2642ORDINANCE NO.2642
^J AN ORDINANCE CREATING CHAPTER 13.05 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "WASTEWATER REGULATIONS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 13.04 of the Moses Lake Municipal Code entitled"Sewer Regulations"is deleted inits
entirety.
Section 2.Chapter 13.05 of the Moses Lake Municipal Code entitled"Wastewater Regulations"is created
as follows:
13.05.010 Purpose: The purpose of this chapter isto set forth uniformrequirements fordischarges intothe
Cityof Moses Lake's POTW and to enable the Cityto protect public health inconformitywithall
applicable local,state and federal laws.
13.05.020 Abbreviations: The following abbreviations,when used inthisChapter, shallhave the designated
meaning:
Biochemical Oxygen Demand.
Fats,Oil,and Grease.
Milligrams per liter,generally interchangeable with parts per million in water
treatment calculations.
Publicly Owned Treatment Works.
\_J E.TDS Total Dissolved Solids.
Total Suspended Solids.
13.05.030 Definitions:Unless the context specifically indicates otherwise, the meaning of terms used in
the chapter shall be as provided in this section:
A. "BOD"means the quantity of oxygen utilized in the biochemical oxidation of organic matter
under standard laboratory procedures during five (5)days at 20°Celsius,usually expressed
as a concentration of mg/L.
B."Building Sewer"meansthe sewerservice linebeginning two feet fromthe edgeofthe building
and ending at the POTW's sewer main.
C."Dangerous Waste"is defined inWAC 173-303-040.
D. "Domestic Wastewater"meanswaterthatcarrieshuman wastes,includingtoilet,kitchen, bath,
and laundry wastes.
E."FOG"means polarand non-polarfats,oil,and grease thatoriginatefromanimals,vegetables,
petroleum,nonbiodegradable cutting oil,and mineral oil.
F."Forcemain"means a sanitary sewer main that is pressurized by a POTW lift station, or a
sanitary sewer main that is pressurized by commercial or industrial users.
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A.BOD
B.FOG
C.mg/L
D.POTW
E.TDS
F.TSS
G. "Garbage"means solid wastes from the preparation, cooking, and dispensing of food, and
from the handling,storage,and sale of produce.
ORDINANCE NO.2642
Page 2 February 14,2012
H. "Industrial User"means a person that discharges industrial wastewater to the POTW.
I."Industrial Wastewater"meanswater or liquid that carrieswaste from industrial or commercial
businesses.Apartment buildings containing three or more dwellings are considered a
commercial business.
J."Interference"meansa dischargealoneorinconjunctionwith discharges by othersourcesthat
inhibits or disrupts the POTW,or the POTW's treatment operation,or biosolids processes,
or that causes a violation of any requirement of the City's state waste discharge permit.
K. "May"means permissive as allowed by the City Manager,City Council, Municipal Services
Director, or the Department of Ecology.
L. "Medical Waste"meansisolation wastes,infectiousagents,blood, blood products,pathological
wastes,sharps,body parts,contaminated bedding,surgical wastes,potentially contaminated
laboratory wastes,and dialysis wastes.
M. "Municipal Services Director"is the director who is responsible to the City Manager for
managementofthe Public Works and Engineering Divisions,the supervision ofdepartmental
employees,and for the effective administration,construction,and development of public
works,engineering,and related public facilities.The Municipal Services Director may
designate representatives to assist in the performance ofthese duties.
N. "Natural Outlet"means any outlet into a watercourse,pond,ditch, lake, or other body of
surface water or groundwater.
O."Owner"means any part owner, joint owner,tenant in common,joint tenant,tenant by the
entirety, of the whole, or a part of such building or land.
P."Pass Through"means a discharge that exits the POTW into waters of the United States in
quantities or concentrations,alone or in conjunction with a discharge or discharges from other
sources that creates a violation of any requirement of the City's state wastedischarge permit.
Q."Person"means any individual, firm,company,association,society,corporation, or group.
R. "pH"means a measurement of the acidity or alkalinity of a solution,expressed in standard
units.
