Municipal Code

Title 13 Public Utilities and Services

Article I. General Provisions

Section 13.03A.0103 Definitions [1.3]

Unless a provision explicitly states otherwise, the following definitions, terms and phrases, as used in this chapter shall have the following meanings.

Act or “the Act.”

The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq.

Applicable Pretreatment Standard.

For any specified pollutant, City prohibitive standards, City specific pretreatment standards (local limits), State of Washington pretreatment standards, or EPA categorical pretreatment standards, (when effective), whichever standard is appropriate or most stringent.

Approval Authority.

The Washington State Department of Ecology through its authorized representative as delegate agency of the EPA.

Authorized Representative of a User.

1. If the user is a corporation:

1. 1. 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

1. 1. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in writing, in accordance with corporate procedures.

1. If the user is a partnership or sole proprietorship, a general partner or proprietor respectively.

1. 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 facility, or their designee.

1. The individuals described in paragraphs 1 through 3 of this section may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the user, and the written authorization is submitted to the City.

Baseline Monitoring Report or BMR.

A specific informational report which may be required under sections of this chapter or ordered by the Plant Manager for particular informational needs. The report may relate to industrial processes, flows, sampling information, or other data, and may be used as a reference point against which comparisons may be made to measure data or sampling changes. BMR information requirements arise under discharge permit applications, reporting requirements for categorical users, industrial users subject to equivalent mass limits (baseline production rate information) and other areas. (Cross Reference: 40 CFR §403.6 (c)(5)(ii)(C), 40 CFR §403.12(b))

Best Management Practices or BMPs.

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in SMC 13.03A.0201(A) and (B) (or as expressed in 40 CFR §403.5(a)(1) and (b)) or other provisions of the chapter as ordered by the Plant Manager or required under state or federal regulation. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. They may be used in individual or general discharge permits or any other circumstances. (Cross Reference: 40 CFR §403.3(e))

Biochemical Oxygen Demand or BOD.

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at twenty degrees Celsius, usually expressed as a concentration (e.g., milligrams per liter or mg/L).

Categorical Industrial User or CIU, also sometimes abbreviated to “Categorical User.”

A user regulated by one of EPA’s categorical pretreatment standards.

Categorical Pretreatment Standard or Categorical Standard.

Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that applies to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 - 471.

Chemical Oxygen Demand or COD.

A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

City.

The City of Spokane, a Washington State municipal corporation, acting by and through its wastewater management department.

Color.

The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.

Composite Sample.

The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

Control Authority.

(1) The POTW if the POTW’s Pretreatment Program Submission has been approved in accordance with the requirements of § 403.11; or (2) the Approval Authority if the Submission has not been approved.

Cooling Water.

See “Non-contact Cooling Water”.

Daily Maximum Limit (DML) or Daily Limit.

The maximum allowable discharge of a pollutant over a calendar day or equivalent twenty-four hour period. Where DML is expressed in units of mass, compliance is the product of the Daily Concentration and the flow over the same period.

Discharge Permit or Wastewater Discharge Permit.

A grant of approval by the Plant Manager to discharge wastewater into the POTW to a person required to hold a discharge permit under this chapter. Discharge permits may be individual discharge permits, which contain individually developed permit requirements, or general discharge permits, which contain the same or similar requirements developed to cover a group or class of industrial users who have been identified as eligible for general permit status. The contents of either a general or individual discharge permit are similar, as required herein. (See 40 CFR §403.8 (f)(2))

Domestic User (Residential User).

Any person who contributes, causes, or allows the contribution of wastewater into the POTW that is of a similar volume and/or chemical make-up to that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to one hundred gallons per capita per day, two-tenths pounds of BOD per capita per day, and seventeen one-hundredths pounds of TSS per capita per day.

Environmental Protection Agency or EPA.

The U.S. Environmental Protection Agency, or where appropriate, the director of the Region 10 Office of Water, or other duly authorized official of the agency.

Existing Source.

A categorical industrial user, the construction or operation of whose facility commenced prior to the publication by EPA of proposed categorical pretreatment standards which would be applicable to such source if and when the standard is thereafter promulgated in accordance with Section 307 of the Act.

