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Chapter 13.03
SewersSections:
13.03.0000 Title.
Article I. Definitions
13.03.0100 Definitions.
13.03.0103 “Act.”
13.03.0105 “Applicable Pretreatment Standard.”
13.03.0107 “Approval Authority.”
13.03.0109 “Authorized Representative of the User.”
13.03.0111 “B.O.D.”
13.03.0113 “Building Drain.”
13.03.0115 “Categorical Pretreatment Standard” or “Categorical Standard.”
13.03.0117 “Combined Sewer.”
13.03.0119 “Composite Sample.”
13.03.0121 “Director” or “POTW Director.”
13.03.0123 “Discharge” – Direct, Indirect.
13.03.0125 “Grab Sample.”
13.03.0127 “Industrial Process Wastewater” or “Process Wastewater.”
13.03.0129 “Interference.”
13.03.0131 “Lateral” or “Lateral Sewer.”
13.03.0133 “Lower Explosive Limit.”
13.03.0137 “National Pretreatment Standards.”
13.03.0139 “Natural Outlet.”
13.03.0141 “New Source,” “New User.”
13.03.0143 “Noncontact Cooling Water.”
13.03.0145 “Nonstandard Strength Sewage.”
13.03.0147 “NPDES.”
13.03.0149 “Onsite Sewage Disposal System.”
13.03.0151 “Pass-Through.”
13.03.0153 “pH.”
13.03.0155 “Pollutant.”
13.03.0157 “POTW.”
13.03.0159 “Pretreatment.”
13.03.0161 “Pretreatment Program.”
13.03.0163 “Pretreatment Requirements.”
13.03.0165 “Pretreatment Standard” or “Standard.”
13.03.0167 “Private Pump Station.”
13.03.0169 “Private Sewer.”
13.03.0171 “Private Storm Sewer.”
13.03.0173 “Prohibited Discharge Standards” or “Prohibited Discharges.”
13.03.0175 “Public Sewer.”
13.03.0177 “Sanitary Sewage.”
13.03.0179 “Sanitary Sewer.”
13.03.0181 “Sewage.”
13.03.0183 “Sewer.”
13.03.0185 “Wastewater Maintenance Supervisor.”
13.03.0187 “Side Sewer.”
13.03.0189 “Side Sewer Stub.”
13.03.0191 “Significant Industrial User.”
13.03.0193 “Slugload.”
13.03.0195 “Special Side Sewer.”
13.03.0197 “Standard Strength Sewage.”
13.03.0199 “Stormwater.”
13.03.0201 “Storm Sewer” or “Storm Drain.”
13.03.0203 “Suspended Solids.”
13.03.0205 “System of Sewerage.”
13.03.0207 “Total Solids.”
13.03.0209 “Twenty-Four Hour Flow-Proportional Composite Sample.”
13.03.0211 “Upset.”
13.03.0213 “User” or “Industrial User.”
13.03.0215 “Wastewater.”
Article II. Reserved
Article III. General Requirements
13.03.0302 Mandatory Sewer Service – No Rights Created – Charge to Unconnected, Occupied Property.
13.03.0304 Onsite Sewage Disposal Systems – Policy to Limit.
13.03.0306 Proper Connection of All Premises.
13.03.0308 Easement, Agreement to Maintain Private Sewer.
13.03.0310 Multiple-Dwelling Units – Duties of Owners and Occupants.
13.03.0312 Disorders on Private Premises – Prompt Repairs.
13.03.0314 Nonstandard Strength Sewage – Special Arrangements.
13.03.0316 Duty Imposed – Who is Responsible.
13.03.0318 Unlawful to Dispose of Sewage.
13.03.0320 Prohibited Uses of Sanitary Sewer.
13.03.0322 Use of Storm Sewers, Combined Sewers, Natural Outlets.
13.03.0324 Prohibited Uses of Public Sewers.
13.03.0326 Obstructing Sewer Prohibited.
13.03.0328 Breaking Structures, Appurtenances Prohibited.
13.03.0330 Unauthorized Connection to Public Sewer.
Article IV. Pretreatment
13.03.0402 Objectives – Application.
13.03.0404 Prohibited Discharge Standards – General Prohibitions.
13.03.0406 Prohibited Discharge Standards – Specific Prohibitions.
13.03.0408 Prohibited Discharge Standards – Prevention – To Whom Applicable.
13.03.0410 Prohibited Discharge Standards – Affirmative Defenses.
13.03.0412 Categorical Pretreatment Standards.
13.03.0414 Categorical Violations – Upset Affirmative Defense.
13.03.0416 Local Limits.
13.03.0418 Level of Compliance Effort – Unreasonable Burden.
13.03.0420 Construction of Pretreatment Facilities.
13.03.0422 Side Sewer Manhole.
13.03.0424 Self Monitoring – City Inspections.
13.03.0426 Sampling and Analysis.
13.03.0428 Wastewater Discharge Permit Required.
13.03.0430 Times to Apply – New Permits, Renewals.
13.03.0432 Contents of Application.
13.03.0434 Confidentiality.
13.03.0436 Signing Permit Application, Reports, Other.
13.03.0438 Decision on Permit Application.
13.03.0440 Permit Terms Required.
13.03.0442 Permittee Obligations.
13.03.0444 Slugload Control Plan.
13.03.0446 Permit Performance Security.
13.03.0448 Permit Transfer.
13.03.0450 Permit Modification.
13.03.0452 Permit Revocation.
13.03.0454 Appeals.
13.03.0456 Wastewater from Other Jurisdictions – Interlocal Agreements.
13.03.0458 Baseline Monitoring Report.
13.03.0460 Compliance Schedules – Progress Reports.
13.03.0462 Ninety-Day Compliance Report – Categorical Pretreatment Standards.
13.03.0464 Semi-Annual Continuing Reports.
13.03.0466 Changed Condition Report.
13.03.0468 Slugload, Upset and Prohibited Discharge – Reports and Notices.
13.03.0470 Sample Violation Report.
13.03.0472 Hazardous Waste Notification.
13.03.0474 TTO Reporting.
13.03.0476 Bypass Notification.
13.03.0478 Retention of Records.
13.03.0480 Director’s Authority.
13.03.0482 Enforcement Remedies.
13.03.0484 Enforcement by City and Other Governmental Agencies – No Rights or Duties Created.
13.03.0486 Publication of Violators.
Article V. Grease, Oil, Sand Interceptors
13.03.0502 Grease Traps.
13.03.0504 Grease, Oil, Sand Interceptors – Installation.
13.03.0506 Grease, Oil, Sand Interceptors – Construction.
13.03.0508 Grease, Oil, Sand Interceptors – Maintenance.
Article VI. Sewer Construction
13.03.0602 Inspections.
13.03.0604 Side Sewer Permit Required.
13.03.0606 Sewer Taps.
13.03.0608 Sewer LID Waiver Agreement.
13.03.0610 Costs of Installation and Connection – Indemnity.
13.03.0614 Extensions – Risk.
13.03.0616 Eligibility for Side Sewer Permit.
13.03.0618 Each Branch Deemed Separate Side Sewer – Special Connection.
13.03.0620 Opening Street – Requirements.
13.03.0622 Sewer Construction Regulations.
13.03.0624 Inspection Procedures – Completed Work.
13.03.0626 Notice to Sewer Maintenance Supervisor.
13.03.0628 Enforcement Inspections.
13.03.0630 Excavation and Cleaning.
13.03.0632 Construction Plans – Private Pump Station.
13.03.0634 Changes to Approved Plans – Inspections.
Article VII. Special Connection Charges
13.03.0702 Special Connection Agreements – Execution.
13.03.0704 Special Connection Charge Authorized – Basis.
13.03.0706 Notice.
13.03.0708 Payment.
13.03.0710 Project Accrued Interest.
13.03.0712 Special Connection Charge – Computation.
Article VIII. Wastewater General Facilities Charge
13.03.0730 Wastewater GFC General Provision – Long Connections.
13.03.0732 Wastewater General Facilities Charge – Schedule of Charges.
Article IX. Sewer Connections Outside City Limits
13.03.0802 Connections Authorized.
13.03.0804 Specifications of Agreement.
Article X. Administrative Provisions
13.03.0902 Rates and Regulations.
13.03.0904 Payment Delinquency – Lien.
13.03.0906 Persons Subject to Charges.
13.03.0908 Abatement of Public Nuisance.
13.03.0910 Suspension of Service.
13.03.0912 Equipment – Projects – Minor Expenditures.
13.03.0914 Responsibility for Nonpublic Sewers – No Duty.
13.03.0916 Penalty.
Article XI. Rates
13.03.1002 Prior Rates Superseded – Effective Date.
13.03.1004 Basic Service Charge – Amount (Former Appendix A).
13.03.1006 User Charge – Standard Strength Wastewater – Amount (Former Appendix B).
13.03.1008 Domestic and Commercial User Charges Inside City – Amount (Former Appendix C).
13.03.1010 Domestic and Commercial User Charges – Non-City Customer – Amount (Former Appendix D).
13.03.1012 Septage Charge – Amount (Former Appendix E).
13.03.1014 Service Outside City Utility Service Area – Amount (Former Appendix F).
13.03.1016 Non-Domestic Process Wastewater User Charge – Amount (Former Appendix G).
13.03.1018 Landfill Wastewater Pump and Treat Services – Amount (Former Appendix H).
13.03.1020 Cesspool and Miscellaneous Charges – Amount (Former Appendix I).
13.03.1022 Refuse Dumpster Maintenance Charge – Amount (Former Appendix J).
13.03.1024 Wastewater Management Labor and Equipment – Basis.
13.03.110 Definitions.
13.03.1102 “Adjusted.”
13.03.1104 “Approved.”
13.03.1106 “Apartment Unit.”
13.03.1108 “Basic Service Charge.”
13.03.1110 “Commercial User.”
13.03.1112 “Commercial User Charge.”
13.03.1114 “Director.”
13.03.1116 “Discharge.”
13.03.1118 “Domestic User.”
13.03.1122 “Domestic User Charge.”
13.03.1124 “Dwelling Unit.”
13.03.1126 “Industrial User.”
13.03.1128 “Industrial User Charge.”
13.03.1130 “Person.”
13.03.1132 “Process Wastewater Loading.”
13.03.1134 “Pretreatment of Wastes.”
13.03.1136 “Standard Wastewater Strength.”
13.03.1137 Stormwater Charge.
13.03.1138 “User Charge.”
13.03.1140 “Wastewater Loading.”
13.03.1142 “Wastewater Treatment System.”
13.03.120 Rates and Charges.
13.03.1202 Single-Dwelling Units – Family Day-Care Home.
13.03.1204 Additional Units.
13.03.1206 Commercial Users.
13.03.1208 Combination Domestic/Commercial.
13.03.1210 Industrial Users.
13.03.1212 Large Industrial Users – Monitoring.
13.03.1214 Wholesale Customers.
13.03.1216 Septage Haulers.
13.03.1224 Stormwater Pumpage Connection User Charge.
13.03.1226 Rate Stabilization Fund Contribution.
13.03.130 Equipment – Rates, Monitoring.
13.03.1302 City Water Supplied Commercial, Industrial Users.
13.03.1304 Other Water Supply Sources – Commercial, Industrial Users.
13.03.1306 Flow Monitoring.
13.03.1308 Large Industrial Users.
13.03.1310 Flow Measure – Design, Plans, Instrumentation.
13.03.1312 User Charge Based on Volume.
13.03.1314 Industrial User to Provide Monitoring Access.
13.03.1316 Commercial User Monitoring.
13.03.1318 May Order Additional Monitoring.
13.03.1320 Equipment Installation Deadlines.
13.03.1322 Large User Predischarge Approval.
13.03.140 New Accounts.
13.03.160 Wastewater Analyses and Reports.
13.03.1602 Standard Methods for the Examination of Water and Sewage.
13.03.1604 Laboratory Must be Approved.
13.03.1606 Monitoring-Pretreatment Program.
13.03.1608 Monitoring Results Public.
13.03.170 Adjustments of Charges.
13.03.180 Orders.
13.03.190 Persons Subject to Sewer User Charges.
13.03.9002 Severability.
13.03.0000 Title.
This chapter may also be referred to as the “sewer code.”
[Ord. C30677; Passed: 1/19/1993]
Article I. Definitions
13.03.0100 Definitions.
The following definitions are derived from the City of Spokane sewer code, originally codified and adopted as SMC title 13 by Ordinance No. C26294, passed October 12, 1981, as amended. Additional definitions developed for the City’s wastewater pretreatment program were adopted by the amendments in Ordinance No. C28888, passed October 19, 1987. The ordinance currently codified in this chapter, Ordinance No. C30677, is a further revision of the sewer code with additional pretreatment changes mandated by changes in United States environmental protection agency requirements. These definitions apply to the entire chapter unless otherwise stated or clearly indicated from the context.
[Ord. C30677; Passed: 1/19/1993]
13.03.0103 “Act.”
The “Act” means the Clean Water Act (33 U.S.C. 1251, et seq.).
[Ord. C30677; Passed: 1/19/1993]
13.03.0105 “Applicable Pretreatment Standard.”
The “applicable pretreatment standard” or “applicable standard” for any specified pollutant is the most stringent of the standards reflected in:
A. the prohibited discharge standards, general or specific (SMC 13.03.0404 and 13.03.0406),
B. local limits (SMC 13.03.0416 or imposed by the director),
C. applicable state standards, or
D. categorical pretreatment standards (SMC 13.03.0412).
[Ord. C30677; Passed: 1/19/1993]
13.03.0107 “Approval Authority.”
“Approval authority” means the director of the State of Washington Department of Ecology.
[Ord. C30677; Passed: 1/19/1993]
13.03.0109 “Authorized Representative of the User.”
A. “Authorized representative of the user” means:
1. If the user is a corporation,
a. the president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
b. the manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty persons, or having gross annual sales or expenditures exceeding twenty-five million dollars (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
2. If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively;
3. If the user is a federal, state, or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or his or her designee.
B. The individuals described in subsections (A)(1) through (A)(3) of this section may designate another authorized representative if the authorization:
1. is in writing;
2. specifies the individual or position:
a. responsible for the overall operation of the facility from which the discharge originates, or
b. having overall responsibility for environmental matters for the company; and
3. is submitted to the director.
[Ord. C30677; Passed: 1/19/1993]
13.03.0111 “B.O.D.”
“B.O.D.,” denoting biochemical oxygen demand, is the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Centigrade, expressed in parts per million by weight.
[Ord. C30677; Passed: 1/19/1993]
13.03.0113 “Building Drain.”
“Building drain” is that part of the lowest piping of a drainage system which receives the discharge from piping inside the walls of a structure or building to a point two feet outside the outer face of a structure, wall, or foundation and conveys it to the sewer or to an onsite sewage disposal system.
[Ord. C30677; Passed: 1/19/1993]
13.03.0115 “Categorical Pretreatment Standard” or “Categorical Standard.”
“Categorical pretreatment standard” or “categorical standard” is a limitation of a quantity or concentration of a substance (pollutant) or substance property which may be released into the POTW by new or existing users in existing industrial categories listed in this chapter and 40 CFR section 304.6 and which appear in 40 CFR chapter I, subchapter N, parts 405 through 471. Federal categorical pretreatment standard pollutant discharge limits are promulgated by the EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. 1317).
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: SMC 13.03.0412.
13.03.0117 “Combined Sewer.”
“Combined sewer” is a sewer which conveys any category of wastewater, as permitted by the director, and performs the functions for both a sanitary sewer and a storm sewer.
[Ord. C30677; Passed: 1/19/1993]
13.03.0119 “Composite Sample.”
“Composite sample” means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
[Ord. C30677; Passed: 1/19/1993]
13.03.0121 “Director” or “POTW Director.”
“Director” or “POTW director” means the administrative head of the city wastewater management department.
[Ord. C30677; Passed: 1/19/1993]
13.03.0123 “Discharge” – Direct, Indirect.
A. “Discharge” or “indirect discharge” are identical for purposes of this chapter. Unless otherwise apparent from the context the term means a release of wastewater, sewage, or effluent into the POTW. For purposes of article IV of this chapter, the term does not include releases of wastewater defined as sanitary or domestic sewage in SMC 13.03.0177.
B. “Direct discharge” refers to any release of wastewater, sewage, or effluent into the outside environment or natural outlet.
[Ord. C30677; Passed: 1/19/1993]
13.03.0125 “Grab Sample.”
“Grab sample” means a sample which is taken from wastewater or a waste stream on a one-time basis without regard to the flow in the wastewater or waste stream and without consideration of time.
[Ord. C30677; Passed: 1/19/1993]
13.03.0127 “Industrial Process Wastewater” or “Process Wastewater.”
A. “Industrial process wastewater” or “process wastewater,” also sometimes referred to as “nondomestic sewage” or by similar terms, is that category of wastewater containing water-carried wastes other than that traditionally derived from human or household customer sources. The term is distinguished from other categories or wastewater identified in SMC 13.03.0215(A).
B. The term includes two subcategories:
1. “Manufacturing process wastewater” is wastewater of a nature, concentration, or constituency traditionally originating from industrial or manufacturing customers. This generally includes sewage from one or more heavy industrial or manufacturing process sources or industrial clean-up procedures. It includes one process discharge or several commingled process discharges.
2. “Nonmanufacturing process wastewater” includes all other process wastewater. This generally includes wastewater from business, institutional, or commercial customers which generate nondomestic wastewater components derived from a business or commercial process other than manufacturing or heavy industry. Examples of included sources are wastewater from commercial laundries, radiator shops and photo finishers, as well as wastewater from vehicles used for storage or transportation of wastewater, such as septic tank pumpers or haulers.
[Ord. C30677; Passed: 1/19/1993]
13.03.0129 “Interference.”
“Interference” means a discharge which, alone or in conjunction with discharge or discharges from other sources:
A. inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal, or
B. causes a violation of any requirement related to the POTW, or
C. would be designated as, or would cause POTW sludge to be designated as, “dangerous waste” under WAC chapter 173-393 (Washington State Dangerous Waste Regulations).
[Ord. C30677; Passed: 1/19/1993]
13.03.0131 “Lateral” or “Lateral Sewer.”
“Lateral” or “lateral sewer” is a sewer to which side or private sewers may be connected from adjacent or vicinal properties. The service area for a lateral is determined by the director of public works based upon generally accepted engineering practices and subject to Spokane municipal practice.
[Ord. C30677; Passed: 1/19/1993]
13.03.0133 “Lower Explosive Limit.”
“Lower explosive limit” is the lowest concentration of a gas-in-air mixture at which a gas can ignite.
[Ord. C30677; Passed: 1/19/1993]
13.03.0137 “National Pretreatment Standards.”
See SMC 13.03.0165.
[Ord. C30677; Passed: 1/19/1993]
13.03.0139 “Natural Outlet.”
“Natural outlet” is any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater. It does not include connections to the City of Spokane POTW, authorized onsite sewage or stormwater disposal systems, or other authorized sewage disposal mechanisms or systems.
[Ord. C30677; Passed: 1/19/1993]
13.03.0141 “New Source,” “New User.”
A. “New source” means:
1. any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, if:
a. the building, structure, facility, or installation is constructed as a site at which no other source is located, or
b. the building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source, or
c. the production of wastewater-generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
2. Construction on a site at which an existing source is located results in a modification, rather than a new source, if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsections (A)(1)(b) or (A)(1)(c) of this section but otherwise alters, replaces or adds to existing process or production equipment.
3. Construction of a new source as defined in this section has commenced if the owner or operator has:
a. begun, or caused to be begun, as part of a continuous onsite construction program:
i. any placement, assembly, or installation of facilities or equipment, or
ii. significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
b. entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase and contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this section.
B. “New source” is distinguished from “new user” in that a new user is a customer who is not initially a user discharging pollutants regulated under article IV of this chapter but who thereafter becomes such a user for whatever reason after commencing operations.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: 40 CFR 403.3(k).
13.03.0143 “Noncontact Cooling Water.”
“Noncontact cooling water” is that category of wastewater consisting of water used for cooling, generally in an industrial or manufacturing process, which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. The term excludes other categories of wastewater identified in SMC 13.03.0215(A).
[Ord. C30677; Passed: 1/19/1993]
13.03.0145 “Nonstandard Strength Sewage.”
“Nonstandard strength sewage” is wastewater accepted for discharge into the POTW but which does not meet the criteria for acceptance as standard strength sewage, whether because of special characteristics, special treatment requirements, special monitoring, or additional handling as a condition of acceptance. Specific criteria defining this class of wastewater are determined by the director, in the exercise of sound discretion, considering the purposes set forth in this chapter, the public health, safety and welfare, and cost and expense to the POTW. The director may further consider average concentrations of total suspended solids, B.O.D. and phosphorus, or other factors and may include any wastewater determined to have any of the following characteristics:
A. Containing more than two hundred fifteen milligrams per liter of suspended solids (TSS), or
B. Containing more than two hundred sixty milligrams per liter of biochemical oxygen demand (B.O.D.), or
C. Any other nonstandard strength sewage, as defined by statute, ordinance, regulation, or director’s order.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: SMC 13.03.0215(B), 13.03.0314, 13.03.0324(B).
13.03.0147 “NPDES.”
“NPDES” refers to the National Pollutant Discharge Elimination System permit program administered by the State of Washington department of ecology.
[Ord. C30677; Passed: 1/19/1993]
13.03.0149 “Onsite Sewage Disposal System.”
“Onsite sewage disposal system” is any system or combination of piping, treatment, or other facilities that store, treat and/or dispose of sewage and effluent on the property where it originates, or an adjacent or nearby property under the ownership of the user of the system or in which the user has a recorded interest for the purpose of maintaining the system on such other property. In general this includes septic tanks.
[Ord. C30677; Passed: 1/19/1993]
13.03.0151 “Pass-Through.”
“Pass-through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES permit, including an increase in the magnitude or duration of a violation.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: 40 CFR 403.3(n).
13.03.0153 “pH.”
“pH” is the negative logarithm of the hydrogen ion concentration.
[Ord. C30677; Passed: 1/19/1993]
13.03.0155 “Pollutant.”
“Pollutant” is any substance proscribed or limited with respect to its introduction into the POTW by the federal or state pretreatment regulatory requirements or by requirements adopted pursuant to this chapter, reflecting the City’s wastewater pretreatment program.
[Ord. C30677; Passed: 1/19/1993]
13.03.0157 “POTW.”