S."POTW"means the city owned system of gravity mains,force mains,pump stations,and
wastewater treatment plants that convey and treat wastewater.
T."Pretreatment Standards"means general discharge prohibitions,City's specific limitations on
discharge,State standards,or the National Categorical Pretreatment Standards for any
specific pollutant,whichever standard is most stringent.
U."Pretreatment"means the reduction of the amount of pollutants,the elimination of pollutants,
or the alteration of the nature of pollutant properties in industrial wastewater priorto or in lieu
of introducing such pollutants into the POTW.This reduction,elimination, or alteration can be
obtained by physical,chemical,or biological processes;by process changes;or by other
means.Diluting the concentration of the pollutants is only allowed by an applicable
pretreatment standard.
V."Stormwater"means precipitation,groundwater,surface water,roof runoff, or subsurface
drainage.
W."Shall"means a mandatory requirement.
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Page 3 February 14,2012
X."Significant Industrial User"means an industrial or commercial user that meets one or more
of the following criteria:
1.Subject to Categorical Pretreatment Standards under40 CFR 403.6 and 40 CFRchapter
I,subchapter N.
2.Discharges an average of 25,000 gallons per day or more of industrial wastewaterto
the POTW.
3.Discharges industrial wastewater that exceeds 5 percent of the average dry weather
hydraulic or organic capacity of the POTW treatment plant.
4.The Department of Ecology determinesthatthe industrial userhasa reasonable potential
for adversely affecting the POTW's operation or for violating pretreatment standards or
requirements in accordance with 40 CFR.8(f)(6).
Y. "Slug Discharge"means any discharge at a flow rate or concentration that could cause a
violation of this chapter,and any discharge not ofa routine, regular, or episodic nature.
Z. "Total Dissolved Solids"means the portion oftotal solids in water or wastewater that passes
through a specific filter.
AA. "Total Suspended Solids"means the portion of total solids that are floating or suspended in
water, or wastewater;and that are removable by laboratory filtering.
BB. "User"means a person that is responsible for discharging wastewaterto the POTW.
CC."Wastewater"means domestic wastewater or industrial wastewater.
DD."Waste Discharge Permit"means a permit required forevery significant industrialusergranting
the privilege ofdischarging their industrial wastewater into the POTW.
13.05.040 Discharge ofWastewater into Natural Outlets:Itis unlawful to dischargewastewaterinto any natural
outlet.
13.05.050 Use of Privies and Septic Tanks:Except as permitted by the Grant County Health District,it is
unlawfulto constructany privy,privyvault,septictank,cesspool,or other facility intended to be used
for the disposal of wastewater.
13.05.060 Private Wastewater Systems:
A.Septictanksand alternative onsite disposal systems are prohibited for newsubdivisions,except
in heavy industrial zones where sewertreatment systems and onsite disposal systems may be
allowed by City Council.
B.Wastewater systems including mains,manholes,liftstations and their appurtenances located
in private streets,binding site plans and on private property shall be privately owned.
C.The construction plans forthe installationof privatelyowned wastewater systems that discharge
to the POTW shall be in compliance with the requirements of the Street and Utility Construction
Standards,and shall be approved by the Municipal Services Director prior to construction.
Furthermore,the Municipal Services Director will observe the installation of the wastewater
system.The engineer of record shall inspect and direct the contractor to assure that the
installation complies with the approved plans and specifications.
ORDINANCE NO.2642
Page4 February 14,2012
13.05.070 ProhibitedWastes:Except as provided inthis chapter,no person shall discharge wastewaterto the
POTW that contains the following characteristics:
A. A Temperature greater than 104°F.
B. A FOG concentration greater than 100 mg/L.
C Substances thatcan solidifyor become discerniblyviscous at temperatures greaterthan 32°F.
D.Pollutants that could create a fire or explosive hazard inthe POTW, alone or by interaction,
including waste streams witha closed-cup flashpoint of less than 140°Fusingthe test methods
specified in40 CFR 261.21, 40 CFR 403.5(b)(1), or are capable of creating a public nuisance
per WAC 173-216-060(2)(b)(ii).
