1. “AKART” is an acronym for “all known, available, and reasonable methods (prevention, control and treatment) to prevent and control pollution of the waters of the State of Washington.” (Chapter 90.48 RCW). AKART shall represent the most current methodology that can be reasonably required for preventing, controlling or abating the pollutants associated with a discharge. AKART shall be applied by all users of the POTW. AKART includes best management practices and may be required by the director for any discharge to the POTW.
2. “BOD” (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Centigrade, expressed in milligrams per liter.
3. “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
4. “Building sewer” means the extension from the building drain to the public sewer or other place of disposal.
5. “Bypass” means the intentional diversion of wastestreams from any portion of a user’s treatment facility.
6. “Categorical pretreatment standard or categorical standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405--471.
7. “Categorical user” means a user covered by one or more categorical standards as defined herein.
8. “Combined sewer” means a sewer receiving both surface runoff and sewage.
9. “Cooling water” means water used for cooling purposes generated from any use, such as air conditioning heat exchangers, cooling or refrigeration. For purposes of this ordinance, such waters are further divided into two subcategories:
A. Uncontaminated. Water to which the only pollutant added is heat, which has no direct contact with any raw material, waste, intermediate, or final product, and which does not contain a level of contaminants detectably higher than that of the intake water.
B. Contaminated. Water likely to contain levels of pollutants detectably higher than intake water. This includes water contaminated through any means, including chemicals added for water treatment, corrosion inhibition, or biocides, or by direct contact with any process materials, products, and/or wastewater.
10. “Department” means the Washington State Department of Ecology or authorized representatives thereof.
11. “Director” means the director of public works or his/her delegated representative who shall be responsible for operation and maintenance of the sanitary sewerage system.
12. “Garbage” means solid wastes from domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
13. “gpd” means gallons per day.
14. “Industrial user” means any non-domestic source of wastewater discharged to the POTW. This excludes “domestic users” as defined in this section.
15. “Industrial wastes” means the liquid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary sewage.
16. “Industrial wastewater” means water or liquid-carried waste from any industry, manufacturing operation, trade, or business which includes any combination of process wastewater, cooling water, contaminated stormwater, contaminated leachates, or other waters such that the combined effluent differs in some way from purely domestic wastewater, or is subject to regulation under federal categorical pretreatment standards, the state waste discharge permit program, or this chapter.
17. “Interference” means the effect of a discharge or discharges on the POTW from one or more users which results in either: (1) inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal; (2) violation of any permit regulating the city wastewater discharge or sewerage sludge; or (3) prevention of sewage sludge use or disposal in compliance with any applicable statutory or regulatory provision or permit issued thereunder. (Applicable sludge regulations shall include Section 405 of the Clean Water Act (33 USC 1345 et seq.); the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA) (42 USC 6901 et seq.); state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act (42 USC 7401 et seq.); the Toxic Substances Control Act (TSCA) (15 USC 2601 et seq.); the Marine Protection, Research, and Sanctuaries Act (33 USC et seq.); and 40 CFR part 503.)
18. “Licensed sewer contractor” means a bonded and licensed person approved by the city as qualified and competent to do work incidental to the construction or repair of building sewers and side sewer connections under a permit issued under this section.
19. “Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
20. “NPDES” means the National Pollution Discharge Elimination System.
21. “Pass through” means a condition occurring when discharges from users, (singly or in combination), exit the POTW in quantities or concentrations which either: (1) cause a violation of any requirement of a city NPDES or state waste discharge permit; (2) cause an increase in the magnitude or duration of a violation; or, (3) cause a violation of any water quality standard for waters of the state promulgated under state regulations including Chapter 173-201A WAC.
22. “Person” or “owner” means any individual, firm, company, association, society, corporation or group.
23. “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. A measure of the acidity or alkalinity of a substance, expressed in standard units.
24. “Pollutant” means any substance, either liquid, gaseous, solid, or radioactive, discharged to the POTW which, if discharged directly, would alter the chemical, physical, thermal, biological, or radiological properties of waters of the state of Washington including pH, temperature, taste, color, turbidity, oxygen demand, toxicity, or odor. This includes any discharge likely to create a nuisance or render such waters harmful, detrimental or injurious to any beneficial uses, terrestrial or aquatic life, or to public health, safety or welfare.
25. “POTW” means public operated treatment works.
26. “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes: by process changes; or by other means (except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.)
27. “Pretreatment standards” means any pollutant discharge limitations including categorical standards, state standards, and limits of Section 13.12.140 F of this chapter applicable to the discharge of non-domestic wastes to the POTW. The term shall also include the prohibited discharge standards of this chapter, WAC 173-216-060, and 40 CFR Part 403.5.
28. “Properly shredded garbage” means the wastes that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
29. “Proportionate share” means the industry’s share of capital cost or the facilities that the industry proposes to use based on all factors that significantly influence the costs of the facilities. Factors such as strength, volume and delivery flow rate of the wastewater shall be considered.
30. “Public sewer” means a sewer in which all owners and abutting properties have equal rights, and is controlled by public authority.
31. “Sanitary sewer” means a sewer which carries sewage, and to which storm, surface and ground waters are not intentionally admitted.
32. “Septage” means the liquid and solid material pumped from a septic tank, cesspool, or similar domestic sewage treatment system. This includes liquids and solids from domestic holding tanks, chemical toilets, campers and trailers, when these systems are cleaned or maintained.
33. “Service connection” means the sewer pipe and appurtenances located on private property between a building or buildings on such property and the public sewer, sometimes commonly known as a house sewer.
34. “Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.
35. “Sewer” means a pipe or conduit for carrying sewage.
36. “Sewerage works” means all facilities for collecting, pumping, conveying, treating and disposing of sewage.
37. “Shall” is mandatory; “may” is permissive.
38. “Side sewer” means that portion of the public sewer between collection lines and individual property lines.
39. “Significant industrial user” means:
A. A user subject to categorical pretreatment standards; or
B. A user that:
1. Discharges an average of twenty-five thousand gpd or more of process wastewater) to the POTW (excluding sanitary, non-contact cooling, and boiler blowdown wastewater); or
2. Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3. Is designated as such by the Department of Ecology, with input from the city, on the basis that it, alone or in conjunction with other sources, has a reasonable potential for adversely affecting the POTW’s operation, or for violating any pretreatment standard or requirement.
40. “Slug” means any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four hour concentration or flows during normal operation.
41. “State” means State of Washington, Department of Ecology, also referred to as “Department.”
42. “Storm drain” (sometimes termed “storm sewer”) means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water.
43. “Suspended solids” means solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by filtering.
44. “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with applicable pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
45. “Utility service contract” means a contract providing the terms and conditions upon which certain specified sewer system users are authorized to discharge water or waste into the city’s sewer system.
46. “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.
47. “Wastewater treatment plant” means any arrangement of devices and structures used for treating sewage. (Ord. 1077 § A, 1999: Ord. 599 §§ 1.1-1.25, 1979).

