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Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated:

“Accessible,” when applied to required pretreatment monitoring or treatment equipment, shall mean direct access without the necessity of removing any panel, door, vehicle, equipment, materials, or other similar obstruction.

“Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended.

“AKART” means an acronym for “all known, available, and reasonable technology” methods (prevention, control and treatment) to prevent and control pollution of the waters of the State of Washington. AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge.

“Applicable pretreatment standards” means, for any specified pollutant, this chapter as amended, State of Washington pretreatment standards, or EPA’s Categorical Pretreatment Standards (when applicable), whichever standard is appropriate and most stringent.

“Approval authority” means the Washington State Department of Ecology.

“Authorized representative of the user” means:

A. If the user is a corporation:

1. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person, persons or board of directors who performs similar policy or decision making functions for the corporation.

B. If the user is a partnership, a limited liability company or a sole proprietorship: a general partner, manager or proprietor, respectively.

C. 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/her authorized designee.

D. The individuals described in subsections A through C of this definition may, if so authorized by the entity’s governing documents, designate another authorized representative if the designation is in writing. The designation must specify 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 company. The written designation must be submitted to the City.

“Average daily flow” means the arithmetical average of the total process wastewater flow over a one (1) year period. This average shall be calculated based on days when flow occurs.

“Best management practices (BMPs)” means a schedule of activities, prohibition of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 403.5(a)(1) and (b) of the Act.

“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter amenable to measurement by the methods described in Standard Methods for the Examination of Water and Wastewater, current approved edition; under standard laboratory procedures for five (5) days at twenty (20) degrees centigrade, usually expressed as a concentration of milligrams per liter (mg/L).

“Categorical Pretreatment Standard” or “Categorical Standard” means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.

“Categorical user” means a user covered by one (1) of EPA’s Categorical Pretreatment Standards.

“City” means City of Snohomish, Washington.

“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.

“Cooling water/noncontact cooling water” means water used for cooling that does not come into direct contact with any material, raw sewage, 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.

“Dangerous waste” means any solid, liquid, or mixed waste defined according to WAC 173-303-080 through 173-303-110.

“Department of Ecology (DOE)” means the Washington State Department of Ecology or authorized representatives thereof.

“Discharge” or “indirect discharge” means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), (d) of the Act. 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.

“Domestic sewage” means the liquid and waterborne wastes derived from ordinary living processes, free from industrial wastes, and of such character to permit satisfactory disposal, without special treatment, into the POTW.

“Domestic user” or “residential user” means any person who contributes, causes, or allows the contribution of wastewater into the City’s POTW that is of a similar volume and/or chemical make-up as that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to one hundred (100) gallons per capita per day at two hundred fifty (250) mg/L of BOD and TSS.

“Environmental Protection Agency (EPA)” means the United States Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

“Existing source” means any categorical user that discharges wastewater to the POTW, which discharge commenced prior to the publication of proposed Categorical Pretreatment Standards that will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

“Existing user” means any noncategorical user that is discharging wastewater prior to the effective date of this ordinance.

“Fats, oils and grease (FOG)” means those components of wastewater amenable to measurement by the methods described in Standard Methods for the Examination of Water and Wastewater. The term “fats, oils and grease” shall include polar and nonpolar fats, oils and grease and other components extracted from wastewater by these methods.

“Grab sample” means a sample that is taken at a specific spot at a site over a short period of time; a sample that represents a “snapshot” in both space and time of a sampling area.

“Grease trap” means a device designed to retain grease from one (1) to a maximum of four (4) fixtures, with a maximum capacity of fifty (50) gpm/one hundred (100) lbs. and a minimum of twenty (20) gpm/forty (40) lbs.

“High strength waste” means any water or wastewater having a concentration of BOD or TSS in excess of three hundred (300) mg/L, or having a concentration of fats, oils and grease in excess of two hundred (200) mg/L.

“Industrial user” means any and all liquid or waterborne wastes from industrial or commercial processes, except domestic sewage.