E. Solids or viscous substances that could cause an obstruction,pass through, or any other
interference with the operation of the POTW.
F. A pH less than 6.0 or greater than 11.0.
G. Corrosive properties capable of causing damage or that are hazardous to POTW structures,
equipment,or maintenance personnel.
H.Dangerous wastes.
I.Toxic or poisonous substances insufficient quantityto interfere withany POTW processes,or
constitute a hazard to humans,animals or the receiving waters of the POTW.
J. Noxious or malodorous gases or substances capable of creating a public nuisance.
K.A five (5) day BODconcentration greater than three hundred (300) mg/L.
L. A TSS concentration greater than three hundred and fifty (350) mg/L.
M.Unacceptable amountsofTDS that could causean interferencewiththe normaloperationofthe
POTW. LimitationsforTDS will be setafter the Department of Ecology and the Cityreview the
engineering reports from the prospective discharger,and investigate alternatives to reduceTDS
in the wastewater.
N. A greater color than 15 color units.
O.Stormwater.
P.High volumes of wastewater with a low BOD per volume ratio that could adversely affect the
treatment plants'process capabilities.
Q.Swimming pool water.
13.05.080 Dangerous Wastes:The owner shallnotifythe Municipal Services Director,and the Department of
Ecology,Eastern Region Dangerous Waste Unit,upon discovery ofa discharge ofdangerous waste
to the POTW.The notification shall include the following:
A.The contact person with phone number.
B.The location and time.
C.The name of the dangerous waste as set forth in Chapter 173-303 WAC.
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ORDINANCE NO.2642
Page 5 February 14,2012
D.The dangerous waste number.
E. The type of discharge (continuous, batch, or other).
13.05.090 Significant Industrial Users: Allsignificant industrial users shall obtain a waste discharge permit
fromthe Department of Ecologyand fromthe City prior to discharging industrial wastewater to the
POTW.
13.05.100 Control Manholes:The Municipal Services Director may require an industrial user to install a
suitable controlmanhole on the building sewerto facilitate observation, sampling, and measurement
ofthe wastewater.Such manhole shallbe accessible,safely located, and constructed inaccordance
with plans approved by the Municipal Services Director.The manhole shall be installed by the
industrial user atthe industrial user's expense,shallbe maintainedbythe industrial user, and shall
be safe and accessible at all times.
13.05.110 Tests and Analyses:Allmeasurements,tests,and analyses ofthe characteristics of wastewater shall
be performed in accordance with the Standard Methods for the Examination of Water and
Wastewater bv a Department of Ecology accredited laboratory.The samples shall be taken at the
control manhole,when installed.When a specific control manhole isnot required,the sample location
shall be taken at the nearest downstream manhole inthe POTW.When requested by the Municipal
Services Director,a user shall submit information on the nature and characteristic ofits wastewater
to assure full compliance withthis chapter.Samples taken to meet the requirements of this chapter
shall be representative of the volume and nature of the test parameters,including representative
sampling of any unusual discharge or discharge condition. All costs associated with testing and
analyses shall be borne by the user.
13.05.120 Waste Discharge Permit:Statements contained inthis chapter shall not be construed as preventing
any waste discharge permit between the CityCouncil,Department of Ecology,and an industrial user,
whereby the wastewater of unusual strength or character may be approved by the CityCounciland
the Department of Ecology fortreatment, which may be subject to conditions.
13.05.130 Discharge to the POTW Without Physical Connection:Approval to discharge wastewater to the
POTW without a physicalconnection to the POTW may be granted by the CityCouncil providedthe
discharge shall not have any deleterious or damaging effects on the health and welfare of the City's
residents,and that the discharge will be in the City's best interests.No wastewater shall be
discharged insuch a manner until the user receives a letterfromthe Citystatingthat the CityCouncil
approved the request.Approval letters should include the following information:
A.The payment rate.
B.The limitations on the quantity and quality of the wastewater.