The director shall operate and maintain in good condition the sanitary sewerage system, including all sanitary sewers, pumping stations, transmission lines, sewage treatment plants, disposal facilities and related appurtenances. He shall be responsible for issuing permits for building sewer construction, side sewer connection and private sewers; for inspecting such construction; for keeping complete maps and records of all additions, alterations and connections to the sanitary sewerage system. (Ord. 1087(part), 1999; Ord. 599 § 2.1, 1979).

The director shall respect and carry out all instructions of the health authorities and state and federal agencies. He shall keep the mayor and city council informed of the status of operation of the sewerage system and shall assist in determining future needs and assist the council to provide for those needs. (Ord. 1087(part), 1999; Ord. 599 § 2.2, 1979).

A. Openings in or connections to the public sanitary sewers shall be made only by the director or employees of the city working under his immediate supervision. Sewer lines within the property boundaries may be laid by the property owner or his agent, but a permit shall be required as provided in this chapter. All construction of sewer lines on private property shall be in accordance with the provisions of this chapter and subsequent city ordinances. When construction of sewer lines on private property are performed by an agent for the property owner, that agent shall be licensed in accordance with this chapter.
B. No person, firm or corporation shall construct any sewer installation or connection unless he is a licensed contractor under the laws of the state of Washington; provided, however, that an owner of property may construct his own sewer installation or connection. (Ord. 1077 § C, 1999: Ord. 599 § 2.3, 1979).

During the construction of building sewers, side sewer connections and private sewers, the director shall be responsible for adequate inspection of the same and upon completion note his approval on the permit file copy. (Ord. 1087(part), 1999; Ord. 599 § 2.4, 1979).

The director shall construct the side sewer from the public sanitary sewer to the owner’s property line at city expense. (Ord. 1087(part), 1999; Ord. 599 § 2.5, 1979).

When any building sewer or other private sewer connected with any public sanitary sewer becomes obstructed, broken or out of repair, the director shall, if the owner, agent or tenant of such premises fails to repair the same after two days’ notice to do so, cause such sewers to be removed, reconstructed, repaired, altered, or cleaned out, as he may deem expedient at the expense of the owner, agent or occupant of such premises, and the amount thereof shall be a lien upon the premises so serviced, and such assessment may be collected and the lien enforced by suit in the name of the city, or any officer, contractor or contractors to whom it shall have directed payment to be made in any court of competent jurisdiction. (Ord. 1087(part), 1999; Ord. 599 § 2.6, 1979).

