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(1) Prior to allowing wastewater to be received for treatment from another agency, or from a user located outside the municipal corporate boundaries of the City, the City shall be empowered and obliged to enter into a multijurisdictional agreement with the contributing agency (county, city, town, sewer district, port, or other municipal corporation recognized under state law). Such agreement shall affix responsibilities in an enforceable manner to provide that the pretreatment program is fully and equitably administered in all contributing jurisdictions. Any such agreement or modification to such an agreement shall be reviewed by the City’s legal counsel and shall be submitted, together with the opinion that it is legally sufficient, to the approval authority (DOE) and processed as a minor program modification.

(2) Prior to entering into an agreement required by subsection (1) of this section, the Public Works Director shall request the following information from the contributing municipality:

(a) A description of the quality and volume of wastewater discharged to the POTW by the contributing agency;

(b) An inventory of all users located within the contributing municipality that are discharging to the POTW; and

(c) Such other information as the Public Works Director may deem necessary.

(3) A multijurisdictional agreement, as required by subsection (1) of this section, shall contain the following provisions:

(a) Requirements for contributing agencies to adopt a sewer use chapter which establishes pretreatment standards and requirements as stringent as in this chapter (PMC 13.90.050 through 13.90.140). The agreement’s provisions and limits must be revised to conform within a reasonable time frame (within nine months) to any future revisions of the City’s ordinance;

(b) Requirements for the contributing agency to submit a revised user inventory on at least an annual basis, and reinforce requirements to obtain a permit prior to discharge;

(c) A clear division of responsibilities for implementing each pretreatment-related activity under this chapter or in the City’s National Pollutant Discharge Elimination System (NPDES) permit or in the City’s SWD permit. Such tasks include reinforcing prohibitions, locating users, issuing wastewater discharge permits, conducting inspections, sampling, evaluating compliance, initiating enforcement, and reporting compliance. Any activities which will be conducted jointly by the contributing agency and the Public Works Director must also be identified;

(d) Requirements for the contributing agency to provide the Public Works Director access to all information that the contributing agency obtains as part of its pretreatment activities;

(e) The nature, quality (e.g., conventional and toxic pollutant concentrations), and volume (peak and average flow rates) the contributing municipality is allowed to discharge to the City, including, how and where compliance will be measured, how fees for service and surcharges will be established and how additional loading capacity, if needed, will be negotiated;

(f) Provisions ensuring the Public Works Director may enter and inspect users located within the contributing agency’s jurisdictional boundaries to confirm that the pretreatment program is being properly administered; users are properly categorized, etc.; and

(g) Provisions for addressing any breach of the terms of the multijurisdictional agreement. [Ord. 4169 § 1, 2014; Code 1970 § 13.62.050(H).]