“POTW” means a treatment works as defined by section 212 of the Act which is owned by a state or municipality (as defined by section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal wastewater or industrial wastes of a liquid nature. It also includes public sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term may also refer to the municipality, as defined in section 502(4) of the Act, which has jurisdiction over the discharges to and the discharges from such a treatment works.
[Ord. C30677; Passed: 1/19/1993]
13.03.0159 “Pretreatment.”
“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical, or biological processes, process changes, or by other means, except as prohibited by 40 CFR 403.6(d) and this chapter.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: 40 CFR 403.3(q).
13.03.0161 “Pretreatment Program.”
“Pretreatment program” or “wastewater pretreatment program” is that set of City of Spokane requirements, principally embodied in these definitions and article IV of this chapter, together with regulations, policies, orders and individual permit requirements, and applicable provisions of the Act and title 40 CFR, relating to pretreatment, monitoring, sampling and conditioning of wastewater prior to discharge into the POTW.
[Ord. C30677; Passed: 1/19/1993]
13.03.0163 “Pretreatment Requirements.”
“Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
[Ord. C30677; Passed: 1/19/1993]
13.03.0165 “Pretreatment Standard” or “Standard.”
“Pretreatment standard,” “national pretreatment standard,” or “standard” means:
A. any regulation containing pollutant discharge limits, promulgated by the EPA in accordance with section 307(b) and (c) of “the Act,” which applies to users. This term includes prohibited discharge limits established pursuant to 40 CFR section 403.5, categorical pretreatment standards and federal standards as identified in this chapter.
B. Sources of pretreatment standards include prohibited discharge standards, categorical pretreatment standards and local limits, all as may be more specifically set forth in article IV of this chapter or in rules or regulations promulgated as a part of the City’s pretreatment program.
[Ord. C30677; Passed: 1/19/1993]
13.03.0167 “Private Pump Station.”
“Private pump station” is an appurtenance of a side sewer, private sewer, or onsite sewage disposal system which, alone or conjunction with the side sewer or private sewer, conveys standard strength sewage or effluent by lifting or pumping to another sewer.
[Ord. C30677; Passed: 1/19/1993]
13.03.0169 “Private Sewer.”
“Private sewer” is a sewer not controlled or maintained by a public authority, serving two or more buildings, residences, or properties, constructed by private contract. In general a private sewer differs from a side sewer in that it serves more than one building or structure.
[Ord. C30677; Passed: 1/19/1993]
13.03.0171 “Private Storm Sewer.”
“Private storm sewer” is a storm sewer not controlled or maintained by a public authority or connected to a public sewer or discharged into a natural outlet.
[Ord. C30677; Passed: 1/19/1993]
13.03.0173 “Prohibited Discharge Standards” or “Prohibited Discharges.”
“Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances. For purposes of this chapter these prohibitions appear in SMC 13.03.0404 and 13.03.0406.
[Ord. C30677; Passed: 1/19/1993]
13.03.0175 “Public Sewer.”
“Public sewer” is a sewer which is controlled and maintained by a public authority. The term includes any publicly controlled and maintained sanitary or other, storm, or combined sewer.
[Ord. C30677; Passed: 1/19/1993]
13.03.0177 “Sanitary Sewage.”
“Sanitary sewage,” also sometimes referred to as “domestic sewage,” is that category of wastewater consisting of water-carried wastes from human and household customer sources. The term also includes water-carried wastes from some business, institutional and commercial customers which do not generate wastewater components derived from an industrial or commercial process, as distinguished in SMC 13.03.0127. The term is distinguished from other categories of wastewater identified in SMC 13.03.0215(A).
[Ord. C30677; Passed: 1/19/1993]
13.03.0179 “Sanitary Sewer.”
“Sanitary sewer” is a sewer which conveys sanitary sewage. Additionally the term is used to mean any public sewer except a storm sewer.
[Ord. C30677; Passed: 1/19/1993]
13.03.0181 “Sewage.”
“Sewage” is a combination of the water-carried wastes from domestic, business or commercial, industrial or manufacturing sources, including residences, business buildings, institutions and industrial establishments. “Sewage” also includes surface water and stormwater when discharged into a sewer.
[Ord. C30677; Passed: 1/19/1993]
13.03.0183 “Sewer.”
“Sewer” is a pipe, conduit, structure, or appurtenance for conveying sewage. These definitions further identify this term according to who owns or maintains the sewer: private sewer, private storm sewer, side sewer, special side sewer, as opposed to public sewer. In general, public sewers are also subdivided according to what the convey: sanitary sewer, storm sewer and combined sewer.
[Ord. C30677; Passed: 1/19/1993]
13.03.0185 “Wastewater Maintenance Supervisor.”
“Wastewater maintenance supervisor” is a City official who reports to the director and is responsible for inspecting the work of crews engaged in public sewer construction activity, including extensions, repairs, maintenance and new construction. This person oversees repair, maintenance and cleaning operations for public sewers. This person also regulates construction, use and maintenance of publicly owned catch basins and drains. This person inspects onsite sewage disposal systems in coordination with the health officer.
[Ord. C30677; Passed: 1/19/1993]
13.03.0187 “Side Sewer.”
“Side sewer” is a sewer, not directly controlled or maintained by a public authority, which begins two feet outside the outer face of a structure wall or foundation, conveying wastewater from the building drain to a public sewer or private sewer.
[Ord. C30677; Passed: 1/19/1993]
13.03.0189 “Side Sewer Stub.”
“Side sewer stub” is that portion of a side sewer, constructed along with the public sewer, prior to direct connection to the premises to be served.
[Ord. C30677; Passed: 1/19/1993]
13.03.0191 “Significant Industrial User.”
“Significant industrial user” means:
A. all users subject to categorical pretreatment standards, and
B. any other user that:
1. discharges an average of twenty-five thousand gallons per day or more of process wastewater to the POTW, excluding sanitary sewage, noncontact cooling water and boiler blowdown wastewater. As used herein, “boiler blowdown water” means specially treated water to render it suitable for use inside high pressure boilers;
2. contributes process wastewater which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3. is designated as such by the director on the basis that the user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement (in accordance with this chapter or 40 CFR 403.8(f)(6); and
C. any user so designated by ordinance, or by regulation or order of the director, considering pollutant characteristics, the concentration or mass loading limits established by federal or state standards or by standards locally developed to address POTW or environmental conditions.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: 40 CFR 403.3(t).
13.03.0193 “Slugload.”
“Slugload” means:
A. Any discharge at a flow, rate, or concentration which could cause a violation of the prohibited discharge standards in this chapter, or
B. Any discharge not of a routine, regular, or episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge.
[Ord. C30677; Passed: 1/19/1993]
13.03.0195 “Special Side Sewer.”
“Special side sewer” is a side sewer connected to a lateral or other public or private sewer which is outside the normal service area of said sewer, as determined by the director of wastewater management in the exercise of sound discretion. Unless otherwise indicated or required by the context, all side sewer requirements apply to special side sewers.
[Ord. C32762; Passed: 12/11/2000]
13.03.0197 “Standard Strength Sewage.”
“Standard strength sewage” is wastewater which complies with specifications designated by the director, City sewer rates and regulations, or this code as not requiring special treatment, monitoring, or additional handling prior to acceptance by the POTW, considering chemical, physical and organic content, including but not limited to, B.O.D., suspended solids and phosphorus. The director adjusts the definition of “standard strength sewage” in the City Sewer Rates Resolution.
[Ord. C30677; Passed: 1/19/1993]
13.03.0199 “Stormwater.”
“Stormwater” is that category of wastewater consisting of flows occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. The term is distinguished from other categories of wastewater identified in SMC 13.03.0215(A).
[Ord. C30677; Passed: 1/19/1993]
13.03.0201 “Storm Sewer” or “Storm Drain.”
“Storm sewer” or “storm drain” is a sewer which conveys stormwater.
[Ord. C30677; Passed: 1/19/1993]
13.03.0203 “Suspended Solids.”
“Suspended solids” means the total suspended matter that floats on the surface of or is suspended in water, wastewater, or other liquid and which is removable by laboratory filtering.
[Ord. C30677; Passed: 1/19/1993]
13.03.0205 “System of Sewerage.”
“System of sewerage” is the system of sewers, outfalls, works, plants and facilities for wastewater collection, treatment and disposal, or any and all such facilities of the City used or dedicated to provide public sewer service.
[Ord. C30677; Passed: 1/19/1993]
13.03.0207 “Total Solids.”
“Total solids” means all matter that can be removed by total evaporation as contained in the manual of “Standard Methods” under total residue.
[Ord. C30677; Passed: 1/19/1993]
13.03.0209 “Twenty-Four Hour Flow-Proportional Composite Sample.”
“Twenty-four hour flow-proportional composite sample” is a composite sample, taken over a period of twenty-four hours, in which the size and numbers of the individual samples in the composite reflect the discharge rate at the time each individual sample is taken.
[Ord. C30677; Passed: 1/19/1993]
13.03.0211 “Upset.”
“Upset” refers to an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does include noncompliance to the extent caused by:
A. operational error,
B. improperly designed treatment facilities,
C. inadequate treatment facilities,
D. lack of preventative maintenance, or
E. careless or improper operation.
[Ord. C30677; Passed: 1/19/1993]
13.03.0213 “User” or “Industrial User.”
“User” or “industrial user” means any source of discharge, also sometimes referenced as indirect discharge.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: 40 CFR 403.3(b).
13.03.0215 “Wastewater.”
A. “Wastewater” includes anything released into the POTW and generally includes water-carried wastes from domestic, business or commercial, or manufacturing or industrial sources. For purposes of reference four categories of wastewater, based on its generic source are identified in usage:
1. sanitary sewage, as defined in SMC 13.03.0177,
2. stormwater, defined in SMC 13.03.0199,
3. industrial process wastewater or process wastewater, defined in SMC 13.03.0127, and
4. noncontact cooling water, defined in SMC 13.03.0143.
B. Additionally “wastewater” is divided into two general classes for purposes of rates and treatment requirements:
1. standard strength sewage, defined in SMC 13.03.0197, and
2. nonstandard strength sewage, defined in SMC 13.03.0145.
[Ord. C30677; Passed: 1/19/1993]
Article II. Reserved
Article III. General Requirements
13.03.0302 Mandatory Sewer Service – No Rights Created – Charge to Unconnected, Occupied Property.
A. No wastewater, except stormwater, subject to applicable stormwater requirements, may be directly discharged into a natural outlet within the City of Spokane. All wastewater, sewage, wastes and waters, except stormwater, must be discharged into the POTW of the City of Spokane and/or into authorized onsite sewage disposal systems. This obligation applies to the owner of premises and to persons in possession, charge or control of the premises where prohibited discharges either originate or occur.
B. This chapter does not create rights for any individual or group to require construction of public sewers, connection thereto, or otherwise to receive sewer service from the city. The City reserves all rights to deny limit, or curtail service.
C. Charge to Unconnected, Occupied Property.
1. The city council finds that the City is within a sole source aquifer area. Onsite sewage systems serving occupied premises should be discouraged to avoid degradation of the aquifer.
2. Occupied property derives a substantial benefit from the immediate availability of public sewer service, in addition to benefits from specific charges such as a GFC or LID assessments.
3. Onsite sewage systems tend to delay the installation of sewer lines. Because sewers are the deepest utility in underground location, where sewer lines are delayed as an area continues to develop, a substantially greater expense arises to put in sewer lines beneath other utilities and fixtures which have been installed and pavement.
4. The charge for nonconnection of occupied premises to a public sewer where service is available shall be the rate assessed for such sewer service, except where prohibited by law. For purposes of this section, service “availability” is determined by the director, consistent with this chapter.
[Ord. C33362 § 1; Passed: 12/22/2003]
Cross Reference: RCW 35.67.190; RCW 35.67.370, Mobile Home Parks.
13.03.0304 Onsite Sewage Disposal Systems – Policy to Limit.
A. It is the policy and intent of the City of Spokane, the County of Spokane, the Spokane County health district and various other agencies of the state and federal governments that onsite sewage disposal be limited and discouraged and, except where specifically authorized by permit, prohibited in all areas, and that all sewage be discharged into the POTW.
B. No onsite sewage disposal system may be constructed, used, or maintained in the City of Spokane without a written permit from the health officer certifying that it meets the requirements of the health district. Onsite sewage disposal systems must also meet the requirements of the director of wastewater management and this code.
C. An onsite sewage disposal system is not permitted whenever:
1. Public sewer service is available, as defined in subsection (D) of this section, or
2. The premises are occupied by a significant industrial user, or
3. Public health or safety would be adversely affected.
D. Availability of Public Sewer Service.
1. For purposes of this section, except as provided in subsection (D)(2) of this section, public sewer service is available if a street, highway, alley, or easement in which a public sewer is located runs within any point two hundred feet or less from the boundaries of the premises concerned and said premises are located within the design area for the public sewer.
2. Availability may be deferred from the time public sewer service is located within two hundred feet or less of the property concerned, so long as:
a. Sewage disposal service needs are limited to existing residential uses or equivalent, but this does not extend to multiple-family residential needs,
b. The property is not platted and there is no further development or change in land use, and
c. Proximity to a public sewer arises from new construction initiated because of development other than on the premises concerned, and there is not otherwise determined to be a need for public sewer service to said premises.
3. Availability is determined by the director of public works and utilities, in the exercise of reasonable discretion.
E. Every owner, agent, or occupant of any property constructing, using, or maintaining an onsite sewage disposal system after public sewer service becomes available must discontinue use of the onsite facility and connect to the public system (POTW) upon the earliest of:
1. the time the onsite system fails or requires pumping, or
2. within one year after public service became available or so long as deferred under subsection (D)(2) of this section.
[Ord. C32762; Passed: 12/11/2000]
13.03.0306 Proper Connection of All Premises.
A. Every owner, agent, or occupant of any structure or premises used for human occupancy, employment, recreation, or other purposes requiring sanitary facilities, or when the director of wastewater management or health officer shall so order, must construct or cause to be constructed all necessary sanitary facilities and a proper and sufficient sewer for connection to the public sewer in accordance with City requirements unless specifically exempted therefrom in writing by the director of wastewater management.
B. A separate and independent side sewer is provided for each and every building or structure or any premises or property, except as authorized by the director of wastewater management. A private sewer may be permitted in cases of engineering necessity, to prevent or correct a health or safety hazard, or for other good cause, all as determined by the director of wastewater management or health officer.
C. Said side sewer connects said building, structure, or property and all toilets and pipes therein used as receptacle of or conductor of wastewater to the public sewer.
D. Upon discovery of a violation of this section, a notice of noncompliance is given to the owner, agent, or person in possession, charge, or control of the premises which may allow up to thirty days for compliance. A longer or shorter time may be set by the director of wastewater management or health officer as may be deemed necessary to protect the public health and safety. No notice is required prior to or as a condition of taking any enforcement action.
[Ord. C32762; Passed: 12/11/2000]
Cross Reference: Art. VI.
13.03.0308 Easement, Agreement to Maintain Private Sewer.
A. As an additional condition of allowing connection of a private sewer, the property owner may be required to execute and record at his or her expense an easement appurtenant to and for the benefit of premises crossed by a private sewer on a form supplied by the director of engineering services. Said easement is to be in a form approved by the city attorney. It runs with the land and allows perpetual access to said private sewer by all premises crossed. Grantors of property crossed mutually covenant to maintain said sewer for the use and enjoyment of all premises crossed or affected, as determined by the director of engineering services.
B. Said easement is not subject to revocation without the written approval of the director of engineering services. The City has no maintenance or repair obligations for said private sewers.
[Ord. C30677; Passed: 2/12/2001]
[Ord. C32794 § 19]
13.03.0310 Multiple-Dwelling Units – Duties of Owners and Occupants.
A. Every owner, agent and/or person in possession, charge, or control of any hotel, motel, manufactured home park, condominium, apartment house, or other multiple-dwelling unit arrangement has the duty to furnish such fixtures, or other adequate means of disposing of wastewater originating from the premises, as are approved by the director of wastewater management. This section is supplemental to authority which may be exercised by other City officials.
B. In cases of hotels, motels, manufactured home parks, condominiums, apartment houses, other multiple-dwelling unit arrangements, or any other areas the director of wastewater management deems to require public sewer service, the director of wastewater management may require multiple tenants or the property owners to appoint an agent or agents responsible and accountable to the City for making payment for City sewer service, whenever multiple billings are deemed unreliable or inconvenient. Failure of an agent to discharge any duty imposed by this section does not relieve any property owner, tenant, occupant, customer, or any other person of any legal obligation imposed herein and the City reserves all rights and remedies at contract and law.
[Ord. C32762; Passed: 12/11/2000]
13.03.0312 Disorders on Private Premises – Prompt Repairs.
A. When any sewer, pipe, drain, or onsite sewage disposal system located on private premises becomes obstructed, broken, out of order, or otherwise inoperative, the health officer or the city engineer, if the owner of such premises or his/her agent fails to correct the problem after two days’ notice to do so, and upon a determination that the public health and safety is or could be endangered thereby, causes such sewer to be removed, reconstructed, repaired, pumped, altered, or cleansed, as deemed expedient, at the expense of the owner of such premises. No notice is necessary in cases of imminent danger to the public health and safety.
B. Said broken, obstructed, out-of-order, or otherwise inoperative sewers, pipes, or onsite sewage disposal systems are declared public nuisances which may be summarily abated at the sole expense of the premises owner and/or responsible persons, notwithstanding any other provision of this chapter.
[Ord. C30677; Passed: 1/19/1993]
13.03.0314 Nonstandard Strength Sewage – Special Arrangements.
A. Nonstandard strength sewage must be made to conform to standard strength sewage consistent with the requirements of this chapter prior to discharge into the POTW at the generator’s or source’s sole expense and liability.
B. The director may, however, by special agreement or arrangement accept nonstandard strength sewage subject to additional charges and terms as the director deems appropriate.
[Ord. C30677; Passed: 1/19/1993]
13.03.0316 Duty Imposed – Who Is Responsible.
A. Whenever this chapter imposes a duty on any identified person, party, or permit holder, said duty or obligation is imposed on said person, party, or permit holder’s successors in interest, in addition but not by way of limitation.
B. When this chapter imposes a duty or prohibition upon a customer, user, or other responsible party, said duty or prohibition applies, in addition and not by way of limitation, upon the owner, as defined in SMC 1.02.090, of the realty upon which the wastewater source is located and upon all executive officers, managing agents and other persons in charge of the industrial or other facility generating the discharge.
[Ord. C30677; Passed: 1/19/1993]
13.03.0318 Unlawful to Dispose of Sewage.
A. Except as authorized by this chapter, no person may dispose of sewage, water-carried wastes, or polluted waters.
B. Sanitary sewage is disposed of only into a sanitary or combined sewer with proper payment of all fees and charges therefor, or to an authorized onsite sewage disposal system.
C. Industrial process wastewater and noncontact cooling water is disposed of only into a sanitary or combined sewer, or other sewer or place approved by the director, with proper payment of all fees and charges therefor.
[Ord. C30677; Passed: 1/19/1993]
13.03.0320 Prohibited Uses of Sanitary Sewer.
No person may discharge or cause to be discharged any storm sewage into a sanitary sewer.
[Ord. C30677; Passed: 1/19/1993]
13.03.0322 Use of Storm Sewers, Combined Sewers, Natural Outlets.
Except as herein provided no person may discharge or cause to be discharged any wastewater, except stormwater, into a storm sewer. Additionally, notwithstanding the foregoing, noncontact cooling water or other wastewater (some unpolluted industrial process wastewaters) may be discharged upon approval of the city engineer or POTW director and the Washington State department of ecology to a storm sewer, combined sewer, or natural outlet. Any such discharges may not cross over a public walk or way.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: SMC 13.03.0916.
13.03.0324 Prohibited Uses of Public Sewers.
Absolute prohibited uses of a public sewer are stated in SMC 13.03.0406. In addition to these requirements, no person may directly or indirectly discharge or suffer or permit a discharge into any public sewer any of the following without previous written authorization from the director and payment of all required fees and charges therefor:
A. the contents of any tank or container owned or used by any person in the business of pumping, collecting, transporting, or receiving sewage, effluent, septage, or other waste substances, unless said person has obtained prior testing and written consent, as required by the director, and paid all fees assessed for such discharge; or
B. any nonstandard strength sewage.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: SMC 13.03.0145, 13.03.0916.
13.03.0326 Obstructing Sewer Prohibited.
No person may deposit any garbage, rubbish, dead animal, or any substance having a tendency to obstruct the flow of the sewer in any sewer, access portal, manhole, lamphole, flush tank, or sewer opening.
[Ord. C30677; Passed: 1/19/1993]
13.03.0328 Breaking Structures, Appurtenances Prohibited.
No person may break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the POTW, including but not limited to, any portal, manhole, lamphole, catch basin, pump station, power source, supporting structures or substrate, or any part whatsoever or a public sewer.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: SMC 13.03.0916.
13.03.0330 Unauthorized Connection to Public Sewer.
No unauthorized person or entity may uncover, make any connection with, open into, use, alter, damage, or disturb any public sewer or appurtenance thereof without first obtaining written permission from the division of public works and utilities, obtaining permits as required by this code and article VI of this chapter, and paying fees therefor.
[Ord. C32762; Passed: 12/11/2000]
Cross Reference: SMC 13.03.0916.
Article IV. Pretreatment
13.03.0402 Objectives – Application.
A. This chapter establishes a wastewater pretreatment regulatory program for the City of Spokane, consisting of requirements for POTW users, and enables the City to comply with state and federal laws, including the Clean Water Act (33 U.S.C. 1251 et seq.) and the General Pretreatment Regulations (40 CFR part 403). The objectives of this chapter are to:
1. prevent the introduction of pollutants into the City’s POTW that will interfere with the operation of the POTW;
2. prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW;
3. ensure that the quality of the POTW sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations;
4. protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public;
5. improve the opportunity to recycle and reclaim wastewater and sludge from the POTW;
6. provide for fees for the equitable distribution of the costs of operation, maintenance and improvement of the POTW; and
7. enable the City to comply with its NPDES permit conditions, sludge use and disposal requirements and any other federal or state laws to which the POTW is subject.
B. This chapter applies to all persons, customers, or POTW users. It provides for the issuance of wastewater discharge permits; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of cost resulting from the program established herein.