The director or his representatives bearing proper credentials and identification, shall be permitted to enter upon all and any premises at all reasonable times for the purpose of inspection, observation, measurements, samplings, testing of sewers and sewage waste and performing all other acts or duties required of him in accordance with the provisions of this chapter and it is unlawful for any person to prevent, or attempt to prevent, any such entrance or obstruct or interfere with any such officer or employee while so engaged.
A. The director shall have the right to enter the facilities of any user to ascertain whether the purpose of this ordinance, and any wastewater discharge permit or order issued under this ordinance or by the department, is being met and whether the user is complying with all requirements thereof.
B. The director shall have the right to set up on any user’s property such devices as are necessary to conduct sampling, compliance monitoring, and or metering of a user’s operations. It shall be the policy of the director to inform the department of such activities where users hold a state waste discharge permit in order to make the results of such sampling available to the department.
C. Users shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
D. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director, his or her agents or assigns and representatives of state and federal authority will be allowed to enter without delay for the purposes of performing their respective duties.
E. Any temporary or permanent obstruction to safe, ready, and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the director and shall not be replaced. The costs of clearing such access shall be borne by the user.
F. Unreasonable delays or failure to allow the director access to any area to perform functions authorized under this chapter shall be grounds for termination of wastewater treatment services, and enforcement as authorized by this chapter. (Ord. 1077 § 1D, 1999: Ord. 599 § 2.7, 1979).

Any property owner desiring to make a connection with the city sanitary or stormwater sewer system shall secure a permit therefor, which shall be issued by the director. He shall submit a plat in duplicate, on letter size paper, showing the location of this property, the position and grade of the proposed house lateral or private sewer, the building or buildings to be connected, and the purpose for which they are used. The director shall determine the location and mode of connection, and shall issue a permit therefor and record the same. The person applying for service shall have the option of paying the city to make said connection or of having a private, state licensed contractor make the connection at the property owner’s cost. If the city is to make the connection, the cost thereof shall be estimated by the director and such estimated amount shall be paid to the city prior to performance of the work. If the actual cost of making the connection is more than the estimated amount, the property owner shall pay the extra amount immediately. If the actual cost of making the connection is less than the estimated amount, the difference shall be refunded to the property owner by the city. If the property owner elects to have a private licensed contractor install the service connection, the property owner shall pay an inspection fee to the city in an amount to be set by resolution of the city council. (Ord. 1077 § 1E, 1999: Ord. 826 § K(part), 1989: Ord. 701 § A, 1984: Ord. 652 § B, 1982: Ord. 584 § 1, 1978: Ord. 498 § 1, 1973: Ord. 436 § 1, 1966: Ord. 345 § 1, 1955: Ord. 313 § 1, 1951: Ord. 233 § 5, 1937).

A. Prior to issuance of a building permit for any construction and prior to connection of the property to the sewer system of the city, a general facilities charge shall be paid by the property owner. The general facilities charge shall be in an amount to be set by resolution of the city council and shall be applicable to all areas served; provided, that the general facilities charge for property within the East Lynden/Line Road Sub-Basin shall include an additional surcharge attributable to costs incurred in serving the East Lynden/Line Road Sub-Basin as set forth in subsection B of this section.
B. The East Lynden/Line Road Sub-Basin is depicted and described on Exhibit A of the ordinance codified in this section and is incorporated herein. All property within the East Lynden/Line Road Sub-Basin for which a building permit for any construction or connection to the city sewer system is sought, shall be subject to an additional general facilities surcharge which shall be paid by the property owner, along with the city’s regular general facilities charge, prior to issuance of such building permit and prior to connection of the property to the sewer system of the city. The general facilities surcharge for property in the East Lynden/Line Road Sub-Basin shall be in an amount to be set by resolution of the city council.
C. When a customer classification is not specifically listed in the resolution setting the general facilities charge, the public works director may determine which category the customer most closely resembles in quantity of water used and quantity and quality of sewage output, and classify each customer accordingly.
D. When a property is devoted to a business involving special water consuming devices or equipment, the public works director may establish the number of units based on the quantity of water used and the quantity of sewage output.
E. Notwithstanding the foregoing provisions, when an old building sewer is connected with a new building pursuant to Section 13.12.360 of this chapter, there shall be no charge therefore if the use of the new building and the size of the new building are the same as the building which it replaces. When the use or the size of the new building are different from those of the old building, the sewer charge shall be as computed herein less the charge the old building would have had if computed in the manner set out herein. The minimum charge shall be in an amount to be set by resolution of the city council. (Ord. 1247 § A, 2005: Ord. 839 § A, 1990: Ord. 826 § K(part), 1989: Ord. 701 § B, 1984).

There is created a new fund to be designated the sewer facilities capital improvement and expansion fund. All moneys collected pursuant to Section 13.12.055 of the Lynden Municipal Code shall be deposited therein. Said funds shall be used only for capital improvements to and expansion of the city sewer system and for no other purpose. (Ord. 701 § C, 1984).

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and within three hundred feet of any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within ninety days after date of official notice to do so. (Ord. 599 § 3.1, 1979).

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the superintendent and state and federal authorities, where applicable, to a storm sewer or natural outlet. (Ord. 599 § 3.2, 1979).