“Inflow and infiltration” means a combination of water entering the sanitary sewer system through inappropriate connections (inflow) and ground water entering sanitary sewers through defective pipe joints and broken pipes (infiltration), causing dilution of sewage and decrease in efficient treatment.

“Interceptor” means a device designed and installed so as to separate and retain deleterious or undesirable matter from normal wastes and to permit normal liquid wastes to discharge by gravity.

“Interference” means a discharge that alone, or in conjunction with a discharge or discharges from other sources, either: (A) inhibits or disrupts the POTW, its treatment processes or operations; (B) inhibits or disrupts its biosolids (sludge) processes, use or disposal; (C) is a cause of a violation of any permit or that prevents the use or disposal of sewage sludge in compliance with any statutory/regulatory provisions or permits issued under the Clean Water Act, the Solid Waste Disposal Act, any State regulations contained in any State sludge management plan, the Clean Air Act, the Toxic Substances Control Act, and/or the Marine Protection, Research and Sanctuaries Act.

“Local limits” means the maximum allowed levels to be discharged by industrial or commercial facilities as determined by the publicly owned treatment works’ NPDES permit.

“Maximum allowable discharge limit” means the maximum concentration (or loading) of a pollutant allowed to be discharged at any time.

“Medical wastes” means 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.

“Minor user” means a user of the POTW identified by the City as having the potential to discharge a waste stream into the POTW, either singly or in combination with other users, that may have an undesirable impact on the POTW, but less impact than a significant user.

“New source” means 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 that will be applicable to such source; provided, that:

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

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

C. The production or wastewater generating processes of the building, structure, facility, or installation is substantially independent of an existing source at the same site. In determining whether these are substantially independent factors, 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.

Construction on a site at which an existing source is located is not a “new source” if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection B or C of this definition, regardless of whether such construction otherwise alters, replaces or adds to existing process or production equipment.

Construction of a new source has commenced if the owner or operator has:

A. Begun or caused to begin as part of a continuous on-site construction program:

1. Any placement, assembly, or installation of facilities or equipment;

2. Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities, that is necessary for the placement, assembly or installation of new source facilities or equipment.

B. Entered into a binding contractual obligation for the purchase of facilities or equipment that is intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, or design studies do not constitute a contractual obligation under this subsection.

“New user” means any noncategorical user that plans to discharge a new source of wastewater to the collection system after the effective date of this ordinance. This discharge may be from either a new or existing facility. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an existing user if no significant changes are made in the operation.

“Noncategorical user” means any user other than a categorical user as defined in 40 CFR Chapter 1, Subpart N.

“North American Industry Classification System” or “NAICS” means a classification pursuant to the North American Industry Classification Manual issued by the United States Office of Management and Budget.

Notice. Whenever the word “notice” is used in this ordinance the term shall mean written notice whether the word “written” precedes the word “notice” or not. Use of the words “verbal or oral notice” shall not mean written notice.

“Oil/water separator” means a device that allows oils mixed with water to become trapped in a holding section for removal, while the water is allowed to pass through for disposal.

“Pass through” means a condition occurring when discharges from users (singly or in combination) exit the POTW in quantities or concentrations that either: (A) cause a violation of any requirement of a City, NPDES, or State Waste Discharge Permit; (B) cause an increase in the magnitude or duration of a violation; or (C) cause a violation of any water quality standard for waters of the State.

“Person” means any individual, partnership, limited liability company, corporation, association, joint stock company, trust, estate, any Federal, State or local governmental agency or entity, or any other entity whatsoever or their legal representative, agents, or assigns.

“pH” means a measure of the acidity or alkalinity of a substance, expressed in standard units.

“Pollutant” means any substance discharged into the POTW or its collection system that if discharged directly would alter the chemical, biological, physical, or radiological integrity of the waters of the State as defined in RCW 90.48.020.

“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) 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 diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard).

