Spokane Municipal Code

Title 13 Public Utilities and Services

Chapter 13.03A Pretreatment

Article III. Wastewater Discharge Permit

Section 13.03A.0307 Discharge Permit Contents [3.7]

1. Discharge permits include such conditions determined appropriate by the Plant Manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, protect against damage to the POTW or otherwise deemed necessary under the City’s pretreatment regulatory program. All discharge permits must further specifically include all the elements as required by 40 CFR §403.8(f)(1)(iii)(B). Not by way of limitation, these include:

1. 1. the issuance date, effective date (if different), and expiration date. The expiration date may not exceed five years from the effective date;

1. 2. provision for annual inspection and any applicable arrangements therefore. Payment of the annual inspection fee is required as specified in SMC 13.03A.1401;

1. 3. a statement that the discharge permit is non-transferable except upon written Plant Manager approval and acceptance by the transferee/owner/operator of all permit (control mechanism) conditions, together with any additional requirements of transfer approval;

1. 4. effluent limits, including best management practices, based on applicable pretreatment standards and requirements, including any special state requirements;

1. 5. self-monitoring, sampling, reporting, notification, submittal of technical reports, compliance schedules, and record-keeping requirements, including an identification of pollutants to be monitored, BMPs, sampling location, sampling frequency, and sample type, based upon federal, state and local requirements;

1. 6. requirement for immediate notification to the City whenever self-monitoring or other information indicates non-compliance;

1. 7. requirement to report bypass or upset of a pretreatment facility;

1. 8. requirement to report immediately to the City all discharges, including slug loadings, that could cause problems to the POTW;

1. 9. requirements for the SIU reporting non-compliance to repeat sampling and analysis and submit results to the Plant Manager within thirty days of becoming aware, or from the time the SIU should reasonably have become aware of a violation;

1. 10. a statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule, which shall not exceed that required by law;

1. 11. requirements to control accidental spill/slug discharge, which may be included in an accidental spill prevention/slug discharge control plan. The Plant Manager orders such a plan whenever determined necessary as provided in SMC 13.03A.0211;

1. 12. any grant of a monitoring waiver by the Plant Manager must be included as a condition in the user’s discharge permit or other control mechanism.

2. Discharge permits may include, but need not be limited to, the following conditions:

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

1. 2. requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW;

1. 3. requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

1. 4. development and implementation of wastewater minimization plans to reduce the amount of pollutants discharged to the POTW;

1. 5. the unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW, but any charges or fees remain subject to adjustment;

1. 6. requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

1. 7. a statement that compliance with the individual discharge permit or the general discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state or local pretreatment standards, including those which become effective during the term of the individual discharge permit or the general discharge permit;

1. 8. any special terms and/or agreements the Plant Manager chooses to continue or develop between the City and user; and

1. 9. other BMPs or conditions as deemed appropriate by the Plant Manager to assist compliance with this chapter, and applicable federal and state requirements.

3. The Plant Manager may require any user to submit an onsite stormwater management plan or other provisions deemed necessary to meet the purpose and intent of this chapter and include such requirements in the discharge permit. The Plant Manager may require provisions for handling, monitoring, and sampling of stormwater to be included in the plan or permit. The Plant Manager may require other information, including an analysis, report or certification by an engineer or other qualified professional to support permit or plan requirements, signed as required in SMC 13.03A.0305(A) and submitted with a fee required in SMC 13.03A.1401.

4. An incomplete or inaccurate permit is no defense for non-compliance with applicable pretreatment standards and requirements. The City relies upon regulated users and persons to proactively identify and disclose compliance problems and permit inaccuracies or deficiencies, as specialists in those particular industries and occupations they may pursue. Notwithstanding, the Plant Manager’s exercise of discretion and judgment consistent with this chapter shall always be granted full deferential consideration of enforcing agency expertise, in case of dispute with any regulated user or person.

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 31