It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste. (Ord. 599 § 3.3(a), 1979).

It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. 599 § 3.3(b), 1979).

Except as provided in this chapter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. (Ord. 599 § 3.3(c), 1979).

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. (Ord. 1077 § F, 1999: Ord. 599 § 3.3(d), 1979).

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer, building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 599 § 3.3(e), 1979).

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
A. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
B. No user shall introduce or cause to be introduced into the POTW the following pollutants in any form (solid, liquid, or gaseous):
1. Any pollutant which either alone or by interaction may create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (sixty degrees Centigrade) using the test methods specified in 40 CFR 261.21, (40 CFR 403.5(b)(1)), or are capable of or are creating a public nuisance. (WAC 173-216-060(2)(b)(ii) (Optional: This includes wastestreams sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. At no time shall a wastestream cause two successive readings on an explosion meter to be more than five percent nor any single reading over ten percent of the lower explosive limit (L.E.L.) of the meter at any point in the collection system or treatment works.)
2. Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through (40 CFR 403.5(b)(6) and WAC 173-216-060(2)(b)(i));
3. Any trucked or hauled wastes, except at discharge points designated by the city and in compliance with all applicable city requirements and during specified hours (40 CFR 403.5(b)(8));
4. Any noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair (WAC 173-216-060(2)(b) (ii));
C. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant, including, but not limited to, cyanides in excess of two mg/l, as Cn in the wastes discharged to the public sewer;
D. Any waters or wastes having a pH lower than 6.0 and greater than 10.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;
E. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, fats, oils, greases, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (Ord. 1077 § G, 1999: Ord. 599 § 3.4, 1979).

A. No person shall discharge or cause to be discharged any substances, materials, waters, or wastes if it appears likely, in the opinion of the director, that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the director will give consideration to such factors as to quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, and other pertinent factors. The substances prohibited are:
1. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (sixty-five degrees Centigrade);
2. Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit (zero degrees Centigrade) and one hundred fifty degrees Fahrenheit (sixty-five degrees Centigrade);
3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-quarter horsepower (0.76) hp metric) or greater shall be subject to the review and approval of the director;
4. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not;
5. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the director for such materials;
6. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the director as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters;
7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the director in compliance with applicable state or federal regulations;
8. Any waters or wastes having a pH in excess of 11.0 or having a pH of less than 5.0 for a duration of no longer than fifteen minutes, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;
9. Materials which exert or cause:
a. Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller’s earth, lime slurries and lime residues), or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate),
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions),
c. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works, unless agreed to in writing under the provisions of Ordinance 549,
d. Any discharge or pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, is sufficient to cause interference with the POTW (40 CFR 403.5(b)(4) and WAC 173-216(2)(b)(vi)),
e. Unusual volume of flow or concentration of wastes constituting “slugs” as defined in Section 13.12.005;
10. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters;
11. Any discharge of pollutants, including oxygen-demanding pollutants (BOD, Cd, Cu, Ni, Cr, Zn, etc.) released at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, is sufficient to cause interference with the POTW (40 CFR 403.5(b)(4) and WAC 173-216-060(2)(b)(vi)).
B. Users discharging a wastestream containing dangerous wastes as defined in Chapter 173-303 WAC (listed, characteristic, or criteria wastes) are required to comply with the following permit provisions:
1. Obtain a written authorization to discharge the waste from the city, and either obtain specific authorization to discharge the waste in a state waste discharge permit issued by the state, or accurately describe the wastestream in a temporary permit obtained pursuant to 90.48.165 RCW. The description shall include at least:
a. The name of the dangerous waste as set forth in Chapter 173-303 WAC, and the dangerous waste number,
b. The mass of each constituent expected to be discharged,
c. The type of discharge (continuous, batch, or other),
2. Compliance shall be obtained on the following schedule:
a. Before discharge for new users, and
b. Within thirty days after becoming aware of a discharge of dangerous wastes to the POTW for existing users, and
c. Within ninety days after the industry has been notified by the city of final rules identifying additional dangerous wastes, new characteristics, or criteria of dangerous wastes, and the rules are published for users discharging a newly listed dangerous waste;
C. National Categorical Pretreatment Standards as adopted and hereafter amended by the EPA pursuant to the act shall be met by all users in the regulated industrial categories. These standards, found in 40 CFR Chapter 1, Subchapter N, Parts 405--471, are hereby incorporated by reference.
D. Any user determined by the city to qualify as a significant industrial user shall file an application for a state waste discharge permit with the department in accordance with the requirements of WAC 173-216-070. Proof of acceptance of the application, and payment of permit fees shall be kept at the user’s facilities, and produced upon request by the city. Failure to submit the application or rejection of the application by the department may be considered sufficient grounds to terminate or refuse to provide sewer service;
E. Septage and Liquid Hauled Wastes.
1. Septage and liquid hauled wastes shall be introduced into the POTW only at the designated receiving structure within the treatment plant area at such times as are established by the director. No load may be discharged without prior consent of the director.
2. Septage shall not violate any discharge prohibition or standard of this chapter or any other requirements established or adopted by the city. The director shall issue wastewater discharge permits for individual vehicles to use such facilities.
3. Septage and liquid waste haulers must provide the director a waste-tracking form for every load when discharged. This form shall include, at a minimum, the name and address of the waste hauler, city septage permit number, truck identification, addresses of the sources of waste, and volume and characteristics of waste.
4. Haulers of liquid wastes other than septage shall provide full disclosure to the director of the source(s) of the wastewater, and such additional information as required by the director to characterize the wastewater. The director may issue an authorization on his/her own authority, or require haulers of nondomestic wastewater to obtain a waste discharge permit prior to authorizing the discharge. No authorization to discharge such wastewater shall be granted until the director has determined to his satisfaction that the wastewater complies with all applicable discharge standards, prohibitions, and requirements of this chapter.
5. The director shall exercise absolute discretion in whether to accept any load of septage or liquid hauled wastes. In determining whether to accept a load, the director may collect samples of each hauled load and/or require the hauler to provide a wastewater analysis of any load prior to discharge.
6. Fees for discharge of septage or liquid hauled wastes will be established as part of the user fee system set by resolution.
F. Local Limits.
1. The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following daily maximum allowable discharge limits:

2. The above limits apply to the end of any process or combination of processes identified to have a potential discharge of this pollutant. All concentrations for metallic substances are for “total metal” unless indicated otherwise. The state may impose mass limitations in addition to or in place of the concentration-based limitations above. Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply.
G. City’s Right of Revision.
The city reserves the right to establish more stringent standards or requirements on discharges to the POTW. (Ord. 1077 § H, 1999: Ord. 599 § 3.5, 1979).

A. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 13.12.140, and which, in the judgment of the director, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the director may:
1. Reject the wastes by cutting off access to the city sewer;
2. Require pretreatment to an acceptable condition for discharge to the public sewers, including, but not limited to, mechanical screening and/or pH correction;
3. Require control over the quantities and rates of discharge; and/or
4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of the current sewer rate resolution.
B. If the director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the director, and subject to the requirements of all applicable codes, ordinances and laws.
C. Pretreatment Facilities.
1. Users shall procure and properly install, operate and maintain the wastewater facilities, which combined with appropriate practices, are necessary to achieve AKART as defined herein. Such pretreatment facilities shall by designed to achieve compliance with all applicable pretreatment standards and requirements within the time limitations specified by the EPA, the state, or the city; whichever is more stringent. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the department for review and approval in accordance with the procedures of Chapter 173-240 WAC, and shall be disclosed to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying its facility as necessary to produce a discharge acceptable to the city and/or the department and meet discharge limitations under the provisions of this chapter. Such facilities shall be provided, operated, and maintained at the user’s expense.
2. Users shall comply with approved engineering reports, plans and specifications, and operations and maintenance manuals, and shall modify such documents to reflect any proposed modifications of industrial wastewater (pretreatment) facilities. Users shall submit proposals to modify pretreatment facilities to the department before implementation in accordance with Chapter 173-240 WAC. Users shall submit a copy of such revised plans and the department’s acceptance to the director before implementing changes to approved pretreatment facilities. The director may audit the compliance of any user, and require changes in operating procedures deemed necessary by the director to ensure continued compliance with applicable pretreatment standards and requirements.
D. Accidental Spill/Slug Discharge Control Plans. The director may require any user to install, properly operate, and maintain, at its own expense, facilities to prevent slugloads or accidental discharges of pollutants to the POTW. The director may require users to produce and/or implement spill plans developed in compliance with applicable OSHA, health, fire, and department regulations applicable to discharges to POTWs. When such plans are required by the director they shall contain at least the following elements:
1. A description of all wastewater discharge practices, including non-routine batch discharges;
2. A description of any and all stored chemicals;
3. Procedures for immediately notifying the director of any accidental or slugload discharges, with procedures for follow-up written notification within five days; and
4. Procedures to prevent adverse impact from any accidental or slugload discharge, including, but not limited to, the following: inspection and maintenance of chemical storage areas; handling and transfer of materials; loading and unloading operations; control of run-off; worker training; construction of containment structures or equipment; and measures for emergency response.
E. Users shall verbally notify the director of the wastewater treatment plant immediately upon the occurrence of a slugload or accidental discharge of substances regulated by this chapter and take immediate actions to correct the situation. Such notification shall include the following information: (1) the location of discharge (2) the date and time thereof (3) the type of waste (4) the waste concentration and volume and (5) the corrective actions taken and planned. The user shall follow-up with a written notification to the director containing the same information within seven days following the discharge.
F. Any user who discharges an accidental discharge or slugload shall be liable for: (1) recovery of any resultant expenses, losses and damages to the POTW (2) recovery of any fines or settlements levied upon the city by any government agency or court of competent jurisdiction attributable to the discharge and (3) applicable fines and penalties assessed upon the user by the city for noncompliance with this chapter. (Ord. 1077 § I, 1999: Ord. 599 § 3.6, 1979).