“Pretreatment requirements” means substantive or procedural requirements related to pretreatment imposed on a user, other than a pretreatment standard.

“Pretreatment standards (standards)” means prohibited discharge standards, Categorical Pretreatment Standards, and local limits established by the POTW.

“Process water” means wastewater that is neither sanitary, noncontact cooling water nor boiler blow down wastewater.

“Prohibited discharge standard (prohibited discharge)” means the absolute prohibition against the discharge of certain substances listed in SMC 15.08.050.

“Publicly owned treatment works (POTW)” means a “treatment works” as defined by Section 212 of the Act that is owned by the State or a municipality. This definition includes all devices, facilities, or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances that convey wastewater to a treatment plant. The term also includes the City of Snohomish Wastewater Treatment Plant.

“Septage” means the liquid and solid material pumped from a septic tank, cesspool, or similar domestic sewage treatment system. This includes liquids and solids from domestic holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

“Settling tank” allows suspended particles to settle out of water or wastewater as it flows slowly through the tank.

“Sewage” means human excrement and gray water (household showers, household dishwashing/laundry operations, etc.).

“Sewer” means any pipe, conduit, ditch, or other device used to collect and transport sewage from the generating source.

“Significant industrial user (SIU)” or “significant user” means:

A. A user subject to Categorical Pretreatment Standards.

B. A user that:

1. Discharges an average of twenty-five thousand (25,000) GPD or more of process wastewater to the POTW;

2. Contributes a process waste stream that makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW;

3. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

C. Upon finding that a user meets the criteria in subsection B of this definition and has no reasonable potential for adversely affecting the POTW’s operation or for violating any applicable requirement, the City may, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that said user should not be considered a significant industrial user.

“Significant noncompliance” means a violation or pattern of violation of applicable pretreatment standards by a user.

“Slug load” means any discharge at a rate of flow or concentration that could cause a violation of this ordinance, or any discharge of a nonroutine episodic nature including an accidental spill or a noncustomary batch discharge.

“Snohomish County Health Department (Health Department)” means the Snohomish County Health Department or authorized representative thereof.

“Special agreement” means a document authorizing a user to discharge wastewater to the City’s POTW.

“State” means the State of Washington.

“State standards” means the Washington pretreatment standards contained in Chapter 90.48 RCW and Chapter 173-208 WAC.

“Stormwater” means any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including but not limited to snowmelt.

“Total suspended solids (TSS)” means the total suspended matter that floats on the surface of, or is suspended in, wastewater or other liquid.

“Toxic pollutant” means one (1) or a combination of the pollutants listed as toxic in regulations promulgated by EPA under Section 307 of the Act, or other pollutants as may be promulgated by EPA.

“Treatment plant effluent” means the discharge from the POTW into waters of the State.

“User” means any person that utilizes any part of the POTW.

“Wastewater” means liquid and waterborne industrial wastes or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, that are contributed to the POTW.

“Wastewater treatment plant” or “treatment plant” means that portion of the POTW that is designed to provide treatment of municipal sewage and industrial waste.

“Waters of the State” means rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the State of Washington.

“Waters of the United States” means:

A. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;

B. All interstate waters, including interstate wetlands;

C. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce, including any such waters:

1. Which are or could be used by interstate or foreign travelers for recreational or other purposes;

2. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce;

3. Which are used or could be used for industrial purposes by industries in interstate commerce;

D. All impoundments of waters otherwise defined as waters of the United States under this definition;

E. Tributaries of waters identified in subsections A through D of this definition;

F. The territorial sea;

G. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subsections A through F of this definition.

Waste treatment systems, including treatment ponds, or lagoons designed to meet the requirement of the Clean Water Act (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the United States (such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other Federal agency, for the purposes of this definition, the final authority regarding Clean Water Act jurisdiction remains with EPA.

“Zero discharge permit” means a permit for a categorical user that operates its processes so that no industrial waste is discharged to the POTW. (Ord. 2351, 2018)