[Ord. C30677; Passed: 1/19/1993]
13.03.0404 Prohibited Discharge Standards – General Prohibitions.
No person may introduce or cause to be introduced into the POTW any substance which:
A. causes pass-through or interference;
B. interferes with, inhibits, or disrupts safe and efficient functions of the POTW, including its treatment process and operational safety;
C. adversely affects the POTW’s physical, biological, chemical, or radiological status;
D. is a cause of any violation of the City’s NPDES permit limitations;
E. prevents or interferes with a City-selected sludge use or disposal program;
F. consists of or contains hazardous or acutely hazardous wastes as defined in the notification requirements under SMC 13.03.0472; or
G. creates, proximately causes, or poses a risk of any adverse impact upon the environment or upon human health or safety.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: SMC 13.03.0324.
13.03.0406 Prohibited Discharge Standards – Specific Prohibitions.
No person may introduce or cause to be introduced into the POTW the following:
A. Any substance which alone or by interaction with another substance causes or tends to cause a fire, explosion, or physical or chemical injury to the POTW, plant operations or processes, or plant personnel. Prohibited substances include, but are not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Celsius using the test methods specified in 40 CFR 261.21. Such substances further include, but are not limited to:
1. alcohol,
2. aldehyde,
3. benzene,
4. bromate,
5. carbide,
6. chlorate,
7. ether,
8. gasoline,
9. hydride,
10. kerosene,
11. ketone,
12. naphtha,
13. perchlorate,
14. peroxide,
15. sulfide,
16. toluene,
17. xylene, and
18. any other substance which the City, the Washington State Department of Ecology, or the EPA has notified the user is a fire hazard or hazard to the POTW;
B. Any substance having corrosive properties capable of causing damage or hazard to structures, equipment, or personnel of the POTW, but in no case wastewater with a pH lower than five or greater than twelve;
C. Substances not adequately shredded or treated sufficiently to allow easy passage of wastewater flows in a public sewer;
D. Any substance, including oxygen demanding materials (BOD, etc.) released in wastewater at a flow rate and/or concentration which will cause interference with the POTW;
E. Wastewater heated to a level which will inhibit biological activity in the POTW resulting in interference, but in no case, wastewater which causes or creates a temperature at the point of entry at the POTW treatment plant exceeding forty degrees Celsius (one hundred four degrees Fahrenheit);
F. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through;
G. Substances which cause, create, or result in the presence of toxic gases, vapors, or fumes within the POTW presenting immediate risk to City personnel health and safety;
H. Any trucked or hauled substances, except at discharge points designated by the POTW;
I. Substances which exceed the POTW’s derived local effluent limitations, or would be designated as “dangerous waste” under WAC chapter 173-303 (Washington State Dangerous Waste Regulations);
J. Any substance which, because of a solid or viscous character, amount, or other reasons, may cause or contribute to obstruction of wastewater flows at any point in the POTW or result in interference;
K. Any toxic, noxious, or malodorous substance in sufficient quantity to create a public nuisance or health hazard, or render the operation, maintenance, or repair of any part of the POTW hazardous or unsafe;
L. Any substance causing the POTW effluent, sludge, or by-product to be unsuitable for safe and lawful environmental release, disposal, recycling, reclamation, or other use, or would make such release, disposal, recycling, reclamation, or other use more difficult or costly;
M. Any substance with an intense or pervasive color not removable in the normal treatment process, including dye wastes and vegetable tanning solutions;
N. Slugload;
O. Wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the director in compliance with applicable federal, state, or other governmental agency regulations;
P. Pollutants above either concentration or mass loading limits established by federal or state standards;
Q. Other substances, including unpolluted water and noncontact cooling water, as may be determined by the director in the exercise of reasonable discretion in consideration of the objectives of the pretreatment program.
The director has the authority to specify by regulation or order specific local limits consistent with 40 CFR 403.5(c) and (d).
[Ord. C33191 § 1; Passed: 3/31/2003]
13.03.0408 Prohibited Discharge Standards – Prevention – To Whom Applicable.
A. Prevention. Pollutants, substances, or wastewater prohibited under SMC 13.03.0404 and 13.03.0406 may not be processed, stored, or accumulated to create a discharge or risk of discharge into the POTW.
B. Application. SMC 13.03.0404 and 13.03.0406 apply to all persons, regardless of whether they are also subject to categorical pretreatment standards or any other federal, state, or local pretreatment standards or requirements.
[Ord. C30677; Passed: 1/19/1993]
13.03.0410 Prohibited Discharge Standards – Affirmative Defenses.
A user has an affirmative defense in any action brought against it alleging a violation of the prohibited discharges in SMC 13.03.0404 and SMC 13.03.0406(C), (D), (E), (F) and (G) where the user can demonstrate that:
A. It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass-through or interference; and
B. Local Limits.
1. A local limit designed to prevent pass-through and/or interference, as the case may be, was developed in accordance with 40 CFR 403.5(c) for each pollutant in the user’s discharge that caused pass-through or interference, and the user was in compliance with each local limit directly prior to and during the pass-through or interference, or
2. If a local limit designed to prevent pass-through and/or interference, as the case may be, has not been developed in accordance with 40 CFR 403.5(c) of the pollutant(s) that caused the pass-through or interference, the user’s discharge directly prior to and during the pass-through or interference did not change substantially in nature or constituents from the user’s prior discharge activity when the POTW was regularly in compliance with the POTW’s NPDES permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: SMC 13.01.100.
13.03.0412 Categorical Pretreatment Standards.
A. The categorical pretreatment standards found at 40 CFR, chapter I, subchapter N, parts 405 through 471 are adopted and incorporated herein by reference as if fully set forth. These standards specify limitations of quantities or concentrations of substances (pollutants) or substance (pollutant) properties which may be released into the POTW by new or existing users in specific industrial categories listed in this chapter, 40 CFR 403.6 and 40 CFR, chapter I, subchapter N. The director may also set local discharge limits considering the requirements of the City’s discharge permit and the pretreatment program. Local discharge limits are promulgated by the director in any manner reasonably calculated to inform a regulated party. The director may hold hearings or offer other opportunities for public input relating to the adoption of local discharge limits reasonably calculated to afford participation of interested parties.
B. When a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
C. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not subject to the same standard, the director imposes an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).
D. A user may obtain from the director a variance from a categorical pretreatment standard if the user shows, in accordance with procedural and substantive provisions of 40 CFR 403.13, in the director’s sound discretion, considering the objectives of the City’s pretreatment program and any evidence presented, that factors relating to the particular user’s discharge are fundamentally different from factors considered by the EPA in developing that particular categorical pretreatment standard.
E. A user may obtain a net gross adjustment to a categorical pretreatment standard in accordance with 40 CFR 403.15.
F. No user may increase the use of potable water or process water in any way, or mix separate waste streams, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the applicable pretreatment standards.
G. The director may impose mass limitations on users using dilution to meet pretreatment standards and in other appropriate cases.
[Ord. C33191 § 2; Passed: 3/31/2003]
13.03.0414 Categorical Violations – Upset Affirmative Defense.
A. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the user can demonstrate, through proper documentation, such as signed and verified contemporaneous operating logs or other reliable evidence, that:
1. An upset occurred and its cause can be identified; and
2. At the time of the upset the user’s facility was operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
3. Within twenty-four hours of becoming aware of the upset the user orally advised the POTW, with a written report following within five calendar days, as follows:
a. providing a description of the discharge and cause of noncompliance, and
b. providing the period of noncompliance, including exact dates and times, or, if not corrected, the anticipated time the noncompliance is expected to continue.
B. Burden of Proof. In any enforcement proceeding the party seeking to establish the occurrence of an upset has the burden of proof.
C. Limitations on Review of Director’s Decision on a Claim of Upset. In the exercise of sound discretion the director reviews any claims that noncompliance was caused by an upset. No director decision made in the course of review constitutes a final action subject to any further appeal or review. Further review or appeal from an adverse director decision of a claim of upset may occur only in an enforcement action brought for noncompliance with categorical pretreatment standards.
D. User Responsibility in Case of Upset. The user must control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, is lost, or fails. (40 CFR 403.16; 46 FR 9439, Jan. 28, 1981, as amended at 53 FR 40615, Oct. 17, 1988)
[Ord. C30677; Passed: 1/19/1993]
13.03.0416 Local Limits.
A. The following pollutant limits, expressed as maximum daily concentrations in process wastewater, measured at the end of the pretreatment facility pipe, or, if no such sampling location, prior to mixing with other process wastewater or noncontact cooling water, apply unless prior written approval of the director has been obtained. No person may discharge or release wastewater into the POTW in excess of the following concentrations or equivalent mass limits set by the director:
Material
Concentration (mg/l)
arsenic
0.94
cadmium
0.11
chromium
5.0
copper
1.4
cyanide
0.49
lead
0.32
mercury
0.2
nickel
3.98
silver
0.43
zinc
7.47
fats, oils and grease
100.0
benzene, toluene, ethyl benzene andxylene (BTEX) = a sum of these four constituents’ analytical results not to exceed 0.5 mg/l
nonpolar material (or total petroleum hydrocarbons) = not to exceed 100 mg/l
B. Consistent with the purposes of the wastewater pretreatment program and in the interest of public health, safety and welfare, the director may adopt additional local limits by regulation.
C. Limits may be established for all users, groups, or specific users. They may be designed to ameliorate temporary or permanent discharge characteristics, or to accommodate any new or special temporary or permanent condition of the POTW, its effluent receiving water, or other environmental problem.
[Ord. C33191 § 3; Passed: 3/31/2003]
13.03.0418 Level of Compliance Effort – Unreasonable Burden.
Every user must use all known, available and reasonable methods of treatment and prevention to achieve compliance with this chapter and the City’s wastewater pretreatment program. In specific instances, upon a showing of unreasonable burden or hardship, the director may limit, relax, or condition discharge requirements, or impose temporary measures, to accommodate reasonable efforts to develop a full compliance effort, consistent with the purpose of the program and in the exercise of sound discretion. The director does not waive federal or state standards. Such waivers are subject to approval by the state department of ecology.
[Ord. C30677; Passed: 1/19/1993]
13.03.0420 Construction of Pretreatment Facilities.
A. Users must construct all necessary wastewater pretreatment facilities to meet the requirements of this chapter and maintain the same in satisfactory operation, all at the users sole expense and liability.
B. Prior to commencing construction a user must submit to the director sufficiently detailed construction plans for the pretreatment facilities and receive approval. Prior to commencing operations, the user must submit operations and maintenance plans and procedures for the director’s approval. Any subsequent proposal for modification, repair, or change of the pretreatment facilities, or methods of operation or maintenance, are further subject to approval by the director. No approval granted excuses a user from full responsibility to comply with the requirements of this chapter.
C. In addition to the approvals referenced above pretreatment facilities are subject to the permit, inspection and other building and construction requirements of SMC title 11 and to the requirements of WAC chapter 173-240 and WAC 173-216-110.
D. For construction requiring Washington State department of ecology approval all plans, specifications and other pertinent information relating to proposed preliminary treatment facilities are submitted to the director and to the state department of ecology for approval and no construction of such facilities may be commenced until such approvals are obtained in writing, fees are paid and approval conditions are met.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: SMC 13.03.0460(C).
13.03.0422 Side Sewer Manhole.
When required by the director the owner of any property served by a side sewer carrying industrial wastewater must, within ninety days of notification, install a suitable manhole or access portal in the side sewer to facilitate observation, sampling and measuring the wastes. Such portal or manhole, when necessary, is accessibly and safely located and constructed in accordance with plans approved by the director. The portal or manhole is installed by the owner at his or her sole expense and liability and maintained by the owner so as to be safe and accessible at all times.
[Ord. C30677; Passed: 1/19/1993]
13.03.0424 Self Monitoring – City Inspections.
A. In order to insure continued compliance with this chapter the director may require any user or customer to submit information on the nature and characteristics of its wastewater or any other information requested by the director within ten days of the request. The director may prepare a form for this purpose and may require periodic updates.
B. Where deemed necessary to assure compliance with this chapter the director may further require any user or customer to install sampling and monitoring equipment as necessary and to maintain the same at all times in a safe and proper operating condition at the user’s or customer’s own expense. All devices used to measure wastewater flow and quality are calibrated to manufacturer’s specifications to ensure their accuracy.
C. The director is authorized to conduct inspection or take samples deemed necessary to enforce this chapter. Where a user or customer has security measures in force which require proper identification and clearance before entry into its premises, the user or customer shall make necessary arrangements with its security resources so that, upon presentation of suitable identification, the City staff will be permitted to enter without delay for the purposes of enforcement or inspections required by this chapter or the director.
D. Users or customers must permit City inspectors or officials, without delay, hindrance, or interference to:
1. inspect any facilities and sewage and set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of user’s or customer’s operations;
2. require a permittee to produce documents and business records for inspection and copying upon the director’s request;
3. take samples of discharge.
E. All users must cooperate fully with the director in his or her efforts to test, monitor, inspect and otherwise enforce this chapter. Required cooperation includes granting entry access to any premises or facility containing a discharge source, treatment system, monitoring or testing facility, or relevant records.
F. No person may alter, tamper with, change, remove, damage, or otherwise interfere with any discharge monitoring device or test, or alter, falsify, conceal, or change any data or information acquired therefrom.
[Ord. C30677; Passed: 1/19/1993]
13.03.0426 Sampling and Analysis.
A. A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. For all other pollutants twenty-four hour flow-proportional composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The director may waive flow-proportional composite sampling for any user that demonstrates that flow-proportional is infeasible. In such cases samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
B. Samples should be taken immediately downstream from pretreatment facilities if such exist, or immediately downstream from the regulated or manufacturing process if no pretreatment exists, or as determined by the director and contained in the users permit. For users subject to categorical standards, if other wastewater is mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e) in order to evaluate compliance with the applicable pretreatment standards.
C. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter are determined in accordance with the current edition of “Standard Methods for the Examination of Water and Wastewater,” a publication of the American Public Health Association, Inc. and/or current EPA-approved procedures (40 CFR part 136), and are taken at the control access portal or manhole provided for in SMC 13.03.0418, or based upon suitable samples taken at said control manhole. In the event that no special access portal or manhole has been required, the control portal or manhole is considered to be the nearest downstream portal or manhole in the public sewer from the point at which the structure is connected.
D. All sample results submitted by or on behalf of a user or customer indicate the time, date and place of sampling and methods of analysis, and certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled more frequently than what was required in its permit, it should submit all results of sampling and analysis of the discharge as part of its self-monitoring report.
[Ord. C30677; Passed: 1/19/1993]
13.03.0428 Wastewater Discharge Permit Required.
A. In addition to any permit that may be required for the construction of pretreatment facilities, there is required a wastewater discharge permit for every significant industrial user (SIU), as further provided in this chapter. Permits are issued to a named person at a specified location, granting the privilege of discharge of SIU wastewater into the POTW. No SIU may discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the director.
B. A permit hereunder confers no property or other vested rights and does not excuse compliance with this chapter. Obtaining a wastewater discharge permit does not relieve a permittee 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.
[Ord. C30677; Passed: 1/19/1993]
13.03.0430 Times to Apply – New Permits, Renewals.
A. Existing SIUs shall apply for a wastewater discharge permit within thirty days of being notified by the director. In addition within one hundred eighty days after either the effective date of a categorical pretreatment standard, or final administrative decision on a category determination under 40 CFR 43.6(a)(4), whichever is later, existing categorical users currently discharging or scheduled to discharge into the POTW must apply for a wastewater discharge permit.
B. At least ninety days prior to the planned commencement of discharge new sources, and sources that become SIUs subsequent to the promulgation of an applicable categorical pretreatment standard, and new users considered by the director to fit the definition of an SIU shall apply for a permit and will be required to submit to the director at least the items listed in SMC 13.03.0432(A) through (E).
C. A new source or new SIU identified under subsection (B) of this section may not commence or continue discharge without first receiving a permit from the director. Such entities are also required to include in their report information on the method of pretreatment they intend to use to meet applicable pretreatment standards. Such entities give estimates of the information requested in SMC 13.03.0432(E) and (F). The director establishes the schedule for completion of all required permit information as necessary.
D. Upon finding that a user otherwise meeting the criteria of “significant industrial user” has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the director may, at any time, on his or her own initiative or in response to a petition received from a user, and in accordance with this chapter and 40 CFR 403.8(f)(6), determine that such user is not a significant industrial user.
E. Permit renewal applications are submitted, in like form as an original application except as modified by the director, one hundred eighty days prior to the expiration of the existing permit. Renewal applications are signed and certified as provided in SMC 13.03.0436. Incomplete, inaccurate, or unsigned renewal applications are returned by the director.
[Ord. C30677; Passed: 1/19/1993]
13.03.0432 Contents of Application.
An application required under SMC 13.03.0426 is intended to also fulfill the requirements of 40 CFR 403.12(b). It must include:
A. Fee. The permit fee as provided in SMC 8.02.071.
B. General Information. The name, address and telephone number of the facility, operator, owners, authorized representative of the user and other identifying information requested by the director.
C. Other Permits. A list of any environmental control permits held by or for the facility.
D. Description of Operations.
1. A description of the nature, average rate of production and standard industrial classification of the operation(s) carried out at the facility;
2. A schematic process diagram which indicates points of discharge to the POTW from the regulated or manufacturing processes.
E. Flow Measurement. The measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
1. industrial process wastewater or any other regulated or manufacturing process streams,
2. for users covered by categorical pretreatment standards, other wastewater or waste streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e),
3. The director may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
F. Measurements of Pollutants.
1. The user must identify the applicable pretreatment standards for each regulated process.
2. In addition the user must submit the results of sampling and analysis identifying the nature and concentration (or mass) where required by the categorical pretreatment standard or by the director of regulated pollutants in the discharge from each regulated or manufacturing process. Both daily maximum and average concentration (or mass where required) must be reported. The sample must be representative of daily operations and conform to sampling and analytical procedures outlined in SMC 13.03.0422.
3. The user must take a minimum of one representative sample to compile those data necessary to comply with the requirements of this section.
4. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) for an industrial user covered by a categorical pretreatment standard, this adjusted limit, along with supporting data, must be submitted as part of the application.
G. Certification. A statement, signed by an authorized representative of the user in accordance with SMC 13.03.0436 and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the user to meet the applicable pretreatment standards and requirements.
1. Where the user’s categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined waste stream formula (40 CFR 403.6(e)) and/or a fundamentally different factors variance (40 CFR 403.13) at the time the user submits the report required by this section, the information required by subsections (F) and (G) of this section must pertain to the modified limits.
2. If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined waste stream formula (40 CFR 403.6)(e), and/or a fundamentally different factors variance (40 CFR 403.13) after the user submits the report required by this section, the information required by subsections (F) and (G) of this section must be submitted by the user within sixty days after the modified limit is approved.
H. Compliance Schedule. If additional pretreatment and/or O and M will be required to meet the applicable pretreatment standards, the application will reflect the schedule by which the user will provide such additional pretreatment and/or O and M. The completion date is this schedule may not be later than the compliance date established for the applicable categorical pretreatment standard.
I. Additional Information.
1. Description of activities, facilities and plant processes on the premises including a list of all raw materials, chemicals and supplies used, received, or stored on site which are or may be discharged to the POTW, whether accidentally or intentionally;
2. Number and types of employees and hours of operations (proposed or actual);
3. Each product produced by the facility, type, amount, process or processes and rate of production;
4. Type and amount of raw materials, including chemicals, utilized, disclosed in average and maximum daily amounts;
5. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation. For each sewer there is further shown an inspection and sampling manhole or other structure with an opening of not less than twenty-four inches in diameter and an internal diameter of not less than thirty-six inches, containing flow measuring, recording and sampling equipment as required by the director;
6. Disclosure of time and duration of discharges;
7. An indication whether pretreatment facilities are necessary to comply with the wastewater pretreatment program;
8. Such other information as may be requested by the director.
J. Acknowledgement. An acknowledgement that the applicant is familiar with the pretreatment standards and requirements applicable to its discharges and possible discharges and a showing that it has developed monitoring and pretreatment programs satisfactory to assure compliance with the best practical available technology;
K. Incomplete or inaccurate applications or applications not signed by an authorized representative of the user are returned and do not comprise compliance with this chapter.
[Ord. C30677; Passed: 1/19/1993]
13.03.0434 Confidentiality.
A. A person submitting or allowing the examination of data required by the director in the performance of the regulatory purposes of the City’s wastewater pretreatment program may, by written request contemporaneous with the disclosure, stating in specific detail the data sought to be protected and the basis of the claim of confidentiality, request the director to keep in confidence information given under the program.
B. The person must segregate from other information the data sought to be protected at the time of submittal.
C. Requests for confidentiality may relate to trade secrets or similar commercially valuable information. Approval of confidentiality is subject to any applicable laws requiring the disclosure of public records information and, further, does not apply to requests by other governmental agencies for purposes relating to the NPDES or pretreatment programs or in any enforcement proceedings relating to this chapter. Wastewater constituents, characteristics, or other “effluent data” as defined in 40 CFR 2.302 may not be granted confidentiality protection.
D. In ruling on confidentiality requests the director, with the advice of the city attorney, may consider the practices of federal and state agencies and the purposes of the program. A determination of confidentiality may be revoked upon reasonable notice to the person who submitted the confidential data.
[Ord. C30677; Passed: 1/19/1993]
13.03.0436 Signing Permit Application, Reports, Other.
All applications, reports and other documents submitted in connection with this chapter must be signed by an authorized representative of the user and include substantially the following certification:
I certify under penalty of law that this document and all attachments were prepared by me or under my direction or supervision. I certify that I have made a diligent inquiry and review of the contents of all submittals and that the contents are true, accurate and complete based upon reliable information-gathering procedures by trained and qualified personnel. I make this certification individually and as an authorized representative of the user.
I further certify that I am familiar with the requirements of the City of Spokane’s Wastewater Pretreatment Program, as reflected in SMC chapter 13.03 and, particularly, article IV thereof, and understand that the user, and myself personally, are subject to significant penalties for false, inaccurate, or incomplete submittals under applicable laws, including fines and the possibility of imprisonment. I understand my personal responsibility to supplement promptly any submittal with updated and additional information as soon as it is known or in the exercise of reasonable care should be known.