C. A statement that"the approvalis terminable by the CityCouncilwithinthirty (30) days of written
notice by the City to the user."
D.The location and method that the wastewater is allowed to be discharged to the POTW.
E.The periodic testing requirements ofthe wastewater.
13.05.140 Connection to the POTW Outside of the Corporate Limits:No connection shall be allowed unless
authorized bythe CityCouncil.The authorizationto discharge wastewatertothe POTWshallinclude
the requirement of the property ownerto execute an extraterritorial utility extension agreement upon
forms prepared by the City,unless the CityCouncil enters intothe record a finding that the property
owner is incapable of executing such an agreement,as distinguished from the property owner's
reluctance to execute the agreement.As a condition of approval, allbuilding sewers and mains are
subject to review and approval by the Municipal Services Director.
ORDINANCE NO.2642
Page6 February 14,2012
13.05.150 Reguirement to Connect to the POTW:The owner of all houses,buildings, or properties used for
human occupancy,employment,recreation,orother purpose, situated withintwo hundred feet (200")
ofthe POTW, is required atthe owner'sexpenseto connectsuch facilities directlytothe POTW within
six (6)months after the date of official notice to do so.Provided that,the connection shall not be
required ifthe cost of making the connection,including system development charges,exceeds ten
thousand dollars ($10,000).The owner shall submit a detailed cost estimate to the Municipal
Services Directorforreview.The determination of the cost of making the connection shall be made
bythe Municipal Services Director.The owner can appeal the decision to the CityCouncilwithinten
(10)days of the decision of the Municipal Services Director.The decision of the CityCouncilshall
be final.Furthermore,ifthe owner is not required to make a connection because of cost,at suchtime
as the septic system fails,eitherthe tank orthe drainfield,the connection to the City's sewer system
shall be required and made.
13.05.160 Wastewater Industrial User Survey:When requested by the City,owners of all commercial and
industrial facilities that discharge or plan to discharge wastewater to the POTW shall complete a
Wastewater Industrial User Survey on forms supplied bythe City.The Wastewater Supervisor shall
determine ifthe Industrial User Survey form is complete.
13.05.170 Permit Reguirements:
A. A Street and Utility Construction Permit is required and shall be obtained before uncovering,
connecting to,opening into, altering, or disturbing any municipal improvement.
B. A waste discharge permitis requiredand shall be obtained fromthe Cityand the Department of
Ecology before a significant industrial user discharges wastewater into the POTW.
C. A plumbing permitis requiredand shallbe obtained before a building sewer is installed,except
for building sewers that are installed outside of the City's corporate limits.
13.05.180 Discharge to the POTW:The following items are required to be completed,when applicable,prior '»
to discharging to the POTW:
A.Application forms:
1.Utility Service Request-Engineering Division.
2.Request for UtilityService -Finance Department.
B.Fees are paid:
1.Utilityservice charge -Finance Department.
2.System development charges listed in MLMC 3.62 -Engineering Division.
3. Private reimbursement fees -Engineering Division.
4.Reimbursement fees listed in MLMC 13.08 - Engineering Division.
5.Waste Discharge Permit fees listed in MLMC3.54 -Operations Division.
C. The wastewater improvements that are being dedicated to the City have been completed and
accepted by the City.
D. An extraterritorial agreement is recorded at the Grant County Auditor's Office.
E. The waste discharge permits are approved by the Cityand the Department of Ecology.>*—v
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Page7 February 14,2012
F. A Wastewater IndustrialUser Survey hasbeen submitted to the Wastewater DivisionSupervisor
that is deemed to be complete.
13.05.190 Building Sewers:Allcosts and expenses incident to the installation and connection to the POTW
shall be borne by the owner.The property owner shall indemnify the City from loss or damage that
is directlyor indirectly occasioned by the connection of the building sewer to the POTW.
New buildings may only connect to existing building sewers when the building sewer meets all
requirements of this chapter and the Washington State adopted International Building Code.
