.02.505, there shall be charged a connection fee of $50.00 per pad, with a minimum charge of $400.00 per acre or prorated fraction thereof per connection to a trunk line.

b. Unoccupied Properties. Fifty dollars ($50.00) for each and every individual service connection, or in the case of multiple-unit buildings, $20.00 per unit, with a minimum connection charge of $50.00 per lot. For a mobile home park there shall be charged a connection fee of $50.00 per pad, with a minimum charge of $400.00 per acre or a prorated fraction thereof per connection to a trunk line.

B. Class II Areas.

1. Connection Charges for Class II Areas. In Class II areas a reconnection charge shall be in the amount of $500.00 for every dwelling or other building required to be connected to the municipal sanitary sewer system by the provisions of this chapter; provided, however, for Class B connections in Class II areas:

a. Occupied Properties. Fifty dollars ($50.00) for each and every individual service connection or, in the case of multiple-unit buildings, $10.00 per unit, with a minimum connection charge of $50.00 per lot. For a mobile home park as defined in LMC 21.02.505, there shall be charged a connection fee of $50.00 per pad, with a minimum charge of $400.00 per acre or prorated fraction thereof per connection to a trunk line.

b. Unoccupied Properties. Fifty dollars ($50.00) for each and every individual service connection or, in the case of multiple-unit buildings, $20.00 per unit, with a minimum connection charge of $50.00 per lot. For a mobile home park there shall be charged a connection fee of $50.00 per pad, with a minimum charge of $400.00 per acre or a prorated fraction thereof per connection to a trunk line.

C. Class III Areas.

1. Connection Charges for Class III Areas. In Class III areas a reconnection charge shall be in the amount of $1,500 for every dwelling or other building required to be connected to the municipal sanitary sewer system by the provisions of this chapter. Payment of the reconnection charge may be paid in seven equal annual installments with interest thereon fixed at the rate of seven percent per annum on the unpaid balance. The first payment is due and payable upon the request for reconnection. (Ord. 1576 § 2, 1987; Ord. 957 § 2, 1978; Ord. 781 § 44, 1975; Ord. 646 § 1, 1972; Ord. 387, 1968; Ord. 217 § 2.01, 1964)

14.50.090 Authority to make reimbursement agreements.

For the purpose of reimbursing private individuals or organizations that have expended funds to construct extensions and betterments to the general sewerage system of the city, which extensions and betterments will make sewer service available to properties other than those to which the private developer had need to serve in his interest; and from which additional properties so served will permit the city to levy and collect Class A and Class B connection charges therefrom, the city may enter into an agreement pursuant to Chapter 3.30 LMC whereby said individuals or organizations may receive compensation for a part or all of their costs in constructing such an extension of the sewer system, to be known as an extended line. (Ord. 2629 § 3, 2006; Ord. 217 § 3.01, 1964)

14.50.100 Contracts.

Repealed by Ord. 2629. (Ord. 781 § 45, 1975; Ord. 217 § 3.02, 1964)

14.50.110 Procedure.

Repealed by Ord. 2629. (Ord. 781 § 46, 1975; Ord. 217 § 3.03, 1964)

Chapter 14.60
WASTEWATER PRETREATMENT

Sections:

Article I. Regulations

14.60.010 – 14.60.110 Repealed.

