2810ORDINANCE NO.2810
^AN ORDINANCE AMENDING CHAPTER 13.05 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "WASTEWATER REGULATIONS"
THECITYCOUNCIL OFTHE CITYOFMOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 13.05 ofthe Moses Lake Municipal Code entitled "Wastewater Regulations"is amended
as follows:
13.05.030 Definitions:Unless the context specifically indicates otherwise,the meaning of terms usedin the
chaptershallbe as provided inthis section:
A."BOD"means the quantity ofoxygen utilized in the biochemical oxidation oforganic matter
under standard laboratory procedures during five (5)days at20°Celsius,usually expressed
as a concentration of mg/L.
B."Building Sewer"means the sewer service line beginning two feet from the edge ofthe building
and ending at the POTW's sewer main.
C. "DangerousWaste" is defined inWAC 173-303-040.
D."DomesticWastewater"meanswaterthatcarrieshumanwastes,including toilet,kitchen,bath,
and laundry wastes.
E."FOG"meanspolarand non-polar fats,oil,and grease that originate from animals,vegetables,
petroleum,nonbiodegradable cutting oil,and mineral oil.
i J F."Force main"means a sanitary sewer main thatis pressurized bya POTW lift station,ora
^""^sanitary sewer main that is pressurized by commercial or industrial users.
G."Garbage"means solid wastes from the preparation,cooking,and dispensing of food,and
from the handling, storage, and sale of produce.
H."Industrial User"means a personthat discharges industrial wastewater to the POTW.
I."Industrial Wastewater"means waterorliquid thatcarrieswaste from industrial orcommercial
businesses.Apartment buildings containing three or more dwellings are considered a
commercial business.
J."Interference"means adischargealoneorinconjunction withdischarges byothersources that
inhibits ordisruptsthe POTW, orthe POTW's treatment operation,or biosolids processes,
orthatcauses a violation of any requirement of the City's statewaste discharge permit.
K."Low Pressure Main"means a sanitary sewer main that is not pressurized by a POTW lift
station, and receives wastewater from low volume pumping systems.
L."May"means permissive as allowed bythe City Manager,City Council,Municipal Services
Director, or the Department of Ecology.
M."Medical Waste"means isolation wastes, infectiousagents,blood,bloodproducts,pathological
wastes,sharps,body parts,contaminated bedding,surgical wastes,potentially contaminated
laboratory wastes,and dialysis wastes.
N."Municipal Services Director"is the director who is responsible to the City Manager for{^)management of the Public Works and Engineering Divisions,the supervision of departmental
employees, and for the effective administration,construction,and development of public
ORDINANCE NO.2810
PAGE 2 May 10,2016
works,engineering,and related public facilities.The Municipal Services Director maydesignaterepresentativestoassistintheperformanceoftheseduties./^
O."Natural Outlet"means any outlet into a watercourse,pond, ditch, lake, or other body of
surface water or groundwater.
P."Owner"means propertyowner, partowner, jointowner,tenant incommon,jointtenant,tenant
by the entirety,of the whole,or a part of such building or land.
Q."Pass Through"means a discharge that exits the POTW into waters of the United States in
quantities orconcentrations,alone orinconjunction witha discharge or discharges from other
sources that create a violation of any requirement of the City's state waste discharge permit.
R. "Person"means any individual,firm,company, association, society,corporation,or group.
S. "pH"means a measurement of the acidity or alkalinityof a solution,expressed in standard
units.
T. "POTW"means the City owned system of gravity mains,force mains, pump stations, and
wastewater treatment plants that convey and treat wastewater.
U."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.
V."Pretreatment"means the reduction of the amount of pollutants,the elimination of pollutants,
or the alteration ofthe nature of pollutant properties in industrial wastewater priorto or in lieu
ofintroducing 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.
W."Stormwater"means precipitation,groundwater,surface water, roof runoff, or subsurface
drainage.
