14.10.290 Regulation of Wastewater Received from Other Jurisdictions.
A. In the event a User outside the City sanitary sewer service area (as identified in the most current sanitary sewer Master Plan or as otherwise defined by the Director) proposes to discharge wastewater into the City’s POTW, the City shall enter into an inter-local agreement with the contributing municipality (County, City, Town, Sewer District, or other municipal corporation recognized under State Law). Such agreement shall affix responsibilities in an enforceable manner to ensure 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 (Department of Ecology) and processed as a minor program modification.
B. Prior to entering into an agreement required by Section 14.10.290(A), above, the Director shall request the following information from the contributing municipality:
1. A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
2. An inventory of all Users located within the contributing municipality that are discharging to the POTW; and
3. Such other information as the Director may deem necessary.
C. An inter-local agreement, provided for under Section 14.10.290(A), shall contain the following provisions:
1. Requirements for contributing municipalities to adopt a Sewer Use Ordinance or Pretreatment Ordinance which establishes Pretreatment Standards and Requirements as stringent as in this Ordinance (Part 2). The Ordinance provisions and limits must be revised to conform within a reasonable time frame (within 9 months) to any future revisions of the City’s Ordinance;
2. Requirements for the contributing municipality to submit a revised User inventory on at least an annual basis, and reinforce requirements to obtain a permit prior to discharge;
3. A clear division of responsibilities for implementing each pretreatment related activity under this Ordinance or in the City’s National Pollutant Discharge Elimination System (NPDES) permit(s). 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 municipality and the Director must also be identified;
4. Requirements for the contributing municipality to provide the Director access to all information that the contributing municipality obtains as part of its pretreatment activities;
5. 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. 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;
6. Provisions ensuring that the Director may enter and inspect Users located within the contributing municipality’s jurisdictional boundaries to confirm that the Pretreatment Program is being properly administered and Users are properly categorized; and
7. Provisions for addressing any breach of the terms of the inter-local agreement. (Ord. M-3970 §2, 2010)