[Ord. C30677; Passed: 1/19/1993]
13.03.0438 Decision on Permit Application.
Within thirty days of receipt of a properly completed permit application, including any additional information requested, the director determines whether the permit will be issued and notifies the applicant. Upon a determination to issue the permit public notice is given by publishing the same in the Official Gazette of the City of Spokane for two weeks, with a public comment period of thirty days commencing with the date of first publication. No permit will be final until the evaluation and review of any public comment submitted, including any response thereto by the applicant. Unless the director determines a need exists for additional time, permit comments are reviewed and the permit becomes final, or other action is taken thereon, within thirty days after the last date to receive public comment.
[Ord. C30677; Passed: 1/19/1993]
13.03.0440 Permit Terms Required.
The director determines permit terms consistent with this chapter. A permit includes the following terms:
A. duration (in no case more than five years);
B. statement of nontransferability without prior notice and approval in accordance with this chapter, with copy of the existing wastewater discharge permit to the new owner or operator;
C. effluent limits based on:
1. applicable general pretreatment standards in 40 CFR part 403 and this article,
2. categorical pretreatment standards,
3. local limits, and
4. any other state and local laws or regulations;
D. self-monitoring, sampling, reporting, notification and record-keeping requirements, including an identification of the pollutants or substances to be monitored, sampling locations, sampling frequency and sample type, based on the applicable general pretreatment standards in 40 CFR part 403 and this article, categorical pretreatment standards, local limits and state and local laws and regulations;
E. a statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule (which schedules may not extend a compliance date beyond applicable federal deadlines);
F. a statement of the possibility for permit modifications or revisions because of changing requirements in this chapter, the needs of the POTW, the public health and safety, to incorporate specific orders or an EPA promulgation of new federal pretreatment standards, additional state requirements, or other reasonable basis. A permit omission does not excuse compliance with this chapter.
[Ord. C30677; Passed: 1/19/1993]
13.03.0442 Permittee Obligations.
A. The following requirements apply to all persons required to apply for a wastewater discharge permit, applicants and permittees. They are requirements of issuance and continued validity of all permits.
1. Compliance with all provisions of this chapter, including applicable pretreatment standards and requirements, any regulations and orders issued pursuant to this chapter and any specifically stated permit conditions;
2. Submission of true, accurate and complete application and reporting information and prompt addendum or update for any information changes;
3. Obtaining all other permits and approvals required by law.
B. No discharge may contain any new or increased pollutants or change the nature of pollutants when such discharge would not meet the applicable pretreatment standards, or would cause the POTW to violate its NPDES permit requirements.
[Ord. C30677; Passed: 1/19/1993]
13.03.0444 Slugload Control Plan.
A. Every two years or sooner significant industrial users are evaluated as to the need for a plan to address slugload problems. The results of such activities are available to the approval authority upon request.
B. When required slugload control plans include:
1. a description of discharge practices, including nonroutine batch discharges;
2. a description of stored chemicals;
3. procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b) or this chapter, with procedures for follow-up written notification within five days;
4. where required by the director, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures and equipment, measures for containing pollutants (including solvents) and/or measures and equipment for emergency response;
5. a review of any requirements or suggestions from the state department of ecology.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: 40 CFR § 403.8(f)(2)(v).
13.03.0446 Permit Performance Security.
When deemed necessary in the exercise of reasonable discretion the director may issue orders or develop regulations respecting the posting of surety or other bonds to insure full performance of all permit requirements to enhance and assure enforcement capability, either for a specific applicant or class, or in general. If a bond is required, its renewal may be a condition of continued validity of a permit.
[Ord. C30677; Passed: 1/19/1993]
13.03.0448 Permit Transfer.
A. Permit holders submit requests for transfer of permit privileges and duties in writing to the director. Such a request reflects:
1. permittee and transferee full name and address,
2. the reason for the transfer request and a proposed date for the transfer,
3. a statement that the transferee is fully familiar with permit conditions and facility operations, understands and accepts the obligations for full permit compliance, and that no requests for permit modifications are planned or reasonably forseeable. (Any request for permit modification is handled under SMC 13.03.0450.) The transfer request must be signed and certified as provided in SMC 13.03.0436 by an authorized representative of the permittee and proposed transferee.
B. Requests, including any additional information required by the director, must be provided no later than thirty days prior to the proposed effective date, unless otherwise approved in writing by the director.
C. Failure to obtain approval prior to transfer renders any permit automatically void as of the date of the facility transfer.
[Ord. C30677; Passed: 1/19/1993]
13.03.0450 Permit Modification.
For good cause the director may modify a permit. Good cause includes:
A. to incorporate new or otherwise determined applicable federal, state, or local requirements not included in the permit, including revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
B. where deemed necessary by the director, because of changes in the POTW related to the need for temporary or permanent reduction or elimination of permitted discharges;
C. where deemed necessary by the director, because of safety or efficiency of operations of the POTW or safety of the receiving waters or other environmental concerns or safety of City personnel;
D. to address violations of a permit or because of misrepresentations or misunderstandings about information supplied or not included in the director’s permit file;
E. because of typographical or clerical errors;
F. Upon application, because of a transfer of ownership of the permittee’s facility or other significant permittee business changes since the time of permit issuance, upon a showing of unreasonable burden, as provided in SMC 13.03.0418. No modification may be granted because of transfer unless the permit is transferred in accordance with SMC 13.03.0448.
[Ord. C30677; Passed: 1/19/1993]
13.03.0452 Permit Revocation.
A. The director revokes a permit for good cause. Good cause includes, but is not limited to:
1. violation of the permit or this chapter, including any applicable pretreatment standard, permit condition, or order of the director;
2. misrepresentation or inaccurate or incomplete information or data in the permit application or any other report or document submitted by the permittee or required to be submitted by the director or this chapter;
3. failure to update any information or data previously submitted or to notify the director of changed conditions under SMC 13.03.0466 or significant changes planned or experienced in the permittee’s wastewater discharge;
4. falsifying or failing to timely submit self-monitoring reports, or tampering with monitoring equipment;
5. failure to meet effluent limitations, compliance schedules, or other reporting or monitoring requirements;
6. failure to allow the director or a director’s designee access to records or the premises for inspection or other enforcement purposes;
7. failure to complete, supplement and timely submit a permit application, transfer, or modification request, or commencement of operations for which permit action is requested prior to approval of the same;
B. Upon issuance of a new permit or granting of a request for transfer or modification, any prior permit issued is automatically revoked and void.
[Ord. C30677; Passed: 1/19/1993]
13.03.0454 Appeals.
A. Appeals from the director’s decision respecting any permit or application must be submitted in writing and filed with the office of the hearing examiner, with service on the director, not later than thirty days from the issuance date given by the director for his or her decision. An appeal must also be served on the permit applicant if the appealing party is other than the applicant.
B. An appeal must:
1. specify the identity and interest of the party appealing;
2. specify the decision or parts of the decision to which the appeal is directed, the reasons for the appeal, including a summary of facts and legal authorities, and any alternatives to the decision desired to be considered;
3. contain copies of any permit application or permit granted which relate to the subject matter of the appeal or clearly reference all documents or other information to support the appeal;
4. if the appellant is a permit holder or applicant, be signed and certified as provided in SMC 13.03.0436.
C. Untimely, incomplete, or unsigned appeals will be returned by the hearing examiner. Upon receipt of a timely, signed appeal in proper form the hearing examiner publishes in the Official Gazette notice of the appeal with a time and place for a hearing thereon, which is no later than forty-five days from the date the appeal is received. The hearing examiner proceeds to conduct the hearing with such procedures deemed necessary or convenient to the hearing process.
D. Upon conclusion of the hearing and submittal of any additional material requested by the hearing examiner a decision on the merits is entered within twenty days. The hearing examiner may affirm, reverse, or modify the director’s decision. The hearing examiner’s decision is final.
E. Failure to file and serve a timely appeal in proper form waives the right to seek further administrative review and the applicant will be deemed to have accepted the director’s decision.
F. The effectiveness of the director’s decision is not stayed or superseded pending further appeal or review unless ordered by the director, conditioned upon the posting of such security or other actions as the director may require.
[Ord. C30677; Passed: 1/19/1993]
13.03.0456 Wastewater from Other Jurisdictions – Interlocal Agreements.
A. Acceptance by the POTW of wastewater originating from locations outside the boundaries of the City of Spokane is contingent upon satisfying the requirements of this section.
B. Any other governmental entity with jurisdiction over any person, customer, or user desiring to discharge or continue discharging wastewater into the POTW must adopt an appropriate ordinance, regulation, or resolution. Such action must contain provisions substantially:
1. delegating all enforcement powers to the City of Spokane and the director, as agent of such other governmental entity, and pledging to pay all enforcement costs not encompassed in permit fees or sewer service rates; or
2. reserving specified powers or functions to the enacting governmental entity, but providing further that in the event of any failure or default by said entity in the performance of reserved functions or powers, the director, upon reasonable notice of election to do so, may assume said powers or functions as agent of and at the expense of the enacting governmental entity.
C. A contributing governmental entity must further enter into an interlocal agreement with the City in conformity with RCW chapter 39.34 as the same may apply, which agreement includes the following information and terms:
1. general constituents and volumes of wastewater discharged;
2. a list of all sewer service customers in the contributing government’s territorial jurisdiction, and a promise to maintain and update such list on at least an annual basis, together with any other information requested by the director;
3. agreement by the contributing government to adopt an ordinance, regulation, or rule at least as stringent as this chapter with respect to the requirements of this article, and to update the same to conform to changes in City’s ordinances;
4. which regulatory responsibilities enunciated in this chapter are to be performed by which governmental entity;
5. agreement that all permit applications, reports, data, inspections, or other documents relating to extraterritorial discharges are accessible by the director and not protected by any right of confidentiality or privilege, and that the director has a right of direct access to and inspection of any extraterritorial source of wastewater, including facilities, operations, sampling or monitoring equipment, logs, or data in whatever form;
6. any desired limits on the constituents or volumes of wastewater originating from the contributing governmental entity; and
7. remedies for breach.
[Ord. C30677; Passed: 1/19/1993]
13.03.0458 Baseline Monitoring Report.
A report with items listed in SMC 13.03.0432(B) through (H) must be submitted to the director, signed as provided in SMC 13.03.0436, as follows:
A. Based upon the Effective Date of Federal Determination. Users with planned or existing wastewater discharges which are or become subject to categorical standards must submit a baseline monitoring report described in SMC 13.03.0460(B) to the director within one hundred eighty days after the effective date of either a categorical pretreatment standard or final administrative decision on a category determination under 40 CFR 43.6(a)(4), whichever is later.
B. Prior to Commencement of Discharge into the POTW. At least ninety days prior to the planned commencement of discharge, a new source or other user seeking to discharge wastewater subject to categorical standards after an applicable categorical standard has been promulgated must submit a report with items listed in SMC 13.03.0460(B) to the director.
[Ord. C30677; Passed: 1/19/1993]
13.03.0460 Compliance Schedules – Progress Reports.
A. For compliance schedules in the baseline monitoring report (SMC 13.03.0432(H)) such schedule must contain increments of progress 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. Incremental tasks include hiring an engineer or other personnel, completing preliminary plans, completing final plans, executing contract for major components, commencing construction and completing construction. No time lapse between incremental tasks may exceed nine months.
B. No later that fourteen days following each date in the schedule and the final date for compliance, the user must submit to the director a progress report including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event may more than nine months elapse between such progress reports.
C. New sources must install, have in operating condition and “start up” all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: SMC 13.03.0420.
13.03.0462 Ninety-Day Compliance Report – Categorical Pretreatment Standards.
A. Within ninety days following the date for final compliance by a user with applicable categorical pretreatment standards, or in the case of a new source within ninety days following commencement of discharge, a compliance report, signed as required in SMC 13.03.0436, must be submitted to the director. The report must contain those items listed in SMC 13.03.0432(E) through (G).
B. For users subject to equivalent mass or concentration limits established by the director in accordance with procedures established in 40 CFR 403.6(c) this report must contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation) this report must include the user’s actual production during the appropriate sampling period.
[Ord. C30677; Passed: 1/19/1993]
13.03.0464 Semi-Annual Continuing Reports.
A. Upon a schedule determined by the director all SIUs are required to submit to the director a report indicating the nature of the effluent over the previous reporting period. The frequency of monitoring is as prescribed within the wastewater discharge permit. At a minimum the user’s discharge is to be sampled at least twice per year. The report must be signed in accordance with SMC 13.03.0436 except to the extent sampling is through direct City monitoring.
B. Sampling is to be representative of the user’s daily operations and taken in accordance with the requirements specified in SMC 13.03.0426. Wastewater monitoring and flow measurement facilities must be properly operated, cleaned and maintained in good working order. Failure to accomplish this is not grounds for a user to deny that a sample is representative.
C. User monitoring more frequently than required by the director is included in any report if in accordance with the specifications of SMC 13.03.0426.
D. The director may require self-monitoring by the user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section at the user’s expense. Charges are added to the normal sewer charge and are payable as part of the sewer utility bill. The director is under no obligation to perform periodic compliance monitoring for a user.
[Ord. C30677; Passed: 1/19/1993]
13.03.0466 Changed Condition Report.
A. Each user must notify the director of any planned significant changes to the user’s operations, system, or processes which significantly affect the user’s wastewater nature, constituents, quality, characteristics or volumes, or storage of chemicals, including the commencement of discharge of any prohibited or limited substance and the addition of any process covered by the national categorical pretreatment standards, occurring since previous information was submitted. For purposes of this requirement significant changes include, but are not limited to, flow increases of twenty percent volume or greater, either of a pollutant or total volume, or the discharge of any previously unreported pollutant.
B. User notification must be signed in accordance with SMC 13.03.0436 and received by the director at least thirty days before the change. Where a change was unplanned and not reasonably forseeable, the report must be filed with the director promptly (within three business days) after any change in operations. Such report does not excuse full compliance with permit conditions. Additionally users remain responsible to obtain the director’s approval prior to initiating any discharge in violation of an applicable standard.
C. The director may require the user to submit any additional information deemed necessary, including filing an application for a wastewater discharge permit, in whole or in part. The director may determine a user is an SIU, issue a wastewater discharge permit, or modify or revoke an existing permit.
D. Any SIU holding a wastewater discharge permit, incorporating equivalent mass or concentration limits must notify the director within two business days after the permittee has a reasonable basis to know that the production level will significantly change within the next calendar month. Any permittee not providing a notice of such anticipated change will be required to comply with the existing limits contained in its permit.
[Ord. C30677; Passed: 1/19/1993]
13.03.0468 Slugload, Upset and Prohibited Discharge – Reports and Notices.
A. All users are required to provide immediate telephonic notification to the director upon the occurrence of a slugload, upset, or any other prohibited discharge. The notification must include the location, date and time of the discharge, type of waste, concentration and volume and indicate corrective actions taken and proposed. For record-keeping purposes users retain a record for City inspection of the user callers identity, time of call and person reached.
B. The user must file with the director within five calendar days following the discharge a written report:
1. describing the occurrence, its cause and its impact upon the users compliance with the wastewater pretreatment program and wastewater discharge permit,
2. stating the duration of the noncompliance in exact dates and times and, if noncompliance is continuing, the expected time of compliance, and
3. detailing steps which have been and will be taken to correct the violation and prevent a recurrence.
C. A timely filed report, with good and complete documentation, signed by an authorized representative of the user and accepted as complete and accurate by the director, constitutes a defense to a criminal enforcement action brought by the City for violation of this chapter or the wastewater discharge permit against a user to the extent the violation occurred during the period of upset or other accident. However, submittal of such report does not relieve the persons responsible of any expense, loss, damage, or other liability which may be incurred, including liability for damages sustained by the City or third parties.
D. Every user must post and maintain in a prominent place a notice to employees advising them whom to call in the event of a prohibited discharge and insure that all employees are advised of the emergency notification procedure.
[Ord. C30677; Passed: 1/19/1993]
13.03.0470 Sample Violation Report.
If sampling performed by a user indicates a violation, the user must notify the director within twenty-four hours of becoming aware of the violation. The user must also repeat the sampling within five days and submit the results of the repeat analysis to the director within thirty days after becoming aware of the violation; except the user is not required to re-sample if:
A. The director performs sampling at the user at a frequency of at least once per month, or
B. The director performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
[Ord. C30677; Passed: 1/19/1993]
13.03.0472 Hazardous Waste Notification.
A. Existing users that are discharging fifteen kilograms of hazardous wastes as defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) are required to provide a one-time notification in writing to the director, the EPA regional waste management division director, or the Washington State Department of Ecology Hazardous Waste Division. Any existing user exempt from this notification must comply with the requirements contained herein within thirty days of becoming aware of a discharge of fifteen kilograms of hazardous wastes in a calendar month or the discharge of acutely hazardous wastes to the POTW.
B.
1. Such notification includes:
a. the name of the hazardous waste as set forth in 40 CFR part 261,
b. the EPA hazardous waste number,
c. the type of discharge (continuous, batch, or other).
2. If a user discharges more than one hundred kilograms of such waste per calendar month to the sewer system, the notification also contains the following information to the extent it is known or readily available to the user:
a. an identification of the hazardous constituents contained in the waste stream,
b. an estimation of the mass and concentration of such constituents in the waste streams discharged during the calendar month, and
c. an estimation of the mass of constituents in the waste streams expected to be discharged during the following twelve months.
C. These notification requirements do not apply to pollutants already reported under the self-monitoring requirements.
D. Whenever the EPA publishes final rules identifying additional hazardous wastes or new characteristics of hazardous waste, a user must notify the director of the discharge of such a substance within ninety days of the effective date of such regulations.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: SMC 13.03.0404(F).
13.03.0474 TTO Reporting.
A. Users which are required by the EPA to eliminate and/or reduce the levels of total toxic organics (TTOs) discharged into the POTW must follow the categorical pretreatment standards for that industry.
B. Those users must further:
1. sample for all the organics listed under the TTO limit (no exceptions); and
2. reduce or eliminate levels of TTOs at the facility.
C. If a user elects to develop a solvent management plan in lieu of continuously monitoring for TTO, it must file with the director certification statements at such intervals as determined by the director as part of its self-monitoring report that there has been no dumping of concentrated TTOs into the wastewater and that it is implementing a solvent management plan as approved by the director.
[Ord. C30677; Passed: 1/19/1993]
13.03.0476 Bypass Notification.
A. For purposes of this section:
1. “Bypass” means the intentional diversion of wastewater or waste streams from any portion of the user’s facility;
2. “Severe property damage” means major physical damage to real or personal property to the extent that treatment facilities would be caused to become inoperable, or substantial and permanent loss of natural resources, except severe property damage does not mean economic loss caused by delays or shut downs in production. In general, the expenses created by the damage should exceed one hundred thousand dollars.
B. If a user knows in advance of the need for a bypass, it must submit a written request for approval to the director, at least ten days before the date of the bypass. A user must give oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the director within twenty-four hours from the time the user becomes aware of the bypass. A written submission must also be provided within five days of the time the user becomes aware of the bypass. The written submission contains:
1. a description of the bypass and its cause,
2. the duration of the bypass, including exact dates and times, if the bypass has not been corrected, the anticipated time it is expected to continue, and
3. steps being taken or planned to reduce, eliminate and prevent reoccurrence of the bypass.
C. The director may waive the written report requirement on a case-by-case basis if the oral report has been received within twenty-four hours.
D. Unapproved bypasses are a violation of this chapter unless the responsible party establishes to the director’s satisfaction that:
1. The bypass does not cause pretreatment standards or requirements to be violated and it is for essential maintenance to assure efficient facility operations, or
2. The bypass was unavoidable to prevent bodily injury or loss of life, or severe property damage, or
3. No feasible alternatives exist, such as use of auxiliary treatment facilities, retention of untreated wastes, revised maintenance schedules during plant downtime and like options, and
4. The user submitted the notices as provided in subsection (B) of this section.
E. The defenses in subsection (D) of this section do not apply if adequate back-up equipment could have been installed in the exercise of reasonable engineering judgment and forseeability.
[Ord. C30677; Passed: 1/19/1993]
13.03.0478 Retention of Records.
A. All users, customers and persons submitting or required to submit information under the provisions of this chapter are required to retain and preserve for no less than three years all records, books, documents, memoranda, reports, correspondence and summaries thereof. With respect to monitoring requirements, information required to be kept and maintained specifically includes the date, exact place, method, time of sampling, name of sampler, dates any analyses were performed and who performed the analysis.
B. All records pertaining to a matter which is the subject of an enforcement action or litigation must be retained and preserved until all enforcement activities and litigation have concluded and all periods of limitation for all appeals have expired.
C. Records or materials required to be maintained are made available for inspection and copying by the director at a location within the city or County of Spokane, in format for convenient access.
[Ord. C30677; Passed: 1/19/1993]
13.03.0480 Director’s Authority.
A. In the exercise of sound discretion and in consideration of the purposes of the program and the interests of public health, safety and general welfare the director administers and interprets the City’s wastewater pretreatment program and this chapter and determines all questions arising hereunder. The director’s decisions are final except as otherwise specifically provided.
B. The director may establish rates or charges for items not otherwise specifically addressed by ordinance or resolution. The director may promulgate regulations, including to prohibit specific discharges. Unless the director employs another method, generally applicable regulations are approved by the city council and published once in the Official Gazette thirty days in advance of their effective date. Users are encouraged to subscribe to the Official Gazette.
C. The director may issue warning notices and enforcement orders to entities as necessary to enforce the program upon such reasonable notice as the director deems proper.
D. The director may take such remedial measures as the director deems necessary to enforce the program, including intervention and takeover of a user’s pretreatment, monitoring and testing efforts, direct development and correction of the same, and/or adapting or adjusting user’s activities responsible for a violation. The director may require the installation of such preventive devices and the modification of such processes and activities deemed necessary to avoid future violations. Where the director deems necessary for enforcement, as a corrective measure, or to protect the public health and safety, sewer or water service to the premises concerned may be stopped, suspended, restricted, or conditioned, with or without a show cause proceeding. All actions taken pursuant to the authority of this chapter are at the user’s sole expense and liability.
E. The director may establish procedures to resolve disputed questions of fact or liability within the scope of the director’s authority and may subpoena witnesses, take testimony, require the submission of verified statements, records and samples.
F. The director may order a public hearing on a permit application when questions of general public interest may arise. The hearing may be convened by the director or referred to the City’s hearing examiner. The director may publish, at the applicant’s expense, notice of a permit issued in the Official Gazette or other newspaper of general circulation.