14.60.300 General prohibitions.

14.60.301 Pass-through or interference.

14.60.302 Flammable or explosive substances.

14.60.303 Solid or viscous substances.

14.60.304 Corrosive substances.

14.60.305 High temperature.

14.60.306 Excessive waste.

14.60.307 Clean water.

14.60.308 Toxic pollutants.

14.60.309 Wastewater.

14.60.310 Repealed.

14.60.311 Dangerous waste.

14.60.312 Tampering with monitoring device – Prohibited.

14.60.313 Waste oil.

14.60.315 Restricted substances.

14.60.318 Discharge restrictions.

14.60.320 Upset provisions.

14.60.330 Accidental discharge facilities.

14.60.335 Accidental discharge report.

14.60.340 Dilution prohibited.

14.60.350 Pretreatment facilities.

14.60.352 F.O.G. pretreatment required.

14.60.354 Grease removal system required – When.

14.60.355 F.O.G. control plans – Contents.

14.60.356 Washing facilities, grease rack – Pretreatment.

14.60.358 F.O.G. pretreatment facilities – Install and maintenance.

14.60.359 Permit to be obtained for installation of grease interceptor.

14.60.360 Right of revision.

14.60.370 Septage and holding tank sewage.

Article II. Administration

14.60.500 Disclosure forms.

14.60.503 Industrial wastewater discharge permits – Application.

14.60.504 Industrial discharge permit – Requirements.

14.60.505 Industrial wastewater discharge permit – Duration.

14.60.506 Industrial wastewater discharge permit – Transfer.

14.60.507 Industrial wastewater discharge permit – Modification.

14.60.508 Industrial wastewater discharge permit – Reporting required.

14.60.510 Limited permits – Required when.

14.60.512 Limited permits – Criteria.

14.60.513 Limited permits – Special conditions.

14.60.514 Limited permits – Issuance, revocation, transfer.

14.60.515 Limited permits – Upgrade to discharge permit, when.

14.60.516 Public notice for industrial wastewater discharge permits.

14.60.520 Public hearing.

14.60.525 Monitoring facilities.

14.60.530 Sampling and analysis requirements.

14.60.533 Resampling required when violation occurs.

14.60.535 Compliance monitoring.

14.60.538 Sampling and analysis frequencies.

14.60.540 Inspection of facilities.

14.60.545 Right to enter.

14.60.550 Accidental spill prevention plan.

14.60.553 Notification of changes in discharge.

14.60.554 Reporting of hazardous waste discharge.

14.60.555 Discontinuance of discharge.

14.60.560 Confidential information.

14.60.565 Pre-emption of limitations, standards or requirements.

14.60.570 Publication of violators.

14.60.575 Records retention – Required.

Article III. Enforcement

14.60.605 Violations – Remedies.

14.60.610 Violations.

14.60.611 Maximum daily concentration allowed.

14.60.612 pH sample.

14.60.613 Temperature limitation.

14.60.614 Maximum allowable poundage limitations.

14.60.615 Reporting requirements.

14.60.616 F.O.G. pretreatment facility maintenance – Compliance with control plan.

14.60.617 Discharge of dangerous waste.

14.60.618 Explosion meter readings.

14.60.619 Pass-through or interference.

14.60.620 Emergency suspension of service and industrial wastewater discharge permit or limited permit.

14.60.623 Termination of treatment services – Permit revocation.

14.60.625 Notice of violation and administrative order.

14.60.630 Administrative hearing.

14.60.635 Civil penalties.

14.60.640 Civil liability for expenses and fines.

14.60.645 Criminal penalties.

14.60.660 Judicial review.

14.60.665 Right to written interpretation of chapter.

14.60.900 Severability.

Article I. Regulations

14.60.010 – 14.60.110  Repealed.

Repealed by Ord. 1706.

14.60.300 General prohibitions.

The general prohibitions specified in LMC 14.60.301 through 14.60.312 apply to each discharger introducing pollutants into the POTW whether or not the source is subject to other national pretreatment standards. (Ord. 1705, 1989)

14.60.301 Pass-through or interference.

A user shall not introduce into the POTW any pollutant(s) which cause pass-through or interference. (Ord. 1705, 1989)

14.60.302 Flammable or explosive substances.

Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction to: cause fire or explosion; create a public nuisance or hazard to life; prevent entry into the sewers for their maintenance and repair; or be injurious in any other way to the operation of the system or the operating personnel, are prohibited to be discharged. Such liquids, solids or gases shall include any waste streams with a closed cup flash point of less than 140 degrees Fahrenheit or 60 degrees centigrade, using the test methods specified in 40 CFR § 261.21, as now existing or hereafter amended. (Ord. 1831 § 6, 1991; Ord. 1705, 1989)

14.60.303 Solid or viscous substances.

Any solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the system. (Ord. 1705, 1989)

14.60.304 Corrosive substances.

Any wastewater having corrosive properties capable of causing damage or hazard to structures, equipment, or personnel or the system, unless the system is specifically designed to accommodate such discharge and the discharge is authorized by a permit but in no case less than pH of 5.0 or greater than 11.0. (Ord. 1705, 1989)

14.60.305 High temperature.

Any wastewater which would cause the influent to the treatment plant temperature to exceed 40 degrees centigrade (104 degrees Fahrenheit) unless the system is specifically designed to accommodate such discharge and the discharge is authorized by a permit under this chapter. In any case, any wastewater having a temperature which will interfere with the biological activity in the system is prohibited. (Ord. 1705, 1989)