X. "Shall"means a mandatory requirement.
Y. "Significant Industrial User"means an industrial orcommercial user that meets one or more
of the following criteria:
1.Subject to Categorical PretreatmentStandards under40 CFR403.6 and40 CFRchapter
I,subchapter N.
2.Discharges an average of 25,000 gallons per day or more of industrialwastewater to the
POTW.
3.Discharges industrial wastewater that exceeds 5 percent of the average dry weather
hydraulicor organic capacity of the POTW treatment plant.
4.The Department of Ecology determines that the industrial user has a reasonable potential
for adversely affecting the POTW's operation or for violating pretreatment standards or
requirements in accordance with 40 CFR.8(f)(6).
Z. "Slug Discharge"means any discharge at a flow rate or concentration that could cause a
violation of this chapter,and any discharge not of a routine, regular, or episodic nature.
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ORDINANCE NO.2810
PAGE 3 _May 10,2016
AA. "Total Dissolved Solids"means the portion of totalsolid inwater orwastewater that passes
(^j through aspecific filter.
BB."Total Suspended Solids"means the portion of total solids thatare floating orsuspended in
water, or wastewater;and that are removable by laboratory filtering.
CC."User"means a personthatis responsible for discharging wastewaterto the POTW.
DD."Wastewater"means domestic wastewater or industrial wastewater.
EE."Waste Discharge Permit"meansa permit required for everysignificant industrial usergranting
the privilege of discharging their industrial wastewater into the POTW.
13.05.060 Private Wastewater Systems:
A.Septic tanks and alternative onsite disposal systemsare prohibited for new subdivisions,except
in heavy industrial zones where sewertreatment systems and onsite disposal systemsmay be
allowed by City Council.
B.Wastewater systems including mains,manholes,lift stations and their appurtenances located
in private streets,binding site plans and on private property shall be privately owned.
C. The construction plans for theinstallation of privately ownedwastewater systems thatdischarge
tothe POTW shall be in compliance with the requirements ofthe Community Streetand Utility
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 withthe approved plansand specifications.
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D.Before privately owned metered sewer mains and service lines connect to the POTW,a
perpetual access easement,access easement dedication on a plat,or other legal device
approved by the City Attorney is required to be accepted by the City Council to allow City staff
to access the meters and electronic reading devices.
13.05.070 Prohibited Wastes:Except as provided in this chapter,noperson shall discharge wastewater tothe
POTW that contains the following characteristics:
A. A Temperature greater than 104°F.
B. A FOG concentration greater than 100 mg/L.
C.Substances that can solidify orbecome discernibly viscous attemperatures greater than 32°F.
D.Pollutants that could createa fire or explosive hazard in the POTW,alone orby interaction,
including waste streams with a closed-cup flashpoint ofless than 140°F using the test methods
specified in 40 CFR 261.21,40 CFR 403.5(b)(1),or are capable of creating a public nuisance
perWAC 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 orgreaterthan 11.0.
G.Corrosive properties capable of causing damage or that are hazardous to POTW structures,
equipment,or maintenance personnel.
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PAGE 4 May 10,2016
H.Dangerous wastes.
I.Toxic or poisonous substances in sufficient quantity to interfere with any 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 BOD concentration 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 cause an interference withthenormal operation ofthe
POTW.Limitations for TDS will be set after the Department of Ecology and the City review the
engineering reports fromthe prospective discharger, and investigate alternatives to reduce TDS
in the wastewater.
N. Industrial process water with a color greater than 100 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.
13.05.150 Requirement to Connect to the POTW:
A. New Buildings: Newly constructed buildings having human occupancy,as defined in the
International Building Code,shall be connected to the POTW.f**)
B. Existing Buildings:The owner of an existing buildinghaving human occupancy,as defined the
International Building Code,that is situated within two hundred feet (200')of the POTW,is
required at the owner's expense to connect such building directly to the POTW within six (6)
months after the date of official notice to do so.Provided that,the connection shall not be
required ifthe costof making the connection,including system development charges,exceeds
ten thousand dollars ($10,000).Theownershall submita detailed costestimateto the Municipal
Services Director for review.The determination of the cost of making the connection shall be
made by the Municipal Services Director.Furthermore,if the owner is not required to make a
connection because of cost,at such time as the septic system fails,either the tank or the drain
field,the connection to the City's sewer system shall be required and made.