G. The City, acting through the director, reserves and asserts all right and authority to enforce state or federal pretreatment requirements as an agent of the state or federal government or as a participating agency in a POTW, and to recover the costs of such enforcement from the violator, the delegating agency, or a participating agency as the law may allow.
H. The City further reserves the right, either directly or through a POTW participating agency, to negotiate compliance as a contractual condition of providing public sewer or water service, including liquidated damages, specific performance and other contractual remedies for breach.
[Ord. C30677; Passed: 1/19/1993]
13.03.0482 Enforcement Remedies.
In addition to the general provisions above the director is specifically authorized and empowered to use any of the enforcement remedies listed below, not by way of limitation of any other emergency or enforcement action against a user or violator, including civil or criminal prosecution. Failure of an affected party to respond in a timely manner or to abide by the result of any administrative proceeding initiated under this section is deemed a waiver of the affected party’s right to exhaust available administrative remedies, consent to entry of an adverse determination, and a violation of this chapter.
A. Notice of Violation. Where the director finds a person or entity subject to this chapter has violated any provision hereof, the director may issue a notice of violation, requiring the recipient to explain the violation and submit a remedial plan to correct the same within ten days of receipt of the notice or other time set forth therein.
B. Consent Order. The director may enter an administrative or judicially sanctioned consent order establishing agreement with any user or other person regulated under the authority of this chapter. Such order states any specific action agreed upon between the parties, the costs and responsibilities, a time period for compliance and any specific penalties, forfeitures of bond or other security required to be posted or other consequences. Such orders may contain a provision of no contest to the entry of a judgment of forfeiture or other appropriate relief in the event of violation of the consent order.
C. Show Cause Order. Whenever the director determines that there is or may be a violation of any provision of this chapter, including regulations and orders made hereunder, the director may require any person, upon ten days’ notice or in such other time as is deemed proper, to show cause why sewer service and discharge permit privileges should not be suspended, conditioned, or revoked, or other enforcement consequences occur on account of circumstances appearing to the director. The order, further, may require a person to establish proof of compliance. The show cause order is served personally or by certified mail upon the party affected. Specific grounds for termination of sewer service include:
1. violation of wastewater discharge permit terms or conditions,
2. failure to submit timely and accurate reports or data required under this chapter,
3. refusal of records or access to premises required under his chapter, and violation of the prohibited discharge, categorical standards, or local limits set forth in SMC 13.03.0404 through 13.03.0416.
D. Public Nuisance. Violation of any requirement imposed under the authority of this chapter is, in addition, a public nuisance and subject to summary abatement or the commencement of a judicial proceeding to abate the same, all at the violating party’s sole expense and liability.
E. Emergency Action.
1. The director may immediately, with or without such notice and hearing as deemed expedient or proper, suspend a users discharge to prevent or avoid danger to the environment or to the public health and safety, including the continued safe and efficient operation of the POTW and the safety of POTW personnel.
2. To accomplish the suspension the director may take all due and necessary action, including severance or obstruction of any sewer connection, whether on public or private property, until the director is satisfied the danger is removed.
F. Civil or Criminal Prosecution. The director may request the city attorney to initiate any civil or criminal prosecution, including seeking of a permanent or temporary injunction to restrain or compel the performance of any action or duty as required under the authority of this chapter.
[Ord. C30677; Passed: 1/19/1993]
13.03.0484 Enforcement by City and Other Governmental Agencies – No Rights or Duties Created.
A. The State of Washington department of ecology, operating within its lawful authority, is the primary regulatory agency designated in accordance with federal and state law to oversee and assist in the development, implementation and enforcement of the requirements of the City’s wastewater pretreatment program.
B. The City invokes its rights, powers and protections as a municipal corporation of the State of Washington, as a utility purveyor and as a delegate agency and enforcement arm of federal, state and local governmental agencies relating to wastewater pretreatment.
C. Any provision of the City’s wastewater pretreatment program may be enforced either pursuant to inherent or delegated regulatory powers and/or as a condition of continued connection to and sewer service from the POTW. These options are cumulative and not alternative.
D. The City’s wastewater pretreatment program does not confer rights upon or create any duty towards any person, including any permittee under the program. The program remains at all times subject to change by federal, state and local governmental agencies as may be required to accomplish the purposes of the Act or to promote the public interest.
[Ord. C30677; Passed: 1/19/1993]
13.03.0486 Publication of Violators.
A. The director causes to be published at least annually in the largest city daily newspaper a list of users who, at any time during the previous twelve months, were in significant noncompliance, as determined by the director under this section, with applicable pretreatment standards.
B. For the purposes of this section a user is in significant noncompliance if its violation meets one or more of the following criteria:
1. is a repeated violator of applicable pretreatment standards or requirements or other wastewater discharge limits, defined as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
2. is a violator of technical review criteria (TRC), defined as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC equals one and four tenths for BOD, TSS, fats, oil and grease and one and two tenths for all other pollutants except pH);
3. violates other pretreatment effluent limits (daily or longer-term average) that the director determines have caused, alone or in combination with other discharges, interference or pass-through, or that endangered the health or safety of POTW personnel or the general public;
4. discharged a pollutant that has endangered human health or welfare or created significant environmental damage or has resulted in the director’s exercise of emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
5. failed to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
6. failed to provide, within thirty days after the due date, required reports, such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
7. failed to accurately report noncompliance;
8. is responsible for any other violation or group of violations which the director determines adversely affect the operation or implementation of the wastewater pretreatment program.
[Ord. C30677; Passed: 1/19/1993]
Article V. Grease, Oil, Sand Interceptors
13.03.0502 Grease Traps.
In all cases where a structure is used as a hotel, boardinghouse, or restaurant, or where required by the building official or health officer, the owner must provide a properly constructed grease trap through which all wastes of a greasy nature shall be drained. All grease traps are of a type, capacity and design approved by the building official.
[Ord. C30677; Passed: 1/19/1993]
13.03.0504 Grease, Oil, Sand Interceptors – Installation.
Grease, oil, and sand interceptors or other necessary removal facilities are installed on premises at the owner’s expense and liability when, in the opinion of the building official, they are necessary for the proper handling of wastewater from the premises of origination. All interceptors are of a type and capacity approved by the building official and located as to be readily accessible for cleaning and inspection.
[Ord. C30677; Passed: 1/19/1993]
13.03.0506 Grease, Oil, Sand Interceptors – Construction.
Grease, oil and sand interceptors are constructed of impervious materials capable of withstanding abrupt and extreme changes in temperatures. They are of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, are gastight and watertight.
[Ord. C30677; Passed: 1/19/1993]
13.03.0508 Grease, Oil, Sand Interceptors – Maintenance.
Where installed, all grease, oil and sand interceptors must be maintained by the owner, at the owner’s expense and liability, in good order and condition at all times.
[Ord. C30677; Passed: 1/19/1993]
Article VI. Sewer Construction
13.03.0602 Inspections.
A. Except as provided hereafter, whenever any side sewer or other connection is made with any public sewer or private sewer, or any part of such side sewer or other connection is constructed, the work shall be inspected by the wastewater supervisor.
B. Such inspection shall not be required for sewer connections made within mobile home parks, or sewer connections relating to mobile homes, recreational vehicles, house trailers, campers, or other similar vehicles located within private property lines. These construction, permit and inspection requirements are provided in the plumbing code of the City (SMC chapter 11.09).
C. The health officer inspects onsite sewage disposal systems as defined in regulations of the jurisdictional health agency in the city.
D. Side sewer stubs are inspected by the wastewater management department.
[Ord. C32762; Passed: 12/11/2000]
13.03.0604 Side Sewer Permit Required.
A side sewer permit issued by the director of public works and utilities is required:
A. to construct a side sewer (storm or sanitary, including private sewer and special side sewer), as provided in SMC 11.02.0210 and 11.02.0824;
B. to connect (tap) to a public sewer, as provided in SMC 13.03.0606;
C. to connect property outside the city limits to the POTW, as provided in article IX of this chapter;
D. to extend any private of side sewer beyond the limits of the property for which a side sewer permit has been given or into a utility easement, wherever located.
[Ord. C32762; Passed: 12/11/2000]
13.03.0606 Sewer Taps.
Sewer taps to public sewers require a tapping permit and payment of special connection charges where applicable. Only “Y” or “T” branch sewer taps are permitted to a public sewer unless a special tap permit is granted by the sewer maintenance supervisor.
[Ord. C30677; Passed: 1/19/1993]
13.03.0608 Sewer LID Waiver Agreement.
A. Where an owner of property seeks to connect to the POTW, and the division director of public works and utilities determines either that lateral service is unavailable or that public sewer service is being provided on an interim basis, then such owner must obtain from the department of engineering services and execute, as a condition of connection, a sewer waiver agreement for a local improvement district (LID) sewer assessment.
B. Said agreement provides that the signatory:
1. waives the right to protest the establishment of any local improvement district for the installation of a public sewer which may be proposed and/or to claim lack of benefit or less benefit than the amount of the assessment; and
2. will join in any LID petition creating such district.
C. The owner records said agreement and pays all filing fees required for the recording of said agreement with the county auditor.
[Ord. C32762; Passed: 12/11/2000]
13.03.0610 Costs of Installation and Connection – Indemnity.
A. All costs incident to the installation and connection of a side sewer, special side sewer, or private sewer are paid by the owner.
B. The owner and/or agent performing installation and connection must indemnify the City from any loss, liability, or damage that may directly or indirectly be occasioned by the installation of the owners side sewer, special side sewer, or private sewer and be responsible to repair and restore any defects or problems in the vicinity of the construction for a period of two years from the date of inspection by the sewer maintenance supervisor. A bond or other adequate security to insure this obligation may be required by the director of public works and utilities based on the nature and size of the construction.
[Ord. C32762; Passed: 12/11/2000]
Cross Reference: SMC ch. 12.02.
13.03.0614 Extensions – Risk.
In cases of extension, construction, or reconstruction of all or any portion of a side sewer, the owner and/or agent is responsible for the proper functioning of the entire side sewer up to the point of connection with the public sewer, and for indemnifying and holding harmless the City for any cost, expense, loss, liability, or damage that may directly or indirectly be occasioned by any malfunction of said sewer. This section applies also to special side sewers and private sewers.
[Ord. C30677; Passed: 1/19/1993]
13.03.0616 Eligibility for Side Sewer Permit.
A side sewer permit is issued only to a person or business having a current state general contractors license or the appropriate specialty contractors license, or a bona fide property owner constructing a side sewer at his or her place of residence who furnishes reasonable proof of ownership.
[Ord. C30677; Passed: 1/19/1993]
13.03.0618 Each Branch Deemed Separate Side Sewer – Special Connection.
Each branch of a private sewer serving a single residence, structure, or property is considered a side sewer and requires a sewer permit.
[Ord. C30677; Passed: 1/19/1993]
13.03.0620 Opening Street – Requirements.
A. When a sewer is constructed requiring the opening of the street, the paving and earth must be deposited in a manner that will cause the least inconvenience to the public and provide for free drainage along the gutter. One-half of the street must be kept clear for the passage of vehicles and bridgeways must be provided on sidewalks for foot passengers. In refilling the trench, the earth must be deposited in layers of not more than six inches in depth and be well tamped or thoroughly flushed with water, or as prescribed in regulations, or as required by the sewer maintenance supervisor, to prevent after-settlement.
B. As soon as any such drain or sewer is completed, the paving, curbing and sidewalk must be restored to a condition equal to or exceeding that existing previous to the excavation and all rubbish and surplus earth must be immediately removed.
C. On arterial streets and avenues, traffic is to be routed and controlled and construction performed as may be directed by the director of engineering services or the street director.
[Ord. C33112 § 46; Passed: 11/18/2002]
13.03.0622 Sewer Construction Regulations.
A. The director of engineering services prepares and updates “Regulations Governing Sewer Construction in the City of Spokane.” Copies of the regulations may be obtained in the department of engineering services.
B. The regulations contain specifications relative to materials, construction, procedure, inspection, backfilling and responsibilities in sewer installations. The permissibility of specific installations not fully covered by the regulations are determined by the sewer maintenance supervisor at the time of occurrence in accordance with the spirit and purpose of the regulations.
C. Revision of or addition to the regulations may be made by the director of engineering services as specified in SMC 13.03.0902.
[Ord. C32762; Passed: 12/11/2000]
13.03.0624 Inspection Procedures – Completed Work.
A. Notice must be given to the sewer maintenance supervisor at his or her office requesting inspection of all sewer work as provided herein and as provided in the “Regulations Governing Sewer Construction in the City of Spokane.” The sewer maintenance supervisor, or designee, thereafter inspects the same. The connection must be made in the manner prescribed in this code or by regulations, and to the satisfaction of the sewer maintenance supervisor, before the trench is filled. Costs of excavation in the event of noncompliance are borne entirely by the owner and/or the owner’s agent contractor.
B. Sewers subject to inspection must be inspected and found satisfactory before covering pipe. The contractor must have a ladder on the job or a sloping ditch so that the inspector can readily enter the ditch. If the inspector deems a ditch unsafe, he or she need not enter it or complete the inspection. Re-inspection occasioned by faulty or improper work or failure to comply with these provisions may be charged to the contractor or owner. All requirements of the State of Washington Department of Labor and Industries apply to persons working under this code.
[Ord. C30677; Passed: 1/19/1993]
13.03.0626 Notice to Sewer Maintenance Supervisor.
A person desiring to construct or repair a sewer in any street, alley, or easement in which the sewer is located must give at least twenty-four hours’ notice before commencing work to the sewer maintenance supervisor.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: SMC ch. 12.02.
13.03.0628 Enforcement Inspections.
A. The sewer maintenance supervisor, building official, health officer, director of public works and utilities and POTW director have the right to enter upon any premises, public or private, as reasonably necessary to enforce the provisions of this chapter, any other ordinance relative to wastewater control, or any regulation or order adopted or issued pursuant thereto.
B. The owner or occupant of any house, building, or property is required to specifically allow City officials to inspect on site the nature of wastes intended to be discharged into a public sewer and/or onsite sewage disposal system.
C. In the event there appears to be a violation, the City, in addition to any other power or authority reserved in this chapter, may issue a notice of violation, requiring the party to whom the notice is directed to correct the violation within thirty days of the date of the notice. Failure to take such corrective action is an additional violation of this chapter. No notice is necessary in case of emergency or as a prior requirement to taking any other enforcement action authorized by this chapter.
[Ord. C32762; Passed: 12/11/2000]
13.03.0630 Excavation and Cleaning.
A. Any expenses incurred by the City for excavation, cleaning, or inspecting public sewers by demand of the sewer user shall be the responsibility of the property owner, agent, occupant, or other requesting party unless the inspector determines the problem was caused by a public sewer.
B. All expense and liability for loss or damage for cleaning, repairing and maintenance of a side sewer or a private sewer from the building drain to the public sewer shall be the responsibility of the property owner, agent, occupant, or other requesting party, jointly and severally.
[Ord. C30677; Passed: 1/19/1993]
Cross Reference: SMC 13.02.0204(E), 13.02.0206(D), 13.03.0302, 13.03.0602.
13.03.0632 Construction Plans – Private Pump Station.
A person desiring to construct a private pump station intended to be connected with or discharged into any sewer must, before beginning work, file with the department of engineering services two copies of plans, specifications, design calculations and any other information deemed necessary by the director of engineering services. Said plans, specifications and design calculations, or copies thereof, are filed with the department of engineering services and sewer maintenance supervisor.
[Ord. C32762; Passed: 12/11/2000]
13.03.0634 Changes to Approved Plans – Inspections.
A. A change to the approved plans must have prior written approval of the division director of engineering services. The sewer maintenance supervisor has the authority to stop any work if the supervisor determines that the work is not being performed according to approved plans, and to direct correction of such work to comply with the approved plans and specifications.
B. Inspection of private pump station construction is by the director of engineering services and/or the sewer maintenance supervisor. Pump stations connected to onsite sewage disposal systems are also subject to health officer approval.
[Ord. C32762; Passed: 12/11/2000]
Article VII. Special Connection Charges
13.03.0702 Special Connection Agreements – Execution.
Whenever the connection to a City public sewer requires a written agreement, the director of engineering services is authorized to execute it on behalf of the City.
[Ord. C32762; Passed: 12/11/2000]
13.03.0704 Special Connection Charge Authorized – Basis.
A. In addition to sewer connection permit fees required by this code, there is imposed, and the owners of properties which have not been assessed or charged or borne an equitable share of the cost of the City’s sewerage system must pay prior to connection to a City sewer, a special connection charge in an amount to be computed under SMC 13.03.0712.
B. Property owners subject to the special connection charge must execute and record all appropriate documents required by this chapter necessary to secure full payment and costs of collection, including reasonable attorney’s fees.
C. Projects subject to the special connection charge are specifically identified by the City and are subject to the express review and approval of the city council.
[Ord. C30677; Passed: 1/19/1993]
13.03.0706 Notice.
A. The City records appropriate notice with the county auditor concerning real property (which has been specifically identified by the director of engineering services and approved by the city council as property for which sewer facilities either have been constructed or which it contemplates will be constructed) for which a special connection charge will be levied upon connection of such property to the City sewer system, pursuant to the requirements of RCW 65.08.170 and 65.08.180.
B. Such notice shall be effective until there is recorded with the county auditor a certificate of payment and release executed by the City, which certificate must be recorded within thirty days of full payment of such special connection charge.
[Ord. C32762; Passed: 12/11/2000]
Cross Reference: SMC 13.03.0712.
13.03.0708 Payment.
A. Cash or Contract.
1. The special connection charge is paid in cash or under installment contract within the discretion of the City. Interest charged under an installment contract is at the same rate as the effective annual interest of the most recent City of Spokane local improvement district bond issue, computed annually on unpaid balances.
2. Such contract must provide:
a. for a down payment of twenty percent of the total connection charge, payable upon execution of the contract,
b. for payment of the balance in ten installments, payable annually,
c. that any unpaid balance may be paid in full in any year at the time the annual payment of such year is due and payable. Such contract contains the legal description of the property served by the sewer, is executed and acknowledged by the property owner and is recorded by the City with the county auditor, at the expense of the property owner.
3. The special connection charge is paid in full or the installment contract is executed, as a condition precedent to the issuance of a permit for connection to the City sewer system.
B. Unpaid Charges.
1. Delinquent payments of special collection charges under such installment contract or otherwise unpaid special collection charges are a lien upon the described property as provided in RCW 35.67.220, enforceable in accordance with RCW 35.67.220 through RCW 35.67.280.
2. Upon full payment of the charges due, the finance division director on behalf of the City executes and delivers to the property owner a release of such lien.
[Ord. C30677; Passed: 1/19/1993]
13.03.0710 Project Accrued Interest.
A. In addition to interest charges allowable under payment by installment contract, the amount of the special connection charge includes the project accrued interest on the construction costs, computed from the date of construction of the sewer system until the date of connection, except that the computation period shall not exceed ten years.
B. The project accrued interest is set by the city treasurer at a rate commensurate with the interest rate of the local improvement district bond issue most recent to the date of city council approval of the project for special connection charges, or as otherwise determined pursuant to RCW 35.92.025; except:
1. The interest may not exceed ten percent, and
2. The aggregate amount of interest charge to a property may not exceed the share of the cost of the system allocated to that property.
[Ord. C30677; Passed: 1/19/1993]
13.03.0712 Special Connection Charge – Computation.
A. Determination by Director of Engineering Services. The special connection charge imposed pursuant to this chapter is paid into the sewer fund and is computed based on the areas to be served by the sewer, which determination is made by the director of engineering services. Notwithstanding the methods of computing the special connection charge provided below, the City may use any other method or combination of methods to compute special connection charges which may be deemed to most fairly reflect the sewer service to the properties subject to the special connection charge. The amount may be computed as follows:
1. Method I: Lineal Front Footage – Square Footage.
a. Lateral Sewers. The lineal feet of frontage of property to be served by the sewer, as determined by the director of engineering services, is multiplied by the average cost per front foot of lateral sewers constructed in the city for the year in which the sewer to which the property is to be connected was constructed and accepted. Exhibit A* to Ordinance No. C26649, shall set forth those costs per front foot of lateral sewers previously completed and accepted by the City.
b. Trunk Sewers. The number of square feet of property to be served, as determined by the director of engineering services, is multiplied by the cost per square foot of service area (in the year of actual construction) of the trunk sewer to which a connection is being made. Exhibit A* to Ordinance No. C26649 shall set forth those costs per area served of trunk sewers previously completed and accepted by the City.
2. Method II: Actual Cost For those specifically identified projects (as determined by the director of engineering services) where the computation of special connection charges for trunk sewer can be determined based on actual cost and where the City can identify at the outset of the project the service area and those properties for which the sewer facilities have been constructed, the special connection charge may be computed as follows:
a. Trunk Sewers. The trunk service area is divided generally into those zones which are immediately serviceable by the trunk (with the addition of lateral lines) and those zones which are not serviceable by the existing trunk without an extension or subtrunk (plus the necessary laterals). Each separate lot, tract, parcel, or other property within the trunk sewer service area is divided into those zones, as determined by the director of engineering services. Based upon the specific project cost, the director of engineering services computes an estimated cost of completing the trunk system necessary to serve the entire service area. A cost per acre is then computed for the entire service area and this cost is the basis for special connection charges within the zone receiving immediate trunk sewer service from the completed project. The special connection charges outside the immediately serviceable zone are based upon the average cost per acre after the charges for the immediately serviceable zone are deducted from the specific project costs.
b. Lateral Service in Conjunction with Trunk Service. Where lateral service is provided together with trunk sewer service (i.e., a side sewer connecting directly into the trunk line), a lateral service fee may be charged as a part of the special connection fee. This lateral fee is determined by multiplying the average cost, per square foot of area served, of lateral sewers constructed and accepted in the city in the year in which the sewer being connected to was constructed and accepted, by the area being served by the new connection.
c. The projects described above are subject to the approval of the city council for this charge and are specified in Exhibit B* to Ordinance No. C26649.
B. Annual Average. The director of engineering services is authorized to annually compute and establish the average cost per area for lateral and trunk sewers completed by LID and accepted by the City during the previous calendar year, which average assessment is used in computing the special connection charge imposed under this section. The director of engineering services is also authorized to compute and establish the special connection charges based on actual construction costs for lateral and trunk sewers, constituting special projects for which properties subject to the special connection charge can be identified at the outset of the project. Such actual costs and the manner in which the special connection charges will be computed are determined by the director of engineering services upon completion and acceptance of the project by the City. Such special projects shall be designated by project name and shall conform to the notice requirements of SMC 13.03.0706. A copy of the rates for computation of special connection charges is delivered and filed with the city clerk. Annual rate computations based on average costs are filed with the city clerk each year.