13.05.200 Separate Building Sewers:A separate and independent building sewer shall be provided forevery
building and subdivided lot,each with separate connection to the POTW,with the following
exceptions:
A.When separate buildings are an integral part of a single business or industry and are located on
the same lot.
B.When separate buildings are under the same ownership and located on the same lot.
C.When buildings are located withina bindingsite planand the buildingsare connected to a private
sewer main.
D.When buildings are located within a planned development district zone and the buildings are
connected to a private sewer main.
13.05.210 Connection to Force Mains:The Municipal Service Directormay allowpropertyowners to connectto
a POTW force main. A valve shall be installed on the property owner's service lineat the tee on the
city-owned main. Furthermore, allwastewater that contains solids must pass though a septic tank
priorto being pumped into the POTW's force main.
13.05.220 Sewer MainGrades: All new sewer mains shall be installed at the minimum grade per the current
edition of the Department of Ecology's publication Criteria for Sewage Design (Orange Book).The
Municipal Services Director may approve a steeper grade if the gravity sewer service to future
developments willnot be impacted.
13.05.230 Community Street and Utility Standards:Construction for the installation and repairs of municipal
and privately owned wastewater systems that discharge to the POTW shall meet the requirements
of the Community Street and Utility Standards.
13.05.240 Ownership:The limitsof ownership for mains and building sewersthat are located withinthe City's
right-of-way and municipal easements are defined below.
A. City-Owned Mains:The City shall have ownership of the sewer mains and appurtenances,
provided that they have been accepted by the CityCouncil.
B. Privately Owned Mains:Property owners shall retain ownership for sewer mains and
appurtenances that only serve their property.The property owner's sewer main shall include all
its pipe and appurtenances up to the pointof connection to a city-owned sewer main, including
the wye,tee,or other connecting device to a city-owned sewer main, but does not include the
manhole that is installed on a city-owned sewer main;and where a valve is installed to a tee on
a city-owned pressure sewermain, the Cityshallown the tee and valve, and the ownershallretain
ownership of allpipe and appurtenances upstream of the city-owned valve.
C. Gravity Building Sewers: Property owners shall retainownership forgravity building sewers,up
to and includingthe wye, tee, or other connecting appurtenance on a city-owned sewer main.
ORDINANCE NO.2642
Page 8 February 14,2012
D.Pressurized Building Sewers: Property owners shall retain ownership for pressurized building
sewers up to and including the wye, tee, or other connecting device to a city-owned sewer main;•-—"^
except that, ifa valve is installed to a tee on a city-owned sewer main, the City shall own the tee
and valveand the ownershall retainownership of all pipeand appurtenances upstream ofthe city-
owned valve.
13.05.250 Notice to Cease Violation:Any person found to be violating any provision of this chapter shall be
served by the Citywith a Notice of Violation and Order to Correct or Cease Activity as provided in
Chapter 1.20 issued by the Municipal Services Director.The offender shall permanently cease all
violations within the period of time stated in such notice.
13.05.260 Penalties for Continued Violation:Failure or refusal to comply withthe Notice and Order provided in
this chapter shall constitute grounds for discontinuing water and sewer service to the premises until
the Municipal Services Directordetermines that such requirements have been satisfactorilymet.
13.05.270 Liability for Expense or Damage:
A.Damage resulting from an accident or from unauthorized or improper use of the POTW shall
become an obligation against the person causing such damage.
B. Additionally, any person violating any of the provisions of this chapter shall become liable to the
Cityforany expense,loss, or damage occasioned tothe Cityby reason of such violation. The City
shall be compensated for such loss within thirty (30)days of notification to the violator of the costs.
Ifnot satisfied by that time, the costs shall be filed as a lien against the property.
Section 3. This ordinance shall take effect and be in force five (5)days after its passage and publication of its
summary as provided by law.
Adopted by the City Council and signed by its Mayor on February 14,2012.sf f~^
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Ronald R.Cone,Finance Director
APPROVED AS TO FORM:
(I /it'^UAjiLl
i/fe"L.Kenison,City Attorney
t,Mayor
ATTEST: