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Washington State pretreatment standards and requirements contained in Chapter 173-216 WAC were developed under authority of the Water Pollution Control Act, Chapter 90.48 RCW, which, pursuant to RCW 35.21.180 together with any amendments and additions thereto, are incorporated by reference. All waste materials discharged from a commercial or industrial operation into the POTW must satisfy the provisions of Chapter 173-216 WAC. In addition to some slightly more stringent prohibitions (merged with PMC 13.90.080), the following provisions unique to Washington State are required by this chapter for discharges to a POTW:

(1) Any person who constructs or modifies or proposes to construct or modify wastewater treatment facilities must first comply with the regulations for submission of plans and reports for construction of wastewater facilities, Chapter 173-240 WAC. Unless and until the City is delegated the authority to review and approve such plans under RCW 90.48.110, users with nondomestic discharges shall request approval for such plans through the Department of Ecology. To provide conformance with this requirement, proof of the approval of such plans and one copy of each approved plan shall be provided to the Public Works Director before commencing any such construction or modification.

(2) Users shall apply to the Public Works Director for a permit at least 60 days prior to the intended discharge of any pollutants other than domestic wastewater or wastewater which the Public Works Director has determined is similar in character and strength to normal domestic wastewater with no potential to adversely affect the POTW (WAC 173-216-050(1)).

(3) All significant industrial users must apply for and obtain a permit prior to discharge.

(4) All users shall apply all known, available, and reasonable methods (AKART) to prevent and control waste discharges to the waters of the state (WAC 173-216-050(3)).

(5) Discharge restrictions of Chapter 173-303 WAC (Dangerous Waste) shall apply to all users. (Prohibited discharge standards have been merged with federal prohibitions in PMC 13.90.080.)

(6) Claims of confidentiality shall be submitted according to WAC 173-216-080. Information which may not be held confidential includes: the name and address of applicant, description of proposal, the proposed receiving water, receiving water quality, and effluent data. Claims shall be reviewed based on the standards of WAC 173-216-080, Chapter 42.17 RCW, Chapter 173-03 WAC, and RCW 43.21A.160.

(7) Persons applying for a new permit or a permit renewal or modification which allows a new or increased pollutant loading shall publish notice for each application in the format provided by the City. Such notices shall fulfill the requirements of WAC 173-216-090. These requirements include publishing:

(a) The name and address of the applicant and facility/activity to be permitted;

(b) A brief description of the activities or operations which result in the discharge;

(c) Whether any tentative determination has been reached with respect to allowing the discharge;

(d) The address and phone number of the office of the Public Works Director where persons can obtain additional information;

(e) The dates of the comment period (which shall be at least 30 days); and

(f) How and where to submit comments or have any other input into the permitting process, including requesting a public hearing.

(8) The Public Works Director may require the applicant to also mail this notice to persons who have expressed an interest in being notified, to state agencies and local governments with a regulatory interest, and to post the notice on the premises. If the Public Works Director determines there is sufficient public interest the City shall hold a public meeting following the rules of WAC 173-216-100. The Public Works Director may assume responsibility for public notice requirements for any person, and may waive this requirement for persons applying for a general permit, model permit, short term discharge authorization, or for a food service establishment.

(9) Permit terms shall include, wherever applicable, the requirement to apply all known, available, and reasonable methods of prevention, control, and treatment (AKART).

(10) All required monitoring data shall be analyzed by a laboratory registered or accredited under the provisions of Chapter 173-50 WAC, except for flow, temperature, settleable solids, conductivity, pH, turbidity, and internal process control parameters. However, if the laboratory analyzing samples for conductivity, pH, and turbidity must otherwise be accredited, it shall be accredited for these parameters as well. [Ord. 4169 § 1, 2014; Code 1970 § 13.62.020(C).]