[Ord. C32762; Passed: 12/11/2000]
Cross Reference: SMC 13.03.0702.
*Code reviser’s note: Exhibits A and B are on file in the office of the city clerk.
Article VIII. Wastewater General Facilities Charge
13.03.0730 Wastewater GFC General Provision – Long Connections.
A. There is hereby imposed ((on all persons desiring connection to the City of Spokane Sewer System, as a condition of connection, a wastewater general facilities charge (GFC) capital connection fee to defray a fair and equitable share of the cost of the sewer system.)) a wastewater general facilities charge (GFC). The GFC is a utility rate surcharge assessed at the time of connection or service upgrade. Its purpose is to defray costs created by new system demand, such as costs of providing increased system capacity for new or increased demand and other capital costs. Nothing in the GFC program affects LIDs.
B. The GFC charge is collected at the time of connection or other time as deemed most administratively convenient by the director and shall be considered a contribution to capital and not a cost of providing service. The amount of the wastewater general facilities charge for wastewater (sewer) utility connections will be based on water tap size for water service to the premises, since water tap size provides a measure of water use and, correspondingly, wastewater generated.
C. Long Connection Option.
1. Where a customer near an area with existing utility service desires to connect to such service because lines have not yet been extended for direct service to the customer’s area (a “long connection”), the director may allow a long connection to existing facilities. The decision to allow a long connection is discretionary, considering the needs of the existing customers, the limits of the current system or any other appropriate factors.
2. As a condition of a long connection, the customer must satisfy any conditions imposed by the director, including obtaining any necessary easements, payment of all costs of additional installations, and payment of a nonrefundable charge determined by the director based on engineering principles estimated to be what the customer would be required to pay if connection were deferred until direct service became available. Such charge may be accepted as a nonrefundable prepayment for the size of the connection furnished. This option may also be applied to upgrades.
[Ord. C33362 § 2; Passed: 12/22/2003]
13.03.0732 Wastewater General Facilities Charge – Schedule of Charges.
A. Findings – GFC Charge. The city council finds:
1. Under the previous system providing for collection of latecomer connection charges under RCW chapter 35.91 or special connection changes under RCW 35.92.025, customers happening to connect in certain areas must pay extra costs, although the primary benefit of access to the public sewer system is the same to a new customer, whether the customer is within or outside an area subject to such special connection charges. Additionally, upgraded customers moving from a smaller to a larger connection capacity gain additional system benefits, but may otherwise escape paying a special connection or latecomer charge, once having connected and paid an initial connection charge based on a smaller size connection.
2. Undue administrative burdens and costs are created in administering various connection and latecomer charges, each of which may have differing effective dates and which may also have differing limits in terms of allowable interest accruing on such payments as well as the period or periods such charges may be collected.
3. There is a system-wide benefit, served by a uniform, adjustable GFC, in encouraging system growth through infilling certain unserved areas and considering that expanding the overall customer rate base and customer densities will reduce fixed costs which must otherwise be spread over all classes of ratepayers.
4. It is in the public interest to provide for a more uniform rate structure and to replace individual area connection or latecomer fees with a single GFC rate, except only as may be distinguished by the size of connection or connection upgrade, as provided hereafter.
5. It is further in the public interest that those adding additional costs or burdens to the city sewer system by creating need and demand for new system growth and infill needs in the city sewer system should pay a GFC therefor. Such customers should be treated and classified in common with customers formerly also subject to a special connection or latecomer connection charge, so that only one uniform GFC should be paid by all customers with new or upgraded utility service.
B. Findings – Empowerment Zone. The city council finds:
1. Washington State’s Growth Management laws, including RCW 36.70A.110, encourage development first within existing urban areas before moving to other areas.
2. The City of Spokane’s Comprehensive Plan and state growth management policies encourage the “infilling” of developed areas that still have some growth capacity. A consequence of not doing this is sprawling development out in long corridors or scattered areas, making the extension of needed urban services more expensive and less efficient for the public.
3. Costs of encouraging development in more densely populated areas already served by existing utility lines is lower than extending new lines to more remote undeveloped areas. Existing utility lines are installed and designed to serve the full growth potential of an area, so it is an unwise use of resources to continue extending lines where some growth can still occur in developed areas.
4. The empowerment zone established herein is in the category of a more densely populated area rather than a more remote, undeveloped area. The savings that city sewer and water utilities realize by encouraging development in the empowerment zone, through not assessing a GFC to customers located there, is roughly proportional to the loss of the GFC revenues.
5. Properties within the empowerment zone are identified as generally of lower value investment than other areas served. The opportunity for new development in the empowerment zone to recover acceptable investment value is of a more marginal, doubtful and unlikely character than customers connecting in areas outside the empowerment zone. Adding a GFC charge to the class of customers in the empowerment zone would make it significantly more difficult for further development or new connections in such areas. This result is contrary to public policy, Growth Management laws and responsible utility system management for the overall benefit of the ratepayers. Encouraging development in the empowerment zone will benefit the city sewer and water utilities by new customer revenues, which would otherwise be lost if a GFC were assessed because such development would be less likely to occur.
6. The empowerment zone as an area substantially deficient in development and heavily populated with low income and fixed income, poor or elderly customers.
7. There is a reasonable basis to classify customers seeking connection to premises in an empowerment zone not to be subject to a GFC charge.
C. Empowerment zone boundaries are:
All that property located within the following described area:
Census tracts 1, 2, 4, 14, 15, 16, 20, 23, 24, 25, 26, 27, 28, 30, 31, 33, 34, 35, 36, 40 according to the U.S. Census Bureau 1990 TIGER census data. Situate in the City of Spokane, Spokane County, Washington.
The director of public works is authorized to adjust this boundary consistent with the findings and purpose of this section. A copy of the empowerment zone map shall be maintained on file with the director of public works for public inspection.
D. Customers seeking connection inside empowerment zone: No charge.
E. Customers seeking connection outside empowerment zone:
1. For new connections or new upgrades of connections to the City sewer system, a wastewater GFC is assessed as provided hereafter. The charge will be based on the water tap size that would otherwise be required for the facility without fire flow and/or irrigation flow. Upgrades are charged at the current difference between the old and new connection size charges.
Wastewater General Facilities Charge Schedule
Type
Water Tap Size
2004 (33%)
2005 (67%)
2006 (100%)
House
NA
$800
$1,600
$2,400
Duplex
NA
$1,600
$3,200
$4,800
Multifamily*
2" or less
$2,240
$4,547
$6,787
Multifamily
3"
$4,114
$8,354
$12,468
Multifamily
4"
$6,334
$12,860
$19,194
Multifamily
6"
$11,637
$23,628
$35,265
Multifamily
8"
$17,919
$36,380
$54,299
Multifamily
10"
$25,039
$50,837
$75,876
Multifamily
12"
$32,918
$66,835
$99,753
Commercial
1" or less
$800
$1,600
$2,400
Commercial
2"
$2,240
$4,547
$6,787
Commercial
3"
$4,114
$8,354
$12,468
Commercial
4"
$6,334
$12,860
$19,194
Commercial
6"
$11,637
$23,628
$35,265
Commercial
8"
$17,919
$36,380
$54,299
Commercial
10"
$25,039
$50,837
$75,876
Commercial
12"
$32,918
$66,835
$99,753
*Multifamily represents three or more living units.
2. The wastewater GFC is intended to supersede all prior special connection capital charges assessed to defray an equitable share of the cost of the City sewer system for persons seeking to connect thereto, except for such charges the City may be bound to continue pursuant to RCW chapter 35.91 (developer latecomer charges) or which the City otherwise remains legally bound to collect. Except for such charges, it is the intent of the city council to supersede all previous special connection capital charges of any form or nature, replacing all such charges with a single Wastewater GFC for any new connections or connection upgrades to the City sewer system at any location served by said system. The general facilities charge is to be used to finance new system growth and infill needs created by new or upgraded customers. In the case of latecomer contracts entered into under RCW chapter 35.91 and the like, the GFC charge herein supersedes the amount to be collected from a party seeking connection. However, any GFC charge collected does not increase or decrease amounts the City may previously have contracted to reimburse to a third party at the time of allowing a connection, said parties to be paid by the City as provided under the preexisting contract. Hereinafter consistent with this chapter, the director may make provision for reimbursement of third parties for facility construction costs, but hereafter, the amount of reimbursement per connection shall not exceed the GFC amount collected, which may change from year to year as the city council may adjust the GFC.
3. Adjustments. The charge for a wastewater connection can be adjusted for facilities with water tap sizes two inches and greater, when the tap size also accounts for fire flow and/or irrigation flow, upon a showing of prior payment of similar charges, or for other sound considerations of fairness, as determined by the wastewater management director. To be eligible for such adjustment, a party required to pay a wastewater GFC must submit a written application to the wastewater director, together with any supporting materials and explanation. The director must receive such materials at the time of application for connection of the subject premises. No adjustment may exceed the amount of the GFC applicable to the connection requested.
4. The wastewater GFC applies in addition to all other noncapital connection, permit or other fees required by this code or elsewhere, to parties seeking to connect premises who have not paid an equitable share of the cost of the City’s sewer system as determined by the wastewater director. The charge is due and payable in full at the time of application for connection or as otherwise ordered by the director.
5. The wastewater director may record appropriate notice with the county auditor concerning areas subject to the wastewater GFC in accord with RCW 65.08.170 and 65.08.180, as applicable.
[Ord. C33362 § 3; Passed: 12/22/2003]
Article IX. Sewer Connections Outside City Limits
13.03.0802 Connections Authorized.
A. City sewer utility service is initially intended to provide for the needs of the residents of the City of Spokane. The City reserves the right to decline to serve any area outside the city, or to condition such service upon entry into a written contract, upon such additional terms and conditions as may be determined at the time service is requested or thereafter, as municipal needs may require, in accord with ordinances established by the city council, considering additional expenses imposed or burdens created by outside the City sewer service.
B. Pursuant to authority granted by RCW 35.67.310, the director of wastewater management is authorized to enter into agreements for and on behalf of the city with owners of property beyond the city limits permitting connection of such property with the city’s sewers upon the terms and conditions and subject to the payments prescribed in this article when, in his/her judgment, such connection will not overload or imperil the city’s sewer system, including collection and transmission capacity as well as treatment and discharge capabilities for current or future city customer needs, and as further subject to any other applicable laws or restrictions.
C. In the event all aspects of service are not specifically addressed by contract or otherwise specifically provided, in addition to the provisions of SMC 13.03.0804, any other portions of this chapter or SMC chapter 13.01 may be applied by the director of wastewater management where deemed necessary, as terms and conditions of service to outside the city customers.
[Ord. C33362 § 4; Passed: 12/22/2003]
13.03.0804 Specifications of Agreement.
A. All such agreements:
1. specify the property to be connected with the City sewer system;
2. grant permission for connection upon payment of prescribed fees and charges therefor;
3. require the property owners to construct such connection in accordance with City plans and specifications and under the supervision of the division director of engineering services, without cost or expense to the City;
4. provide that the property owner may not allow any additional property to be served by such connection;
5. require such property owner to pay any sewer utility charge and also all applicable fees and special connection charges fixed by ordinance, which special connection charge is to be paid in cash or in installments in the manner provided by article VII of this chapter with interest at the rate established by ordinance;
6. agree to the grant of a lien on the described property securing the full payment of all fees and charges, together with costs of collection and reasonable attorneys fees;
7. provide that the lien may be enforced in the event the property owner does not fully perform the terms and conditions of the agreement; and
8. further provide that such agreement be recorded in the office of the county auditor, at the expense of the property owner, and constitute a covenant running with the land binding upon the property owner and heirs and assigns, and upon any parties subsequently acquiring any right, title, or interest in said property.
B. Such agreements provide that the signatory shall support any procedure for the annexation of the property to the City.
[Ord. C30677; Passed: 1/19/1993]
Article X. Administrative Provisions
13.03.0902 Rates and Regulations.
A. Rates and charges for sewer service are established by resolution of the city council, as provided in SMC 8.02.071.
B. Construction and connection fees are set forth in SMC 8.02.037, except that the director of engineering services determines the terms and conditions of connection of properties outside the city limits, as provided in article IX of this chapter, and computes special connection charges, as provided in article VII of this chapter.
C. The director has the authority to fix a schedule of charges for items and services not otherwise provided for and to promulgate rules and regulations as required for proper operation of the City’s sewerage system.
[Ord. C32762; Passed: 12/11/2000]
13.03.0904 Payment Delinquency – Lien.
A. All charges for services rendered, including utility service, special jobs, labor and materials, are payable to the city treasurer.
B. If such charges are not paid, upon delinquency the amount thereof shall become a lien against the premises receiving sewer service as provided in RCW 35.67.200 et seq., and may further be enforced as provided in the applicable laws.
C. All additional lien and enforcement rights by statute and at common law are reserved by the City.
[Ord. C30677; Passed: 1/19/1993]
13.03.0906 Persons Subject to Charges.
Every person to whom service is furnished by the POTW and every person to whom such service is available by the POTW is charged for such service.
[Ord. C30677; Passed: 1/19/1993]
13.03.0908 Abatement of Public Nuisance.
A. Notwithstanding any other provision of this chapter and in addition thereto, the maintenance of any condition inimical to the public health and safety, or creating or tending to create a risk to the public health or safety, specifically including accumulations of raw or treated sewage or sludge of any nature, or danger or possibility thereof, or contamination of any public or domestic water supply system or well, or a danger or possibility thereof, constitutes a public nuisance and, in the discretion of the sewer maintenance inspector, building official, water inspector, director of public works and utilities, or health officer is subject to immediate abatement by the City at the premises owner’s and/or other responsible person’s expense and liability.
B. Abatement of any nuisance as above defined may be billable as a utility service furnished to the premises wherein the condition arose or exists.
C. This section does not limit the premises owner’s or other party’s rights to seek recovery against other responsible persons.
D. Specifically, any violation of the City’s wastewater pretreatment program, including the regulations and orders made pursuant to its authority, is a public nuisance and is subject to abatement, including summary abatement, by the director, the health officer, or the state department of ecology, all at the expense of the responsible party.
[Ord. C32762; Passed: 12/11/2000]
Cross Reference: RCW 35.67.200 et seq.
13.03.0910 Suspension of Service.
A. In case of emergency, equipment failure, inaccessibility, or for other reasons as directed by the director or sewer maintenance supervisor in the interests of the public health and safety, sewer or water service may be temporarily or permanently suspended to one or more premises or locations within the city, with or without notice.
B. Service to any premises may be suspended for nonpayment of accounts. Such suspension does not relieve the person owing such account from the duty of complying with the provisions of this title. Such suspension renders the premises where such service is suspended subject to condemnation for sanitary reasons and/or exercise of municipal power to abate a public nuisance at the risk and expense of the owner of the premises and/or other responsible persons.
[Ord. C30677; Passed: 1/19/1993]
13.03.0912 Equipment – Projects – Minor Expenditures.
A. To the maximum extent permitted by state law, the City may acquire such equipment, engage in projects, enter into contracts, and perform such functions as may enable it to carry out wastewater collection and treatment responsibilities and such other purposes as the city council may direct. These powers are broadly construed to accomplish their intended purpose.
B. The city council approves departmental expenditures of funds for equipment and projects, which may be funded by the respective department fund, by grant, or by appropriation from federal, state, or local resources as the city council may authorize.
C. Any expenditure of less than two thousand five hundred dollars may be made without city council approval, except all such expenditures shall be from the wastewater management fund.
[Ord. C32762; Passed: 12/11/2000]
13.03.0914 Responsibility for Nonpublic Sewers – No Duty.
A. The City assumes no responsibility whatsoever for any side sewers, special side sewers, private sewers, or other nonpublic sewers or other such pipes, fixtures or appurtenances. The City’s lack of responsibility includes costs of construction, repair, and/or maintenance and liability for losses, claims, damages, or injuries arising directly or indirectly from the use or existence of all such nonpublic pipes and fixtures.
B. Except as required by the general laws of this state, the City assumes no responsibilities for utility service or wastewater disposal or treatment or for the construction, repair, or maintenance of public sewers. This code shall not be construed to expand such responsibilities. This chapter and code shall not be construed to add to or expand any municipal duty to any particular person, class, or entity. Any duty nonetheless deemed created is to be strictly construed as a duty to the general public.
[Ord. C30677; Passed: 1/19/1993]
13.03.0916 Penalty.
A. Any person who violates or fails to comply with any of the provisions of this chapter, or who counsels, aids, or abets any such violation or failure to comply is subject to penalty as provided in SMC 1.02.950 in addition to any other remedy provided in this chapter.
B. Noncompliance after expiration of a time specified in any notice authorized in this chapter is a separate violation for each notice. Each day of a continuing violation constitutes a separate and additional violation.
C. Annually, the director of the department of wastewater management causes to be published in a newspaper of general circulation a list of parties who have received a notice of violation of the wastewater pretreatment program.
D. In all cases of violation of the wastewater pretreatment program restitution of damages, cost and expense is required.
[Ord. C31589; Passed: 3/25/1996]
Cross Reference: SMC 13.03.0482.
Article XI. Rates
13.03.1002 Prior Rates Superseded – Effective Date.
The provisions of the rates ordinance codified in this section supersede all prior rates. As part of the annual budget process, the rates as reflected in SMC 13.03.1004 (former Appendix A), 13.03.1006 (former Appendix B), 13.03.1008 (former Appendix C), 13.03.1010 (former Appendix D), 13.03.1012 (former Appendix E), 13.03.1014 (former Appendix F), 13.03.1016 (former Appendix G), 13.03.1018 (former Appendix H), 13.03.1020 (former Appendix I), 13.03.1022 (former Appendix J).
[Ord. C32939 § 1; Passed: 11/12/2001]
13.03.1004 Basic Service Charge – Amount (Former Appendix A).
The City’s basic service charge is reflected in this section. This charge is also a component of other rates below. It is the intent of the city council that the revenues from basic service charges be allocated into two categories: revenues for collection of wastewater and revenues for treatment and other noncollection services of wastewater. The allocation for collection of wastewater, and the rate for such service, is that amount determined to be the actual costs paid from this revenue source for collection of wastewater services, as determined each year. The remainder of the revenues shall be the rate for treatment/noncollection wastewater services.
A. Basic Service Charge.
2004
2005
2006
Total Basic Service Charge:
$136.59/yr.
$140.69/yr.
$144.91/yr.
or
or
or
$11.38/mo.
$11.72/mo.
$12.08/mo.
Cost per Apartment:
$132.39/yr.
$136.49/yr.
$140.71/yr.
or
or
or
$11.03/mo.
$11.37/mo.
$11.73/mo.
[Ord. C33362 § 5; Passed: 12/22/2003]
Cross Reference: SMC 13.03.1108.
13.03.1006 User Charge – Standard Strength Wastewater – Amount (Former Appendix B).
This section lists the City’s user charge for treatment of standard strength wastewater. This charge is also a component of other rates below. It is the intent of the city council that the revenues from this rate be allocated into two categories: revenues for collection of wastewater and revenues for treatment and noncollection wastewater services. The allocation for collection of wastewater, and the rate for such service, is that amount determined to be the actual costs paid from this revenue source for collection of wastewater services, as determined each year. The remainder of the revenues shall be the rate for treatment/noncollection services.
A. User Charge for Treatment of Standard Strength Wastewater:
2004
2005
2006
Total User Charge
(standard strength wastewater):
$812.80/Mgal.
$837.18/Mgal.
$862.30/Mgal.
[Ord. C33362 § 6; Passed: 12/22/2003]
13.03.1008 Domestic and Commercial User Charges Inside City – Amount (Former Appendix C).
This section lists the City’s domestic and commercial user charges inside the city. It is the intent of the city council that the revenues from this rate be allocated into two categories: revenues for collection of wastewater and revenues for treatment and noncollection wastewater services. The allocation for collection of wastewater, and the rate for such service, is that amount determined to be the actual costs paid from this revenue source for collection of wastewater services, as determined each year. The remainder of the revenues shall be the rate for treatment/noncollection services. Additionally, the rate stabilization charge is listed. This charge is for capital contribution purposes only. The rate stabilization charge revenues are placed in a restricted capital fund, and are not subject to the above referenced collection/treatment allocation.
A. Domestic User Charge (single-family residence or equivalent residential unit):
2004
2005
2006
Total Domestic Charge:
$202.54/yr.
$208.62/yr.
$214.88/yr.
or
or
or
$16.88/mo.
$17.38/mo.
$17.91/mo.
General Stormwater Charge:
$3.19/mo.
$3.29/mo.
$3.39/mo.
Rate Stabilization Fund:
$4.00/mo./unit
$6.00/mo./unit
$8.00/mo./unit
Cost for Additional Apartments:
$197.85/yr.
$203.79/yr.
$209.90/yr.
or
or
or
$16.49/mo.
$16.98/mo.
$17.49/mo.
General Stormwater Charge for 4 Units or Less:
$2.74/mo./unit
$2.82/mo./unit
$2.90/mo./unit
General Stormwater Charge for Over 4 Units:
$2.19/mo./unit
$2.26/mo./unit
$2.33/mo./unit
Rate Stabilization Fund:
$4.00/mo./unit
$6.00/mo./unit
$8.00/mo./unit
B. Commercial User Charge:
2004
2005
2006
Total:
$1,047.92/Mgal.
$1,079.36/Mgal.
$1,111.74/Mgal.
or
or
or
$0.7838/100 cu. ft.
$0.8074/100 cu. ft.
$0.8316/100 cu. ft.
General Stormwater Charge:
$769.15/impervious acre/yr.
$792.22/impervious acre/yr.
$815.99/impervious acre/yr.
or
or
or
$0.6410 per 1/100th impervious acre/mo.
$0.6602 per 1/100th impervious acre/mo.
$0.6800 per 1/100th impervious acre/mo.
NOTE: See SMC 13.03.1137 for commercial user stormwater discount; SHB 2088, 2003 Leg. Session.
CSO Stormwater User Surcharge:
$42.68/8 acre or equivalent thereof
$43.96/8 acre or equivalent thereof
$45.28/8 acre or equivalent thereof
Rate Stabilization Fund (14% of the 1997 rate):
$0.0982/100 cu. ft.