14.60.306 Excessive waste.

Any waste materials, including oxygen demanding waste materials (BOD, etc.), released in either a slugload or continuous discharge of such volume or strength as to cause interference to the system. (Ord. 1705, 1989)

14.60.307 Clean water.

Any of the following discharges unless approved by the department under extraordinary circumstances, such as the need to augment sewage flows due to septic conditions:

A. Noncontact cooling water in significant volumes;

B. Stormwater, and other direct inflow sources;

C. Wastewater significantly affecting system hydraulic loading, which do not require treatment or would not be afforded a significant degree of treatment by the system. (Ord. 1705, 1989)

14.60.308 Toxic pollutants.

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to: injure or interfere with any wastewater treatment process; constitute a hazard to humans or animals; or exceed the limitation set forth in categorical pretreatment standards, or state or local standards, which results in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems, are prohibited to be discharged. (Ord. 1831 § 8, 1991; Ord. 1705, 1989)

14.60.309 Wastewater.

Any wastewater which causes a hazard to human life or creates a public nuisance. (Ord. 1705, 1989)

14.60.310 Repealed.

Repealed by Ord. 1831.

14.60.311 Dangerous waste.

A. No substance designated in the following state regulations, copies of which shall be on file with the city clerk and which are adopted by this reference, shall be discharged to the sewer system without a valid, authorized permit to discharge such substances:

1. Discarded chemicals list of WAC 273-303-9903, as now existing or hereafter amended;

2. Toxic dangerous waste list of WAC 173-303-101, as now existing or hereafter amended;

3. Dangerous waste sources list of WAC 173-303-9904, as now existing or hereafter amended;

4. Dangerous waste constituents list of WAC 173-303-9905 as now existing or hereafter amended;

5. Dangerous waste mixtures list of WAC 173-303-084, as now existing or hereafter amended;

6. Persistent dangerous waste list of WAC 173-303-102, as now existing or hereafter amended.

B. No substance which exhibits any of the dangerous waste characteristics listed in WAC 173-303-090, as now existing or hereafter amended, one copy of which shall be on file with the city clerk and which is adopted by this reference, shall be discharged to the sewer system without a valid authorized permit to discharge such substances; provided, however, that in the event of any conflict between provisions of WAC 173-303-090(6)(a)(i), as now existing or hereafter amended, and LMC 14.60.304, the provisions of LMC 14.60.304 shall control. (Ord. 1831 § 8, 1991; Ord. 1705, 1989)

14.60.312 Tampering with monitoring device – Prohibited.

No discharger shall tamper with, damage or render inaccurate any wastewater monitoring device required by this chapter. (Ord. 1705, 1989)

14.60.313 Waste oil.

Any petroleum oils, nonbiodegradable cutting oils, or products of mineral origin, in amounts that will cause interference or pass-through, are prohibited to be discharged.

14.60.315 Restricted substances.

A. No person shall discharge waste-containing substances restricted by this chapter directly or indirectly into any sewer that is part of, or tributary to, the POTW in excess of the limitations specified by conditions of any of the following: a wastewater discharge permit; a limited permit; the Lynnwood Municipal Code; or state or federal standards. Permit limitations shall be established to the extent necessary to enable the city to comply with: NPDES requirements; applicable standards and federal regulations and with requirements for the protection of the POTW public health and safety and the receiving waters, when determined by the city to be necessary for the protection of water quality and avoidance of nuisance in the city. Discharge limits or standards in effect and incorporated into any issued waste discharge permit shall remain in effect for that permit until it expires, except as modified pursuant to LMC 14.60.507.

B. The director may prohibit discharge or require the discharge to meet lower limitations than those listed or any categorical limitation if the discharge is reasonably found to have the potential to cause upset or interference with the treatment capabilities of the POTW or violation of federal discharge permit(s) requirements, or to violate the requirements of any state or federal regulation pertaining to hazardous substances.