1.In accordancewith RCW35A.21.390,the ownerof a single-family residence can appealthe
requirement to connectto the POTW to the City Council within ten (10)days after notice of
the Municipal Services Director's decision is mailed via certified mail to the owner.The
appeal shall be in writing and shall be signed by the owner by declaration under penalty of
perjury as to the truth of the matters stated inthe appeal,pursuant to RCW 9A.72.085.The
written appeal notice shall contain or be accompanied by the following information:
a.Specific basis on which the owner contests the Municipal Services Director's decision.
b. Alldocumentation or other evidence supporting the owner's appeal,including any expert
testimony.
c.The current address ofthe owner.
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ORDINANCE NO.2810PAGE5 May 10,2016
d. A brief statement of the relief sought and the reasons why the Municipal ServicesCJDirector's decision should be reversed,modified or otherwise set aside.
2. The appeal hearing before the City Council shall be scheduled for the next available City
Council meeting,and notice ofthe appeal hearing date shall be mailed via certified mail to
the owner atthe address listedinthe notice of appeal.Failure of the ownerto appear and
prosecute the appeal shall constitute a waiver of the right to appeal granted under this
section.The decision of the City Council shall be final.
13.05.180 Discharge tothe POTW:The following itemsare required to be completed,when applicable,prior
to discharging to the POTW:
A. Application forms are submitted as follows:
1.Utility Service Request to Engineering Division.
2.Request for Utility Service to Finance Department.
B.Fees are paid as follows:
1.Utility service fee to Finance Department.
2. System development charges listed in MLMC 3.62to Engineering Division.
3. Private reimbursement fees to Engineering Division.
4.Reimbursement fees listed in MLMC 13.08 to Engineering Division.
[^J 5.Waste discharge permit fees listed in MLMC 3.54 to Operations Division.
C. The wastewater improvements that are being dedicated to the Cityhave been completed and
accepted bythe City.The privatewastewater improvements thatare not being dedicated to the
City have been satisfactorily pressure tested and videoed.
D. An extraterritorial agreement is recorded at the Grant County Auditor's Office.
E.The waste discharge permits are executed by the City and the Department of Ecology.
F.A wastewater industrial user survey has been submitted tothe Wastewater Division Supervisor
that is deemed to be complete.
13.05.210 Connection to Force Mains:
A. The Municipal Service Directormay allow owners to connect to a POTW force main. A valve
shall be installed on the owner's service line at the tee on the City-owned main.Furthermore,
all wastewater that contains solids must pass though a septic tank priorto being pumped into
the POTW's force main.
B. The Cityshallnotbe responsible for any backflow from the POTW intothe owners service line
nor shall the Citybe responsible forany damages,claims, or losses resulting therefrom.
13.05.240 Ownership:The limits of ownership for mains and building sewers that 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,
V_y provided that they have been accepted by the City Council.
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PAGE 6 May 10,2016
B.Privately Owned Mains:Owners shall retain ownership for sewer mains and appurtenances that
only serve their property,The owner's sewer main shall include all its pipe and appurtenances
up to the point of connection to a City-owned sewer main,including the wye,tee,or other
connecting device to a City-owned sewermain,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
force main,the City shall own the tee and valve,and the owner shall retain ownership of all pipe
and appurtenances upstream of the City-owned valve.
C. Gravity Building Sewers:Owners shall retain ownership for gravity building sewers,up to and
including the wye,tee,or other connecting appurtenance on a City-owned sewer main.
D.Pressurized Building Sewers: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 valve and
the owner shall retain ownership of all pipe and appurtenances upstream of the City-owned valve.
Section 2.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 May 10,2016
Todd Voth,Mayor
W.Robert Taylor,Rrrance Director
APPROVED AS TO FORM:
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Katherlne L.Kenison, City attorney
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