$0.1473/100 cu. ft.
$0.1964/100 cu. ft.
2005 and 2006 percentage increase same as residential.
[Ord. C33362 § 7; Passed: 12/22/2003]
Cross Reference: SMC 13.03.1122, 13.03.1137, 13.03.1202, 13.03.1204, 13.03.1206, 13.03.1226.
13.03.1010 Domestic and Commercial User Charges – Non-City Customer – Amount (Former Appendix D).
This section lists the City’s domestic and commercial user charges for non-City customers. It is the intent of the city council that the revenues from this rate be allocated into two categories: revenues for collection of wastewater and revenues for treatment and noncollection wastewater services. The allocation for collection of wastewater, and the rate for such service, is that amount determined to be the actual costs paid from this revenue source for collection of wastewater services, as determined each year. The remainder of the revenues shall be the rate for treatment/noncollection services. Additionally, the rate stabilization charge is listed. This charge is for capital contribution purposes only. The rate stabilization charge revenues are placed in a restricted capital fund, and are not subject to the above referenced collection/treatment allocation.
A. Non-City Retail Domestic User Charge (single-family residence or equivalent residential unit):
2004
2005
2006
Total Domestic Charge:
$405.08/yr.
$417.23/yr.
$429.76/yr.
or
or
or
$33.76/mo.
$34.77/mo.
$35.82/mo.
Rate Stabilization Fund:
$4.00/mo./unit
$6.00/mo./unit
$8.00/mo./unit
Cost for Additional Apartments:
$395.75/yr.
$405.57/yr.
$419.81/yr.
or
or
or
$32.98/mo.
$33.96/mo.
$34.98/mo.
Rate Stabilization Fund:
$4.00/mo.
$6.00/mo.
$8.00/mo.
B. Non-City Retail Commercial User Charge:
2004
2005
2006
Total:
$2,095.84/Mgal.
$2,158.72/Mgal.
$2,223.48/Mgal.
or
or
or
$1.5677/100 cu. ft.
$1.6147/100 cu. ft.
$1.6632/100 cu. ft.
Rate Stabilization Fund
(14% of the 1997 rate):
$0.1388/100 cu. ft.
$0.2082/100 cu. ft.
$0.2776/100 cu. ft.
2005 and 2006 percentage increase same as residential.
[Ord. C33362 § 8; Passed: 12/22/2003]
Cross Reference: SMC 13.03.1226.
13.03.1012 Septage Charge – Amount (Former Appendix E).
This section lists the City’s septage charge rate. It is the intent of the city council that the revenues from this rate be allocated into two categories: revenues for collection of wastewater and revenues for treatment and noncollection wastewater services. The allocation for collection of wastewater, and the rate for such service, is that amount determined to be the actual costs paid from this revenue source for collection of wastewater services, as determined each year. The remainder of the revenues shall be the rate for treatment/noncollection services. Additionally, the rate stabilization charge is listed. This charge is for capital contribution purposes only. The rate stabilization charge revenues are placed in a restricted capital fund, and are not subject to the above referenced collection/treatment allocation.
A. Septage Charge Rate:
2004
2005
2006
User Charge:
$57.91/1,000 gal.
$59.65/1,000 gal.
$61.44/1,000 gal.
Rate Stabilization Fund
(14% of the 1997 rate):
$6.73/1,000 gal.
$10.10/1,000 gal.
$13.46/1,000 gal.
2005 and 2006 percentage increase same as residential.
Total Septage Charge Rate:
$64.64/1,000 gal.
$69.75/1,000 gal.
$74.90/1,000 gal.
Surcharge on Loads Over 4,000 Gallons:
$5.00/1,000 gal.
$5.00/1,000 gal.
$5.00/1,000 gal.
[Ord. C33362 § 9; Passed: 12/22/2003]
Cross Reference: SMC 13.03.1216, 13.03.1226.
13.03.1014 Service Outside City Utility Service Area – Amount (Former Appendix F).
This section lists the rate for service outside the City’s utility service area. It is the intent of the city council that the revenues from this rate be allocated into two categories: revenues for collection of wastewater and revenues for treatment and noncollection wastewater services. The allocation for collection of wastewater, and the rate for such service, is that amount determined to be the actual costs paid from this revenue source for collection of wastewater services, as determined each year. The remainder of the revenues shall be the rate for treatment/noncollection services. Additionally, the rate stabilization charge is listed. This charge is for capital contribution purposes only. The rate stabilization charge revenues are placed in a restricted capital fund, and are not subject to the above referenced collection/treatment allocation.
A. Outside City Utility Service Area (except by Interlocal Agreement):
2004
2005
2006
Total:
$2,095.84/Mgal.
$2,158.72/Mgal.
$2,223.48/Mgal.
or
or
or
$1.5677/100 cu. ft.
$1.6147/100 cu. ft.
$1.6632/100 cu. ft.
Rate Stabilization Fund
(14% of the 1997 rate):
$0.1765/100 cu. ft.
$0.2647/100 cu. ft.
$0.3530/100 cu. ft.
2005 and 2006 percentage increase same as residential.
[Ord. C33362 § 10; Passed: 12/22/2003]
Cross Reference: SMC 13.03.1226.
13.03.1016 Non-Domestic Process Wastewater User Charge – Amount (Former Appendix G).
This section lists the rate for non-domestic process wastewater user charges. It is the intent of the city council that the revenues from this rate be allocated into two categories: revenues for collection of wastewater and revenues for treatment and noncollection wastewater services. The allocation for collection of wastewater, and the rate for such service, is that amount determined to be the actual costs paid from this revenue source for collection of wastewater services, as determined each year. The remainder of the revenues shall be the rate for treatment/noncollection services. Additionally, the rate stabilization charge is listed. This charge is for capital contribution purposes only. The rate stabilization charge revenues are placed in a restricted capital fund, and are not subject to the above referenced collection/treatment allocation.
A. Non-Domestic Process Waste Water User Charge:
2004
2005
2006
User Charge:
$57.91/1,000 gal.
$59.65/1,000 gal.
$61.44/1,000 gal.
Rate Stabilization Fund
(14% of the 1997 rate):
$6.73/1,000 gal.
$10.10/1,000 gal.
$13.46/1,000 gal.
2005 and 2006 percentage increase same as residential.
Total Non-Domestic Process Wastewater Disposal Charge:
$64.64/1,000 gal.
$69.75/1,000 gal.
$74.90/1,000 gal.
Surcharge on Loads Over 4,000 Gallons:
$5.00/1,000 gal.
$5.00/1,000 gal.
$5.00/1,000 gal.
[Ord. C33362 § 11; Passed: 12/22/2003]
Cross Reference: SMC 13.03.1226.
13.03.1018 Landfill Wastewater Pump and Treat Services – Amount (Former Appendix H).
This section lists the rate for landfill wastewater pump and treat services. It is the intent of the city council that the revenues from this rate be allocated into two categories: revenues for collection of wastewater and revenues for treatment and noncollection wastewater services. The allocation for collection of wastewater, and the rate for such service, is that amount determined to be the actual costs paid from this revenue source for collection of wastewater services, as determined each year. The remainder of the revenues shall be the rate for treatment/noncollection services.
A. Landfill Pump and Treat:
2004
2005
2006
Total:
$704.60/Mgal.
$725.74/Mgal.
$747.51/Mgal.
or
or
or
$0.5270/100 cu. ft.
$0.5429/100 cu. ft.
$0.5591/100 cu. ft.
[Ord. C33362 § 12; Passed: 12/22/2003]
13.03.1020 Cesspool and Miscellaneous Charges – Amount (Former Appendix I).
This section lists the rate for cesspool pump and miscellaneous charges. It is the intent of the city council that the revenues from this rate be allocated into two categories: revenues for collection of wastewater and revenues for treatment and noncollection wastewater services. The allocation for collection of wastewater, and the rate for such service, is that amount determined to be the actual costs paid from this revenue source for collection of wastewater services, as determined each year. The remainder of the revenues shall be the rate for treatment/noncollection services.
A. Rates: Cesspool Pump and Miscellaneous Charges:
Gallons
Basic Charge
2004
2005
2006
500
$140.62
$144.84
$149.19
600
$159.56
$164.35
$169.28
700
$178.04
$183.38
$188.88
800
$196.71
$202.61
$208.69
900
$215.53
$222.00
$228.66
1,000
$234.24
$241.27
$248.71
1,100
$243.60
$250.91
$258.44
1,200
$252.97
$260.56
$268.38
1,300
$262.35
$270.22
$278.33
1,400
$271.68
$279.83
$288.22
1,500
$281.09
$289.52
$298.21
B. Miscellaneous Charges for Laboratory Analysis:
Bacteriological Tests
2004
2005
2006
Fecal Coliform
$61.80
$63.65
$65.56
C. Chemistry Tests:
2004
2005
2006
Alkalinity
Bicarbonate
$23.69
$24.40
$25.13
Carbonate
$18.18
$18.73
$19.29
Total
$41.87
$43.13
$44.42
Biochemical Oxygen Demand
$40.75
$41.97
$43.23
Chloride
$20.60
$21.22
$21.86
Chemical Oxygen Demand
$37.68
$38.81
$39.97
Dissolved Oxygen
$30.34
$31.25
$32.19
Fluoride
$18.18
$18.73
$19.29
Hardness
$17.63
$18.16
$18.70
Nitrogen
Ammonia
$33.03
$34.02
$35.04
Kjeldahl
$35.27
$36.33
$37.42
TKN
$68.13
$70.17
$72.28
Nitrate
$30.34
$31.25
$32.19
Nitrite
$20.04
$20.64
$21.26
Oil & Grease
$51.50
$53.05
$54.64
pH
$8.43
$8.68
$8.94
Phosphorus
Inorganic
$29.14
$30.01
$30.91
Orthophosphate
$21.24
$21.88
$22.54
Total
$50.38
$51.89
$53.45
Residue
Sett. Solids
$15.11
$15.56
$16.03
Coliform
$47.73
$49.16
$50.63
Suspended Solids
$18.18
$18.73
$19.29
Total Solids
$20.04
$20.64
$21.26
Total Dissolved Solids
$20.04
$20.64
$21.26
Volatile Solids
$24.86
$25.61
$26.38
Vol. Suspended Solids
$24.86
$25.61
$26.38
Specific Oxygen Demand
$76.01
$78.29
$80.64
Specific Conductance
$10.08
$10.38
$10.69
Sulfates
$26.08
$26.86
$27.67
Turbidity
$15.11
$15.56
$16.03
D. Elemental Analysis Performed by Atomic Absorption Spectrophotometry:
2004
2005
2006
Flame Technique
Aluminum
$24.19
$24.92
$25.67
Calcium
$24.19
$24.92
$25.67
Cadmium
$24.19
$24.92
$25.67
Chromium
$24.19
$24.92
$25.67
Copper
$24.19
$24.92
$25.67
Iron
$24.19
$24.92
$25.67
Lead
$24.19
$24.92
$25.67
$24.19
$24.92
$25.67
Magnesium
$24.19
$24.92
$25.67
Manganese
$24.19
$24.92
$25.67
Mercury
$24.19
$24.92
$25.67
Nickel
$24.19
$24.92
$25.67
Potassium
$24.19
$24.92
$25.67
Sodium
$24.19
$24.92
$25.67
Zinc
$24.19
$24.92
$25.67
Flameless Technique
Same Elements as Above
$24.19
$24.92
$25.67
E. Biosolids Application Program: $15.00/cu.yd.
[Ord. C33362 § 13; Passed: 12/22/2003]
Cross Reference: SMC 13.03.1226.
13.03.1022 Refuse Dumpster Maintenance Charge – Amount (Former Appendix J).
This section lists the Refuse Dumpster maintenance charge. It is the intent of the city council that the revenues from this rate be allocated into two categories: revenues for collection of wastewater and revenues for treatment and noncollection wastewater services. The allocation for collection of wastewater, and the rate for such service, is that amount determined to be the actual costs paid from this revenue source for collection of wastewater services, as determined each year. The remainder of the revenues shall be the rate for treatment/noncollection services.
A. Refuse Dumpster Maintenance Charge:
2004
2005
2006
Total:
$46.31/yr.
$47.70/yr.
$49.13/yr.
or
or
or
$3.86/mo.
$3.97/mo.
$4.09/mo.
$0.0346/100 cu. ft.
$0.0357/100 cu. ft.
$0.0367/100 cu. ft.
Inspection Fee
(start-up, one-time fee):
$80.00
$80.00
$80.00
[Ord. C33362 § 14; Passed: 12/22/2003]
13.03.1024 Wastewater Management Labor and Equipment – Basis.
The director of wastewater management develops charges for labor and equipment based on the following considerations:
A. Labor costs are a combination of salary, commercial driver’s license (CDL) pay, longevity pay, benefits, and indirect costs.
1. Salary. Top step of pay scale is used.
2. CDL Pay. Only classifications that require a CDL as a condition of employment are calculated with a $0.10 per hour surcharge.
3. Longevity Pay. Local 270 classifications receive additional pay dependent on number of years of service with the City of Spokane. An average is calculated for each classification that receives longevity pay.
4. Benefits Cost. A charge calculated by percentage is applied to the total wages to recover costs for the City of Spokane benefits package. Benefits are determined annually – last determined by DMG Maximus.
5. Indirect Cost. A charge calculated by percentage is applied to the total wages to recover costs for the City of Spokane indirect cost plan. Benefits are determined annually – last determined by DMG Maximus.
B. Equipment costs are a combination of depreciation and replacement costs, and maintenance and operation costs, which are applied by the annual average hourly usage.
1. Depreciation and Replacement Costs. Straight-line depreciation is used for every piece of equipment. The calculation is historical cost divided by the average useful life in terms of years. Depreciation costs are applied after the equipment is fully depreciated – at this point the costs are applied to replacement costs.
2. Maintenance and Operational Costs. Includes all costs to maintain and operate equipment; Examples: Fleet services maintenance and repairs, internal maintenance and repairs, and fuel usage.
3. Annual Average Hourly Usage. Majority of equipment hourly calculations are based on annual average labor hours. Annual labor hours are based on two thousand eighty-eight hours per year less allocations for vacation leave, sick leave, floating holidays, daily crew meeting, breaks, and equipment downtime.
4. Only construction crew heavy equipment is based on annual hour meter readings.
[Ord. C32939 § 12; Passed: 11/12/2001]
13.03.110 Definitions.
The following definitions SMC 13.03.1102 through 13.03.1142 apply to this article.
[Ord. C32059; Passed: 12/15/1997]
13.03.1102 “Adjusted.”
“Adjusted” means revised or adjusted by the director.
[Ord. C32059; Passed: 12/15/1997]
13.03.1104 “Approved.”
“Approved” means approved by the director unless otherwise specified.
[Ord. C32059; Passed: 12/15/1997]
13.03.1106 “Apartment Unit.”
“Apartment unit” means a dwelling unit occupying a portion of a premises containing two or more dwelling units on a common account, as reflected in the records of the utilities billing division.
[Ord. C32059; Passed: 12/15/1997]
13.03.1108 “Basic Service Charge.”
“Basic service charge” means charges applied to users of the wastewater treatment system for:
A. the cost to the City of Spokane attributed to accounting services, local debts services, taxes, billing and account collection for providing sewerage service; and
B. system improvements, each to be divided by the approximate number of municipal sewer service accounts of users.
The amount is set forth in SMC 13.03.1004.
[Ord. C33119 § 11; Passed: 12/9/2002]
13.03.1110 “Commercial User.”
“Commercial user” means any person, not classified as an industrial user or domestic user, doing business solely in the construction, wholesale, retail, finance, insurance, real estate, service or public administration industries and others, as described by the Standard Industrial Classification Manual 1972.
[Ord. C32059; Passed: 12/15/1997]
13.03.1112 “Commercial User Charge.”
“Commercial user charge” means the charge applied to a commercial user service account for the cost of treating the volume of wastewater from that service account of a standard strength of BOD, SS and P, plus a surcharge for the treatment of wastewater of more than standard wastewater strength as determined by wastewater monitoring, from a specific commercial user. Stormwater: also listed with commercial user charges are:
A. General Stormwater Service Charges. These are imposed for right-of-way maintenance and operations functions relating to stormwater management and control, fairly apportioned to the commercial user’s benefit enjoyed /burden created; and
B. A CSO (Combined Sewer Overflow) Stormwater User Surcharge. The CSO Stormwater surcharge is only imposed on commercial users within the CSO service area as reflected in the GIS map on file with the director of wastewater management, which Commercial (or industrial) uses also contribute stormwater flows directly into the combined sewer system.
The commercial user charges are set forth in SMC 13.03.1008.
[Ord. C33119 § 12; Passed: 12/9/2002]
13.03.1114 “Director.”
“Director” means the director of wastewater management of the City of Spokane, or his authorized deputy, agent or representative.
[Ord. C32059; Passed: 12/15/1997]
13.03.1116 “Discharge.”
“Discharge” means the quantity of wastewater, sewerage or other liquid material released into the sewage system of the City of Spokane as determined by:
A. constant metering by the City of Spokane of actual wastewater flow from a specific property; or
B. water consumption at a specific property as determined by actual metering of water supply from all sources; or
C. subsection (B) of this section, as adjusted for sanitary usage by employees and/or consumptive water uses determined not to contribute wastewater loading to the sewage collection and treatment system as measured by methods approved by the director.
[Ord. C32059; Passed: 12/15/1997]
13.03.1118 “Domestic User.”
“Domestic user” means any person having waste-water treatment system service furnished or available to the person’s own dwelling unit.
[Ord. C32059; Passed: 12/15/1997]
13.03.1122 “Domestic User Charge.”
“Domestic user charge” means the charge applied to a single-dwelling unit for the collecting and treating of the standard wastewater strength loading from an average single-dwelling unit. The domestic user charge shall be the minimum user charge for any class of user served by the City of Spokane wastewater treatment system. Also listed as domestic user charges are general stormwater service charges for right-of-way maintenance and operations functions relating to stormwater management and control, fairly apportioned to the domestic user’s benefit enjoyed/burden created. The domestic user charges are set forth in SMC 13.03.1008.
[Ord. C33119 § 13; Passed: 12/9/2002]
13.03.1124 “Dwelling Unit.”
“Dwelling unit” means a structure or portion of a structure capable of habitation by a single family, including but not limited to private houses, each unit of a duplex or apartment house, or a mobile home.
[Ord. C32059; Passed: 12/15/1997]
13.03.1126 “Industrial User.”
“Industrial user” means any person doing business in the agricultural, forestry, fishing, mining, manufacturing, transportation or utility industries and others, as described by the Standard Industrial Classification Manual 1972, divisions A, B, D or E.
[Ord. C32059; Passed: 12/15/1997]
13.03.1128 “Industrial User Charge.”
“Industrial user charge” means the charge applied to an industrial user service account for the cost of treating the volume of wastewater from that service account of a standard strength of BOD, SS and P, plus a surcharge for the treatment of wastewater of more than standard wastewater strength, as determined by wastewater monitoring from a specific industrial user.
[Ord. C32505 § 2; Passed: 11/29/1999]
13.03.1130 “Person.”
“Person” means any individual, family, firm, company, association, society, corporation or other entity or group.
[Ord. C32059; Passed: 12/15/1997]
13.03.1132 “Process Wastewater Loading.”
A. “Process wastewater loading” means:
1. all wastewater from an industrial user that exceed the upper limits of constituent pollutants: BOD, SS, or P, established for standard wastewater strength, and
2. all standard strength wastewaters from the industrial processes of an industrial user.
B. If wastewater flows from sanitary conveniences and industrial processing areas are separately discharged and monitored, only those wastewater flows from processing areas shall be considered as process wastewater loading.
C. If all wastewater flows are combined for discharge and monitoring, and BOD, SS and/or P concentration in such combined wastewater flows exceed the upper limits for the constituent pollutants established for standard strength wastewater, then the entire discharge shall be considered to be process wastewater loading.
[Ord. C32059; Passed: 12/15/1997]
13.03.1134 “Pretreatment of Wastes.”
“Pretreatment of wastes” means the treatment of wastewater at its source to modify the nature of concentration of constituent pollutants in the wastewater prior to its discharge into the municipal sewer system.
[Ord. C32059; Passed: 12/15/1997]
13.03.1136 “Standard Wastewater Strength.”
A. “Standard wastewater strength” or “standard strength sewage” means wastewater containing constituents typical of wastewater discharged from domestic dwelling units in the City of Spokane, specifically two hundred ten milligrams per liter (mg/l) of BOD, one hundred seventy mg/l SS, and 12.4 mg/l P.
B. Wastewater which is determined, by analysis of monitored sample, by the director, to be within the range of one standard deviation on either side of the typical value: (BOD between one hundred sixty and two hundred sixty mg/l, SS between one hundred twenty-five and two hundred fifteen mg/l, and P between 9.16 and 15.2 mg/l) and not containing other elements, materials or substances at concentration levels or amounts known to be detrimental to the structure or operation of the Spokane wastewater treatment system or hazardous to the health of municipal employees, and which will not cause the municipality to violate its national pollutant discharge elimination system (NPDES) permit, will be considered as being of standard wastewater strength.
[Ord. C32059; Passed: 12/15/1997]
13.03.1137 Stormwater Charge.
A. All premises within the City’s storm sewer service area shall pay a storm sewer user or stormwater charge. The stormwater charge is computed based upon classification of the account or premises served as domestic or commercial. The minimum charge is at least one domestic user charge for all accounts, notwithstanding any other provision. The storm sewer user charge is calculated by the director for storm sewer service to all premises in accord with SMC 13.03.1008.
B. Commercial Discounts.
1. For those subject to a commercial charge, the director shall grant a ten percent discount upon application by the customer, and a showing of approved onsite stormwater detention facility. Such facilities may include drywells, detention ponds, grassy swales and the like. An additional ten percent discount shall be granted to those qualifying under the first discount category, who also apply therefore and demonstrate approved onsite stormwater treatment practices, such as grassy swales.
2. To the extent not already addressed in subsection (B)(1) of this section, where a customer shows that it pays city sewer utility system charges for storm or surface water sewer utility system service for a new or remodeled commercial building that utilizes a permissive rainwater harvesting system, as recognized by the director, such charges shall be reduced by ten percent. To be eligible for a reduction under this subsection (B)(2), the permissive rainwater harvesting system must be properly sized to utilize the available roof surface of the building. For purposes of administration, a “commercial building” is presumed to be a building on premises billed “commercial user” stormwater user charges under SMC 13.03.1008(B). “New or remodeled” shall mean a building built new or substantially remodeled after July 26, 2003.