C. All known, available, and reasonable methods of treatment, control, and prevention shall be used by any discharger to bring a discharge of noncompliance into compliance with these regulations. (Ord. 2031 § 4, 1995; Ord. 1831 § 11, 1991; Ord. 1705, 1989)

14.60.318 Discharge restrictions.

Discharge restrictions include, but are not limited to the following:

A. Food Wastes. Food waste discharged into any sewer shall have been properly shredded so that 100 percent will pass a three-eighths-inch sieve and 75 percent will pass a one-quarter-inch sieve. Persons engaged in the retail sale of raw produce shall be limited to one grinder having a prime mover not exceeding five horsepower for the processing of raw produce waste.

B. Radioactive Substances. Any radioactive wastes or isotopes discharged to any sewer shall not exceed such concentration limitations as established by applicable state of Washington Department of Social and Health Service regulations.

C. Hydraulic Loading. Discharge flow from any user shall not exceed 2.0 percent of the average daily dry season influent flow to the treatment plant. The user averages shall be determined by using the daily average flows while user is in normal operation over a 30-day period. If a user discharges greater than 2.0 percent of the influent flow, the user must obtain a wastewater discharge permit.

D. Fats, Oils, and Greases. Wastewater discharged to the POTW shall not contain polar or nonpolar fats, oils, and greases as follows:

1. In excess of 100 mg/L of polar or nonpolar F.O.G. The limit for polar or nonpolar F.O.G. is violated when the arithmetic mean of the concentration of three grab samples taken no more frequently than at five-minute intervals, exceeds the limitation. Companies or residences which violate the polar or nonpolar F.O.G. limit may be required to complete, for the director’s review and approval, a F.O.G. control plan, per LMC 14.60.354; or

2. Visible or free-floating polar or nonpolar F.O.G. Dischargers may not add emulsifying agents exclusively for the purposes of emulsifying polar or nonpolar F.O.G. Companies which discharge visible or free-floating polar or nonpolar F.O.G. will be required to complete, for the director’s review and approval, a F.O.G. control plan, per LMC 14.60.354.

E. Substance Limitations. Any discharger subject to a national pretreatment standard after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of discharge to the sewer system, shall comply with the effluent limitations appropriate for that categorical industry, unless any limitation in the Lynnwood Municipal Code is more restrictive. In that case, the most restrictive effluent standard shall apply. All other users shall comply with the following limitations expressed in mg/L which shall be applied at the point at which the waste stream enters into the city sewer line, otherwise known as “end-of-pipe”:

Arsenic	0.5 mg/L
Cadmium	0.5 mg/L
Total Chromium	2.0 mg/L
Copper	2.0 mg/L
Cyanide	1.0 mg/L
Lead	1.5 mg/L
Mercury	0.05 mg/L
Nickel	1.5 mg/L
Silver	0.5 mg/L
Zinc	1.5 mg/L

In addition to the above concentration limits and those contained in the categorical standards, the director may also impose mass limits if it is necessary for the protection of the city’s treatment facilities and/or sludge disposal. Such poundage limits shall be derived using the following formula:

pounds/day = (conc. in mg/L) x (gal. discharge/day*) x 8.34

*In million gallons discharged per day, i.e., 100 gallons is represented by 0.000100 in million gallons.

F. High Temperatures. Heat in amounts which will inhibit biological activity in treatment plant facilities resulting in an interference in the treatment process and specifically including heat in such quantities that the temperature at the treatments works influent exceeds 40 degrees centigrade (104 degrees Fahrenheit) or the temperature exceeds 65 degrees centigrade (150 degrees Fahrenheit) at the point of discharge to the public sewers.

G. BOD and TSS Limitations. Wastewater discharged to the POTW shall not contain in excess of 300 mg/L of BOD, and/or 330 mg/L of TSS. Discharges with greater concentrations may be permitted with approval of the director. In addition to the concentration limits the director may also impose mass limits if the discharges comprise greater than two percent of the total BOD and/or TSS loading to the POTW. The formula for calculating the loading is found in subsection (E) of this section. (Ord. 2031 § 5, 1995; Ord. 1945 § 1, 1993; Ord. 1831 § 12, 1991; Ord. 1705, 1989)

14.60.320 Upset provisions.

Each discharger shall be subject to the following provisions in the event of an upset condition. An upset can be used as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards or noncompliance with this chapter provided the discharger demonstrates through properly signed, contemporaneous operating logs or other relevant evidence that:

A. The upset occurred and the specific cause can be identified.

B. At the time of the upset, the facility was being operated in a prudent and workmanlike manner according to all appropriate operation and maintenance procedures.

C. The discharger has submitted the following information to city within 24 hours