Existing User.

Any non-categorical user which was discharging wastewater prior to the effective date of this ordinance.

Grab Sample.

A sample which is taken from a waste stream on a one-time basis without regard to flow in the waste stream and without consideration of time. (Source: 40 CFR §403.7 (b)(2)(iv))

Indirect Discharge or Discharge.

The introduction of pollutants into the POTW from any non-domestic source regulated under section 307 (b), (c) or (d) of the Act (33 USC §1317). The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.

Industrial User (IU) or User.

A source of indirect discharge. (Source: 40 CFR §403.3 (j)) The source shall not include “Domestic User” as defined herein.

Instantaneous Limit.

The maximum or minimum pH, or amount of flow, or pollutant allowed to be discharged at any point in time, determined by either continuous monitoring or discrete sample analysis.

Interference.

A discharge which, alone or in conjunction with a discharge or discharges from other sources, either:

1. inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; or

1. 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) or of the prevention of sewage sludge use or disposal in compliance with applicable laws and regulations. Such laws and regulations include section 405 of the Clean Water Act (33 USC §1345) and the Solid Waste Disposal Act (SWDA). This further includes Title II, the Resource Conservation and Recovery Act or RCRA, 42 U.S.C. §§ 6901-6992k. Further included are state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA and sludge regulations in 40 CFR Part 503. Further included are the Clean Air Act (42 USC §§7401 et seq); the Toxic Substances Control Act (15 USC §§2601 et seq); and the Marine Protection, Research and Sanctuaries Act (33 USC §§1401-1445 and 16 USC §§1431-1445). Further included are any other state or local requirements. (Source: 40 CFR §403.3 (k)) (Cross Reference: WAC 173-216-030 (9))

Local Limit.

Effluent limitation developed for users by the Plant Manager to specifically protect the POTW from the potential of pass through, interference, and intended biosolids uses. The limits shall be based on the POTW’s site-specific flow and loading capacities, receiving water considerations, and reasonable treatment expectations for non-domestic wastewater.

Maximum Allowable Discharge Limit.

The maximum concentration or loading of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

Medical Waste.

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

Monthly Average.

The arithmetic mean of the effluent sample results collected during a calendar month or specified thirty day period. Where the control authority has taken a sample during the period, it must be included in the monthly average if provided in time. However, where composite samples are required, grab samples taken for process control or by the control authority are not to be included in a monthly average.

Monthly Average Limit, also sometimes referenced as “Average Monthly Limit.”

The limit to be applied to the monthly average to determine compliance with the requirements of this chapter.

New Source.

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 categorical pretreatment standards under section 307(c) of the Act (33 USC §1317) which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that the:

1. 1. building, structure, facility or installation is constructed at a site at which no other source is located; or

1. 1. building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

1. 1. production or 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.

1. 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 subsection 1(b) or (c) of this section, but otherwise alters, replaces, or adds to existing process or production equipment.

1. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

1. 1. begun, or caused to begin, as part of a continuous onsite construction program:

1. 1. 1. any placement, assembly, or installation of facilities, processes, or equipment; or

1. 1. 1. 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, processes, or equipment; or

1. 1. 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 or 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 paragraph. (Source: 40 CFR §403.3 (m))

New User.

Any user that is not regulated under federal categorical pretreatment standards but that applies to the City for a new building permit or occupies an existing building and plans to commence discharge of wastewater to the City’s collection system after the effective date of this ordinance. Any person that buys an existing facility that is discharging non-domestic wastewater will be considered an “existing user” if no significant changes are made in the manufacturing operation.

Non-contact Cooling Water.

Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.

Pass Through.

A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City’s NPDES permit, including an increase in the magnitude or duration of a violation, or which is a violation of a state water quality standard. (Source: 40 CFR §403.3(p))

Permittee.

A person, source, or user issued a discharge permit.

Person.

Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes federal, state, and local governmental agencies or entities.

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

Plant Manager.

The person designated by the City of Spokane to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.

Pollutant.

Any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of wastewater (i.e. pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, or odor).

POTW Treatment Plant. (see definition of POTW below)

That portion of the POTW which is designed to provide treatment (including recycling and reclamation) of wastewater, including municipal sewage and industrial waste. (Source: 40 CFR §403.3(r))

Pretreatment.

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, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes, or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. Dilution is not considered pretreatment.

Pretreatment Requirements.

Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

Pretreatment Standards or Standards.

Prohibited discharge standards (SMC 13.03A.0201), categorical pretreatment standards (SMC 13.03A.0202), state pretreatment standards (SMC 13.03A.0203), and local limits (SMC 13.03A.0204), and/or BMP’s established by the POTW. In addition, this definition includes anything encompassed in 40 CFR §403.3(l) and/or WAC 173-216-030 (17). (Cross Reference: SMC 13.03A.0201 through SMC 13.03A.0204)

Prohibited Discharge Standards or Prohibited Discharges.

Absolute prohibitions against the discharge of certain substances, grouped as “General Prohibitions” and “Specific Prohibitions.” (Cross Reference: SMC 13.03A.0201)

Publicly Owned Treatment Works or POTW.

A treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. The term also means the City.

Septic Tank Waste.

Sewage and typically associated solids from domestic activities pumped from a septic tank serving one or more private residences. The Plant Manager may also consider wastes from other holding tanks such as boat/RV blackwater, bilge water, cesspools, and treatment lagoons to be Septic Tank Waste so long as they are absent chemicals which might inhibit biological activity or adversely affect the POTW

Sewage.

Human excrement and gray water (household showers, toilets, kitchens, clothes and dishwashing operations, and related domestic activities).

Sewer.

Any pipe, conduit ditch, or other device used to collect and transport sewage from the generating source.

Shall, May.

“Shall” is mandatory, “may” is permissive.

Significant Industrial User (SIU).

1. A user subject to categorical pretreatment standards, or

1. A user that:

1. 1. discharges an average of twenty five thousand gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blow down wastewater); or

1. 1. contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant. As used herein “organic capacity” means the capacity of the treatment plant to treat wastewater as opposed to the “hydraulic capacity” or capability to accept and handle fluids; or

1. 1. is designated as such by the Plant Manager on the basis that it has a reasonable potential to cause an adverse effect on the POTW’s operation, adverse impact on the City’s ability to comply with its NPDES permit, cause the POTW to violate any pretreatment standard or requirement or because of other regulatory control needs. (Source: 40 CFR §403.3(v))

1. The Plant Manager may determine that a user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the user never discharges more than one-hundred gpd of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

1. 1. The user, prior to the Plant Manager’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

1. 1. The user annually submits the certification statement required in 40 CFR Part 403.12(q), together with ((a)) any additional information necessary to support the certification statement; and

1. 1. The user never discharges any untreated concentrated wastewater.

1. Upon a finding that a user meeting the criteria in subsection (2) has no reasonable potential for adversely affecting the POTW’s operation or for violating any applicable pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user and in accordance with procedures in 40 CFR Part 403.08(f)(6) determine that the user should not be considered a significant industrial user.

Slug Discharge or Slug Load.

Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards, categorical standards, state requirements or local limits, or any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge.

Standard Industrial Classification (SIC) Code.

A classification pursuant to the Standard Industrial Classification Manual issued by the United States office of management and budget. The City uses the North American Industry Classification System if available.

Stormwater.

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

Total Suspended Solids (TSS).

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

Treatment Facility Effluent

The discharge from the POTW Treatment Plant into the waters of the United States.

User or Industrial User.

A source of indirect discharge. The source shall not include “domestic user” as defined herein.

Wastewater.

Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

Wastewater Treatment Plant, Water Reclamation Plant, or Treatment Plant.

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

NOTE: Bracketed enumerations reference the numbering in the EPA Region 10 Model Ordinance of March 27, 2012.

Date Passed: Monday, November 9, 2020

Effective Date: Wednesday, December 16, 2020

ORD C35961 Section 3

Spokane Municipal Code