C. To obtain a discount under subsection (B) of this section, a customer must file a completed written application therefore on forms approved by the director and pay an inspection fee every two years depending on number of impervious acreages to be inspected. The fee for accounts up to one impervious acre is $0.00, one to five impervious acres is $50, five to ten impervious acres is $100, ten to twenty impervious acres is $200 and over twenty impervious acres is $400. The inspection certification approving discount eligibility is good for two years. The director administers this program with such additional rules as he/she shall provide, and may assess additional charges for administrative costs not encompassed herein.
[Ord. C33362 § 15; Passed: 12/22/2003]
Cross Reference: RCW 35.92.020(3).
13.03.1138 “User Charge.”
A. “User Charge” means the charge required to cover the costs of collection and treatment of wastewaters discharged to the Spokane Wastewater Treatment System, including treatment of the wastewater to remove: (1) suspended solids (SS), (2) biochemical oxygen demand (BOD), and (3) Phosphorus (P), as necessary to meet the standards established under State and Federal law for municipal sewage effluent, as set forth in the City of Spokane’s NPDES wastewater disposal permit, and the costs for the disposal of treated wastewater and any residuals.
B. The user charge rates shall be reviewed and may be adjusted annually by the director, subject to the approval of the city council, to accurately reflect the costs for treating each unit volume of wastewater and unit quantity of the above constituents, as necessary to comply with the requirements of the City of Spokane’s NPDES wastewater discharge permit.
C. The user charge will consist of a charge calculated, by the director, for the treatment and disposal of discharges of standard wastewater strength, plus a surcharge to be applied to commercial user and industrial user sewer service accounts based upon the quality of constituent pollutants: BOD, SS, or P, in the wastewater strength (SMC 13.03.1006). The amount of the surcharge shall be determined by an analysis, by the director, of the wastewater being discharged by specific commercial and industrial users.
[Ord. C32939 § 5; Passed: 11/12/2001]
Cross Reference: SMC 13.03.1006(A), 13.03.1138(B).
13.03.1140 “Wastewater Loading.”
“Wastewater loading” means the volume of wastewater flow and its constituent pollutants including: five-day biochemical oxygen demand (BOD), suspended solids (SS), and total phosphorus (P).
[Ord. C32059; Passed: 12/15/1997]
13.03.1142 “Wastewater Treatment System.”
“Wastewater treatment system” means and includes the system of sanitary or combined sewers, outfalls, treatment works, equipment, facilities, and land owned and utilized by the City of Spokane for sewage treatment and disposal, or any and all such facilities.
[Ord. C32059; Passed: 12/15/1997]
13.03.120 Rates and Charges.
Rates and charges for the furnishing of service to those served by the system of sewerage of the City of Spokane, or having such service available, shall be as follows in SMC 13.03.1202 through 13.03.1216.
[Ord. C32059; Passed: 12/15/1997]
13.03.1202 Single-Dwelling Units – Family Day-Care Home.
A. Single-dwelling units, apartment house units, mobile home units and trailer park units which are shown to pay as separate accounts in the records of the utilities billing division of the City of Spokane, shall be charged the basic service charge plus one domestic user charge.
B. Family day-care homes, as defined in SMC 13.04.2002(D) of water rates, are considered domestic users and shall be charged the basic service charge plus one domestic user charge.
[Ord. C32939 § 6; Passed: 11/12/2001]
Cross Reference: SMC 13.03.1008.
13.03.1204 Additional Units.
A. All apartment house, multiple-unit dwelling, mobile home and trailer park service accounts shall be charged the basic service charge plus a domestic user charge for the first unit. Each additional unit will be charged the same minus a customer service charge (billing charge) of $0.35 per unit, provided all units in the complex are billed and paid as one account to the utilities billing division.
B. No vacancy allowance will be made on any house in a group served by one meter unless all houses served by one meter are vacant and the water is shut off at the City valve by the department of water and hydroelectric services.
[Ord. C32939 § 7; Passed: 11/12/2001]
Cross Reference: SMC 13.03.1008.
13.03.1206 Commercial Users.
A. Commercial users shall be charged, for each account, the basic service charges, plus the user charge or the rate for a single-dwelling unit, whichever is greater.
B. The commercial user charge shall be determined for each account according to: actual metering by the City of Spokane of wastewater flow from a specific property; or water consumption at a specific property as determined by actual metering by the City of Spokane of water supplied from all sources; or consumptive water uses determined by the director not to contribute wastewater loading to the sewage collection and treatment system as measured by methods approved by the director and either:
1. the user charge rate for standard commercial wastewater strength, or
2. the rate for standard commercial wastewater strength plus a surcharge.
C. The commercial user surcharge shall be calculated from the strength of the wastewater discharged by a specific user, as determined by a monitoring program conducted by the director, of the individual discharge of the commercial user or for the discharge of a typical representative of a class of commercial users.
D. A commercial, or class of commercial, user’s wastewater strength shall be determined by the City during a monitoring period each year, conducted by the director. Time interval composite samples taken at the wastewater monitoring access (see SMC 13.03.1304, etc.) shall be used to determine wastewater strength unless flow proportional sampling equipment is available (see SMC 13.03.130), in which case the samples shall be flow proportioned.
E. The commercial user surcharge rate shall be established annually, where applicable, for the commercial entity based on data for the previous sampling period and may be adjusted at the end of each year for future billing periods.
[Ord. C32939 § 8; Passed: 11/12/2001]
Cross Reference: SMC 13.03.1006, 13.03.1008, 13.03.1206(B).
13.03.1208 Combination Domestic/Commercial.
Domestic units in combination with commercial user facilities, where the account is metered and paid as one account to the utilities billing division shall be as follows: One basic service charge plus the commercial user charge plus the basic service charge, less credit for customer service costs, for each domestic dwelling unit of the complex per month.
[Ord. C32059; Passed: 12/15/1997]
13.03.1210 Industrial Users.
A. Industrial users shall be charged, for each account, the basic service charges plus their established user charge.
B. The industrial user charge shall be determined for each account according to: constant metering by the City of Spokane of actual wastewater flow from a specific property; or water consumption at a specific property as determined by actual metering by the City of Spokane of water supplied from all sources; or consumptive water uses determined by the director not to contribute wastewater loading to the sewage collection and treatment system as measured by methods approved by the director, and either:
1. the user charge rate for standard wastewater strength, or
2. the rate for standard wastewater strength plus a surcharge.
C. The industrial user surcharge shall be calculated from the strength of the wastewater discharged by a specific user, as determined by a monitoring program conducted by the director, of the individual discharge of the industrial user or for the discharge of a typical representative of a class of industrial users.
D. An industrial user’s or class of industrial user’s wastewater strength shall be determined by the City during a monitoring period each year, conducted by the director. Time interval composite samples taken at the wastewater monitoring access (see SMC 13.03.1304, etc.) shall be used to determine wastewater strength unless flow proportional sampling equipment is available (see SMC 13.03.130), in which case the samples shall be flow proportioned.
[Ord. C32939 § 9; Passed: 11/12/2001]
Cross Reference: SMC 13.03.1006.
13.03.1212 Large Industrial Users – Monitoring.
Industrial users falling within the classification of SMC 13.03.1308 will be monitored once each six months by the City as a minimum to establish wastewater strength for utilization in computing the user charge surcharge. Other industrial user monitoring will be on an annual basis. The industrial user surcharge rate shall be established annually for the industry based on data from the previous sampling period and may be adjusted at the end of each year for future billing periods.
[Ord. C32059; Passed: 12/15/1997]
13.03.1214 Wholesale Customers.
Other sewer districts or municipalities depositing wastewater into the Spokane municipal sewer system under contract with the City of Spokane shall be charged the current industrial rate of wastewater loading based upon measurement of flow and waste constituents plus a service fee to recover accounting, debt service and billing expenses as determined by the director. All industries discharging to the tributary district shall be subject to user charges for extra strength wastewater as if they were connected directly to the City of Spokane wastewater collection system.
[Ord. C32059; Passed: 12/15/1997]
13.03.1216 Septage Haulers.
A. Septage haulers shall be charged a fixed rate per one thousand gallons of truck tank capacity for each load dumped into the Spokane municipal sewage collection system, to reflect the cost of treatment of a full truck volume of septage of average strength as established by the director, plus a service fee for handling.
B. Each septage hauler must log each load dumped with designated wastewater treatment plant operating personnel, and must comply with City rules for septage dumping procedures, times and clean-up, and must carry in the vehicle a copy of a certificate establishing the total truck tank volume. This certificate shall consist of:
1. an approved calculation of total truck tank volume, or
2. an approved report of an actual displacement test to determine volume.
The certificate shall accurately indicate the total capacity of the vehicle for hauling septage.
[Ord. C32939 § 10; Passed: 11/12/2001]
Cross Reference: SMC 13.03.1012.
13.03.1224 Stormwater Pumpage Connection User Charge.
A. Storm/groundwater basement connection for domestic users shall be a fixed rate based upon treatment and collection costs for standard strength wastewater assuming 0.36 Mgal/yr. (25 gpm @ 5 min./hr. x 24 hrs./day for four months) or based on actual sump pump run time and a fixed rate for future stormwater system expansion projects as reviewed and approved by the director.
B. Storm/groundwater basement connections for commercial and industrial users shall be a site specific rate based on treatment and collection costs for standard strength wastewater for the capacity rating of the sump pup and the estimated pumping duration and a fixed rate for future stormwater system expansion projects as reviewed and approved by the director.
[Ord. C32505 § 7; Passed: 11/29/1999]
13.03.1226 Rate Stabilization Fund Contribution.
A. In addition to user charges for providing sewerage collection service to customers for sewerage collection service, all residential accounts are assessed a rate stabilization fund surcharge which shall be placed in a separate fund reserved for purposes of contribution to capital works. Said assessment will be capped at $4.00 per month.
B. Commercial accounts will also contribute a similar contribution to capital surcharge in addition to the charges made for providing sewerage collection service. The commercial surcharge is computed based on consumption, which will be capped at fourteen percent of the 1997 rates.
C. ERU Surcharge. All accounts will further be charged, per equivalent residential unit (ERU), a capital contribution ERU surcharge. Such ERU surcharge shall be separate from and in addition to the charge for providing sewerage collection service, which shall not be less than the actual cost of providing such sewerage collection service. The number of ERUs in any given project is determined by the director of engineering services or designee based upon the building permit application. In case of changes in occupancy or use, the ERU designation may be adjusted accordingly. Said charge shall be payable as follows, at the customers election:
1. one time payment: a one time payment of $300 per ERU designated, due upon issuance of a side sewer permit; or
2. installments: a two year monthly rate surcharge, which may be included in the regular monthly utility bill commencing at the time of initiation of utility service to the subject premises, of $13.57 per month per ERU, any delinquency to be collectable as a lien against the premises pursuant to RCW 35.67.200 in addition to all other accrued charges. In case this option is selected, prior to issuance of the side sewer permit, the customer shall furnish the City issuing official evidence of recording of an ERU rate surcharge notice on the title of the premises concerned advising of the ERU surcharge under this subsection (C)(2).
D. This charge reflects the original $300 surcharge per ERU over a two-year period, plus eight percent interest. At any time, a customer can pay off the unpaid principal balance. Customer billings shall be itemized so that the actual charges for providing sewerage collection service is set forth, separate and apart from other charges, which charge shall not be less than the actual cost of providing such sewerage collection service. The rate stabilization or contribution to capital charge shall be itemized separate and apart from such charges.
[Ord. C32939 § 11; Passed: 11/12/2001]
Cross Reference: SMC 13.03.1008, 13.03.1010, 13.03.1012, 13.03.1014, 13.03.1016, 13.03.1020.
13.03.130 Equipment – Rates, Monitoring.
Rate adjustments based on equipment and equipment monitoring provisions are reflected in the following SMC 13.03.1302 through 13.03.1322.
[Ord. C32059; Passed: 12/15/1997]
13.03.1302 City Water Supplied Commercial, Industrial Users.
Commercial and industrial users which derive their water supply solely from the water system of the City of Spokane shall be charged by volume of flow based upon either City water meter readings, approved wastewater flow monitoring equipment, or by such other method as shall be approved by the director.
[Ord. C32059; Passed: 12/15/1997]
13.03.1304 Other Water Supply Sources – Commercial, Industrial Users.
Commercial and industrial users which derive all or part of their water supply from wells or sources other than the City of Spokane shall be charged by volume of wastewater flow based upon either readings from City-approved water meters, approved wastewater flow monitoring equipment, or other methods approved by the director.
[Ord. C32059; Passed: 12/15/1997]
13.03.1306 Flow Monitoring.
Commercial and industrial users which derive all or part of the wastewater from product concentration, moisture condensation, foundation drains, yard drains, or other nonmetered sources, shall install approved wastewater flow monitoring equipment upon notice given by the director.
[Ord. C32059; Passed: 12/15/1997]
13.03.1308 Large Industrial Users.
A. Industrial users which contribute more than one hundred fifty thousand gallons (twenty thousand cubic feet) per day of wastewater flow, three hundred sixty pounds of BOD per day, two hundred ten pounds of SS per day, and/or sixteen pounds of P per day, as an average for any seven days in each year, shall install approved wastewater flow metering, recording and totalizing equipment and refrigerated, proportional to flow, sampling equipment.
B. If such industrial users do not supply approved monitoring facilities, they shall provide to the City every three months a report on wastewater loads for periods of normal operations based upon a minimum of seven days of flow proportioned sampling. The report shall be prepared by an approved independent licensed engineer or approved independent laboratory.
[Ord. C32059; Passed: 12/15/1997]
13.03.1310 Flow Measure – Design, Plans, Instrumentation.
A. Designs and plans of wastewater flow measurement and sampling installations must be submitted to the director for approval prior to installation. Flow or level sensor equipment must be insensitive to or protected from solids accumulation, temperature variations or surface foaming and must be capable of being readily calibrated. Wastewater sampling equipment must obtain flow proportioned samples without distorting the concentration of any waste constituent.
B. Flow instrumentation must include a means for determining daily peak flow rate and a digital flow totalizer reporting in thousands of gallons and the totalizer must not turn over more than once per year during the first year of installation. Representatives of the City of Spokane shall be permitted access to the monitoring station at all times. The industry using the monitoring facility shall maintain its accuracy and good working order. If the equipment becomes inoperable, the user shall provide a wastewater report as described in SMC 13.03.1308.
[Ord. C32059; Passed: 12/15/1997]
13.03.1312 User Charge Based on Volume.
A. Sewerage user charges established on the basis of wastewater volumes calculated upon City water meter readings shall be adjusted on request to reflect water volumes consumed on the property of the customer for irrigation, evaporation equipment, steam equipment, product additions or other similar consumptive water uses, that do not contribute wastewater loading to the municipal sewage collection and treatment system, as provided hereafter.
B. Meters of a design approved in coordination with the director and department of water and hydroelectric services may be installed by the user for the purpose of adjusting the volume of water consumption to establish actual wastewater loading to the municipal sewage collection and treatment system to determine the proper sewage user charge. Each account may be assessed an additional forty percent of basic service charges per meter. Meter installations used to determine actual wastewater loadings of the municipal sewage treatment and collection system must be approved by the director. Effective January 1, 1988, all new commercial and industrial users will be allowed volume discounts, only when a separate approved water meter is provided at the owner’s expense to quantify the actual volume not discharging to the sewer (lawn sprinkling).
C. The water meter must be a positive displacement meter with a digital dial totalizer reading in hundreds of cubic feet. The totalizer must not turn over more than once per year during the first year of installation. The equipment of plumbing following a water meter used for wastewater flow reduction must not contain overflows or valves that can discharge to the sanitary sewer system. The City shall be permitted access to the premises for meter reading and confirming that the water use is as stated by the user.
D. Upon written request, and subject to the approval of the director, the volume of wastewater loading of the municipal sewage collection and treatment system for any specific user may be determined on the basis of the average of the amounts of water consumed per month by the user during a five-month period commencing on the date of a water meter reading in the month of November and concluding on the date of a water meter reading in the following month of April, which average shall be computed annually after the water meter reading in April of each succeeding year. This estimated computation has a fee of $2.00 per month.
[Ord. C32059; Passed: 12/15/1997]
13.03.1314 Industrial User to Provide Monitoring Access.
Each industrial user shall provide an approved wastewater monitoring access to its wastewater stream(s) ahead of the point of entering the public sewer system and downstream of all plants drainage inflows.
[Ord. C32059; Passed: 12/15/1997]
13.03.1316 Commercial User Monitoring.
Commercial users expected or determined to discharge wastewaters with BOD, SS and/or P concentrations greater than the range established for standard wastewater strength, or wastewater containing any of the materials identified in article IV of this chapter (13.03.0406), shall also provide an approved wastewater monitoring access to its wastewater stream(s) ahead of the point of entering the public sewer system and downstream of all plant drainage inflow. The City shall be permitted access to the wastewater monitoring point(s).
[Ord. C32059; Passed: 12/15/1997]
13.03.1318 May Order Additional Monitoring.
The director may order installation and maintenance, at the user’s expense, of wastewater flow monitoring equipment and proportional flow sampling equipment where wastewater loading cannot be reasonably determined. The City of Spokane shall be given complete access to all such equipment.
[Ord. C32059; Passed: 12/15/1997]
13.03.1320 Equipment Installation Deadlines.
Unless a shorter time is ordered by the director, users required to install flow monitoring and sampling equipment must complete installation within one hundred eighty days of notification to install the equipment or the department may do so, with or without further notice, at the user’s sole expense and liability.
[Ord. C32059; Passed: 12/15/1997]
13.03.1322 Large User Predischarge Approval.
Any commercial and industrial user initiating a discharge or increasing the rate of discharge of wastewater or pollutants, who is within the definition of SMC 13.03.1308, shall receive approval prior to initiation of or increase of such discharge.
[Ord. C32059; Passed: 12/15/1997]
13.03.140 New Accounts.
Rates and charges for commercial and industrial users commencing to receive service from the wastewater treatment system shall be charged for volume of flow as a standard wastewater load plus surcharges based upon a report of expected wastewater characteristics which shall be submitted by the prospective user and approved by the director prior to discharge of wastewater.
[Ord. C32059; Passed: 12/15/1997]
13.03.160 Wastewater Analyses and Reports.
SMC 13.03.1602 through 13.03.1608 relate to wastewater analyses and reports.
[Ord. C32059; Passed: 12/15/1997]
13.03.1602 Standard Methods for the Examination of Water and Sewage.
All measurements, tests and analyses of the characteristics of wastewaters to determine wastewater loading and/or whether or not the established limits for standard wastewater are exceeded shall be made as prescribed in the latest edition of “Standard Methods for the Examination of Water and Sewage,” a publication of the American Public Health Association, Inc.
[Ord. C32059; Passed: 12/15/1997]
13.03.1604 Laboratory Must be Approved.
All measurements, tests, analyses and reports accepted by the City of Spokane shall be performed by laboratories or persons approved by the director.
[Ord. C32059; Passed: 12/15/1997]
13.03.1606 Monitoring-Pretreatment Program.
A. The City of Spokane shall monitor the wastewater from industrial users discharging process wastewaters and commercial users expected or determined to discharge wastewaters with greater constituent strength than the range for standard strength wastewaters or constituents listed in article IV of this chapter to determine the flow and wastewater strength and suitability for treatment at a frequency determined adequate by the director.
B. The results of this monitoring shall be used to assess representative wastewater charges or to assure that no wastewater loading changes have occurred since the last billing rate adjustment. The scheduled frequency for monitoring each user or group of users shall be available for examination by the public.
C. Industrial and/or commercial users who feel that more frequent monitoring would be desirable may monitor more frequently and submit reports for the director’s use in assessing charges. The monitoring and reports shall comply with this chapter and shall be at the user’s expense.
[Ord. C32059; Passed: 12/15/1997]
13.03.1608 Monitoring Results Public.
Results of monitoring shall be public information, and records thereof shall be open to public examination upon request to the director unless the individual user requests otherwise and presents an affidavit that release of such information would allow others to determine therefrom information regarding proprietary processes or operations.
[Ord. C32059; Passed: 12/15/1997]
13.03.170 Adjustments of Charges.
The director will review user charges and revise them periodically to reflect actual treatment works operation and maintenance costs. Charges for each billing period will be determined based on wastewater flow and on approved wastewater strength monitoring.
[Ord. C32059; Passed: 12/15/1997]
13.03.180 Orders.
A. The director shall be authorized to issue an order prohibiting further discharge into the municipal sewerage system to any user who refuses to comply with the provisions of these regulations or where deemed necessary to protect the public health and safety. Users may appeal to the director for an adjustment in user charge, such an appeal must be made within thirty days of the billing under dispute.
B. In the event that City-determined wastewater strengths and/or flows are challenged, an appeal must be accompanied by or be followed within thirty days by a report based upon samples and tests performed by an approved laboratory and/or engineer setting forth the flows and/or waste strengths in dispute. Decisions of the director on appeals may be further appealed to the director of public works and utilities, whose decision is final.
C. Storm/groundwater basement connection for domestic users shall be a fixed rate based upon treatment and collection costs for standard strength wastewater assuming 0.36 Mgal/yr. (25 gpm @ 5 min./hr. x 24 hrs./day for four months) or based on actual sump pump run time and a fixed rate for future stormwater system expansion projects as reviewed and approved by the director.
D. Storm/groundwater basement connections for commercial and industrial users shall be a site specific rate based on Treatment and collection costs for standard strength wastewater for the capacity rating of the sump pup and the estimated pumping duration and a fixed rate for future stormwater system expansion projects as reviewed and approved by the director.
[Ord. C32762; Passed: 12/11/2000]
13.03.190 Persons Subject to Sewer User Charges.
Every person to whom service is furnished by the sewage collection and treatment system of the City of Spokane, and every person to whom such service is available by said system of sewerage, as determined by the director or applicable laws or regulations, shall be charged for such service on the basis set forth herein.
[Ord. C32059; Passed: 12/15/1997]
13.03.9002 Severability.
If any section, subdivision, part, or word of this chapter or any regulation, rule, or order adopted pursuant to the authority hereof be determined invalid, the determination will not affect the remainder but will be confined to the section, subdivision, part, or word directly involved in the controversy.
[Ord. C30677; Passed: 1/19/1993]
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