Grease, oil and sand interceptors shall be required for all restaurants and food service facilities and shall also be provided when, in the opinion of the director, they are necessary for the proper handling of liquid wastes containing grease in excessive amount, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the director, and shall be located as to be readily and easily accessible for cleaning and inspection. All interceptors shall be regularly maintained. (Ord. 1077 § J, 1999: Ord. 599 § 3.7(a), 1979).

A. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
B. Dilution. No user shall ever increase the use of water, nor combine separate waste streams, or in any way attempt dilution of a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The director may request that the department impose mass limitations on users which he/she believes may be using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. 1077 § K, 1999: Ord. 599 § 3.7(b), 1979).

When required by the director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 1087(part), 1999; Ord. 599 § 3.7(c), 1979).

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewerage works and to determine the existence of hazards to life, limb and property. (The particular analysis method involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls whereas pH’s are determined from periodic grab samples.) (Ord. 599 § 3.8, 1979).

Every residence, building or plant which discharges any liquid or solid matter into the sewers of the city, shall be charged a monthly rate therefor, in an amount to be set by resolution of the city council. (Ord. 826 § K(part), 1989: Ord. 742 § A, 1986: Ord. 680 § A, 1983: Ord. 657 § A, 1982: Ord. 652 § A, 1982: Ord. 601 § 1, 1979: Ord. 588 § 1, 1977: Ord. 533 § 1, 1976: Ord. 453 § 1, 1967: Ord. 369 § 1, 1958: Ord. 354 § 1, 1958).

All the charges shall be due and payable monthly on the first day of each calendar month. All delinquent charges shall be a lien against the property served and shall be perfected and enforced as provided by the laws of the state of Washington. (Ord. 354 § 2, 1958).

In addition to the lien provided for in Section 13.12.260, the city shall have the right to enforce such lien by cutting off and refusing water service to the premises to which such sewer service has been furnished after the charges become delinquent and unpaid, until such rates and charges are paid. (Ord. 354 § 3, 1958).

It is unlawful for any person or persons to make any connection with or in any manner obstruct or interfere with any public sewer or drainage, except as otherwise provided in this chapter. (Ord. 233 § 1, 1937).

A. State Responsibility for Administrative Actions. The department is charged with permitting and regulating significant industrial user’s discharging to the city POTW. Except for emergency actions, it shall be the policy of the director to coordinate actions in regard to control of such users with the department until such time as a local pretreatment program for the city may be authorized by the state. Failure to conduct such coordination, however, shall not invalidate any action of the city authorized by this chapter.
B. Notification of Violation.
1. Whenever the director finds that any user has violated or is continuing to violate any provision of this chapter, or an order issued hereunder, the director may serve upon such user written notice of the violation.
2. Within ten days of receipt of such notice of violation, the user shall submit to the director an explanation of the violation and a plan to satisfactorily correct and prevent the reoccurrence of such violation(s). The plan shall include specific actions the user will take, and the completion dates of each. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.
3. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
C. Consent Orders.
1. The director, upon approval of the city council, is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such consent orders shall include specific action to be taken by the user to correct the noncompliance within a time schedule also specified by the consent order.
2. Compliance schedules, when included in consent orders, may not extend the compliance date beyond any applicable state or federal deadlines. Consent orders shall have the same force and effect as compliance orders issued pursuant to any section regarding criminal prosecution, and shall be judicially enforceable.
3. Failure to comply with any terms or requirements of a consent order by the user shall be an additional and independent basis for termination of wastewater services, including collection and treatment, or for any other enforcement action authorized under this chapter and deemed appropriate by the director.
D. Compliance Orders.
1. Whenever the director finds that a user has violated, or continues to violate, any provision of this chapter, or order issued hereunder, the director may issue a compliance order to the user responsible for the violation. This order shall direct that adequate pretreatment facilities, devise, or other related appurtenances be installed and properly operated and maintained. The order shall specify that wastewater services, including collection and treatment, shall be discontinued and/or applicable penalties imposed unless, following a specified time period, the directed actions are taken.
2. Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the violation or noncompliance, including, but not limited to, the installation of pretreatment technology, additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the POTW. A compliance order may not extend the deadline for compliance beyond any applicable state or federal deadlines, nor does a compliance order release the user from liability from any past, present, or continuing violation(s). Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.
3. Failure to comply with any terms or requirements of a compliance order by a user shall be an additional and independent basis for termination of wastewater services, including collection and treatment, or any other enforcement action authorized under this chapter and deemed appropriate by the director.
E. Administrative (Show Cause) Hearing.
1. A user shall be afforded the opportunity to an administrative hearing to contest the city’s determination to suspend services, impose penalties, recover costs, or establish compliance schedules, through cease and desist orders (hereinafter called collectively “enforcement actions”). A user shall also have the right to a hearing prior to termination of a user’s wastewater collection and treatment services.
2. Notice shall be served on the user specifying the enforcement action, and the reasons for such action.
3. A user wishing to contest an enforcement action shall, within ten days of receiving notice of the decision or order, file with the director a notice of request for an administrative hearing.
4. This administrative hearing shall be held before the director. It shall be heard within thirty days of receipt by the director of the notice of request for hearing. The user requesting the hearing shall receive at least ten days notice of the date of the hearing.
5. The director shall hear all evidence presented by the user, receive input from city personnel regarding the enforcement action, and shall render a written decision affirming the enforcement action, reversing it, or modifying it. The decision shall be served on the user.
6. A user desiring to appeal the decision of the director at an administrative hearing shall, within ten days of receipt of such decision, file a notice of appeal of such decision with the office of the city administrator. The appeal shall be heard as a closed record appeal in accordance with Chapters 17.09 and 17.11 of the Lynden Municipal Code.
7. An administrative hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
F. Cease and Desist Orders.
1. The director may issue a cease and desist order upon finding a user has or is violating either: this chapter, a wastewater discharge permit order issued by the department, any other pretreatment standard or requirement. The decision to issue a cease and desist order shall consider the likelihood that a user’s violations in conjunction with other discharges could cause a threat to the POTW, POTW workers, or the public, or cause pass through, interference, or a violation of the POTW’s NPDES permit. The order issued by the director will direct the user to cease and desist all such violations and to:
a. Immediately cease such actions or discharges as described;
b. Comply with all applicable pretreatment standards and requirements;
c. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
2. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
G. Emergency Suspension of Wastewater Services.
1. The director may immediately suspend wastewater services, including collection and treatment, after informal notice to the user, if it appears to the city that such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to either the environment, normal operation of the POTW, or the health or welfare of any person or the general public.
2. Any user notified of a suspension of its wastewater discharge shall immediately cease all such discharges. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or the danger to the public. The director may allow the user to recommence its discharge when the user has demonstrated that the period of endangerment has passed, unless termination proceedings (under subsections F and G of this section) are initiated against the user.
3. It is unlawful for any person to prevent the director and/or city from terminating wastewater collection and treatment services in an emergency situation, by barring entry, by physically interfering with city employees or contractors, or by any other means.
4. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director prior to the date of any administrative hearing authorized by this chapter.
5. Nothing in this section shall be interpreted as requiring an administrative hearing prior to any emergency suspension under this section.
H. Termination of Treatment Services (Non-Emergency):
1. The director shall have authority to terminate wastewater services, including collection and treatment, through the issuance of a termination order to any user upon determining that such user has:
a. Refused access allowed by this chapter thereby preventing the implementation of any purpose of this chapter;
b. Violated any provision of this chapter including the discharge prohibitions and standards of Section 13.12.140; or
c. Violated any lawful order of the city issued with respect to this chapter.
2. For users holding permits to discharge to the city POTW, violation of the following conditions is also grounds for terminating discharge services:
a. Failure to accurately report wastewater constituents or characteristics;
b. Failure to report significant changes in operations or wastewater constituents or characteristics; or
c. Violation of any term or condition of the user’s waste discharge permit.
3. Issuance of a termination order by the city shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 1077 § M, 1999).

It is unlawful for any person to remove or damage any portion of a manhole, lamphole, or any part of the public sewer system or wastewater treatment plant or to deposit in any manhole, lamphole, lateral or sewer opening any garbage, rubbish, dead animals or any substance having a tendency to obstruct the flow, or to discharge into the sewer system any gasoline or oils, garbage or trade wastes, other than normal sewage capable of successful treatment in the existing plant. All roof drainage shall be excluded from the sanitary sewers, and shall be handled and cared for with other stormwater. (Ord. 1077 § N, 1999: Ord. 233 § 17, 1937).

A. Where a public sanitary sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions of Sections 13.12.300 and 13.12.310.
B. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written statement signed by the director, which certifies that public sanitary sewers are not available.
C. The type, capacities, location and layout of a private sewage disposal system shall comply with all regulations of the Department of Social and Health Services, state of Washington and the Whatcom County health departments. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
D. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. (Ord. 1077 § O, 1999: Ord. 599 § 4.1, 1979).

At such time as a public sewer becomes available to a property served by a private sewage disposal system, the building sewer shall be connected to the public sewer within ninety days of notification, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Ord. 599 § 4.2, 1979).

It is unlawful for any person to uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the director as outlined below. (Ord. 1087(part), 1999; Ord. 599 § 5.2, 1979).

All costs and expenses incident to the installation and connection of the building sewer, or a private sewer, shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer, private sewer and side sewer connections. (Ord. 599 § 5.3, 1979).

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. 599 § 5.4, 1979).

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this chapter. (Ord. 599 § 5.5, 1979).

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. 599 § 5.6, 1979).

The size of all sewer connections to the property line shall be six inches or more. The size of building sewers beyond the property line shall not be less than four inches where a single-family dwelling unit is served and not less than six inches where more than one dwelling unit or building is served. The size of laterals to hotels, motels, laundries, creameries, commercial and industrial establishments and to more than four dwelling units of four buildings shall be subject to special consideration and approval by the director. The director may require plans prepared by a registered professional engineer to be submitted for approval. (Ord. 1087(part), 1999; Ord. 599 § 5.7, 1979).

Where physical conditions warrant and where directed by the superintendent, a backwater valve shall be installed in the building sewer. Backwater valves shall be equal to Zurn Model Z-1095. The owner shall operate and maintain the backwater valve and shall indemnify the city from any damages resulting from improper functioning of the valve. (Ord. 1087(part), 1999; Ord. 599 § 5.10, 1979).

The applicant for the building sewer permit shall notify the director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the director or his representative. (Ord. 1087(part), 1999; Ord. 599 § 5.14, 1979).

The construction of a private sewer, a building sewer and the connection to the public sewers shall conform to the requirements of this chapter, the buildings and plumbing codes of the city and other applicable rules and regulations of the city and state of Washington. From time-to-time it may be necessary for the director to set forth additional requirements for the safe and proper installation of these facilities, which requirements shall be complied with. Any deviations from the prescribed procedures and materials must be approved by the director before installation. (Ord. 1087(part), 1999; Ord. 599 § 5.15, 1979).

All building sewers, private sewers and side sewer connections shall be inspected and approved by the director or his authorized representative prior to being covered with fill material. (Ord. 1087(part), 1999; Ord. 599 § 6.1, 1979).

Any person performing under permit pursuant to the provisions of this chapter shall notify the director when the work will be ready for inspection and shall specify in such notification the location of the premises by address and the file number of the permit. The director shall make inspection within forty-eight hours after receipt of notice, excluding Saturday, Sunday or holidays. (Ord. 1087(part), 1999; Ord. 599 § 6.2, 1979).

In the case of a sewer contractor, either the contractor or a competent representative shall be available to meet the director on the premises when so directed. If the work is being done by the property owner, he shall be available to meet the director on the premises when so directed. (Ord. 1077 § V, 1999: Ord. 599 § 6.3, 1979).

If the director finds the work or materials used is not in accordance with this chapter and the approved permit, he shall notify the person doing the work and also the owner or occupant of the premises by conspicuously posting a written notice on the permit or nearby if the permit is not available, and such posted notice shall be all the notice required to be given of the defects in the work or materials found in such inspection. All such material shall immediately be replaced and/or the work corrected, and a new inspection scheduled. (Ord. 1087(part), 1999; Ord. 599 § 6.4, 1979).

All work within the limits of any public area shall be prosecuted to completion with due diligence, and if any excavation is left open and beyond a time reasonably necessary to fill the same, the director may cause the same to be backfilled and the public area restored forthwith. All such work shall be at the expense of the permittee. (Ord. 1087(part), 1999; Ord. 599 § 6.5, 1979).

The director shall require testing of pipe in accordance with commonly accepted procedures. Test procedures required shall be as set forth by the director and are available upon request. (Ord. 1087(part), 1999; Ord. 599 § 6.6, 1979).

The owner or contractor shall furnish all equipment, materials and labor necessary for testing. Testing shall be conducted in the presence of the director or his authorized representative. Any sewer or connection failing to meet the test requirements shall be repaired and retested. (Ord. 1087(part), 1999; Ord. 599 § 6.7, 1979).

No connection shall be made with nor shall any opening be made into a public sewer, either for original construction or repair except by persons licensed as aforementioned and any person making any such connection or opening, or causing the same to be done without being licensed as aforementioned, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum to be set by resolution of the city council; and before such connection is made, such licensed person or the property owner must further obtain a permit as hereinabove prescribed, and every person who shall make such opening or connection without such permit or who shall extend any building sewer or private sewer beyond the limits of the buildings or property for which such permit is given shall be guilty of a misdemeanor and upon conviction shall be fined in an amount to be set by resolution of the city council. (Ord. 826 § K(part), 1989: Ord. 599 § 7.1, 1979).

Any significant industrial user of the city’s municipal wastewater collection or treatment facilities shall be required to enter into a written agreement with the city prior to use of said facilities. The purpose of said agreement shall be to require each significant industrial user to pay its proportionate share of the capital costs of the facilities. (Ord. 643 § A(part), 1981).

If the limitations established under Section 13.12.542 industrial sewer contract are exceeded, regardless of intent or accident, in any given twenty-four-hour period, a penalty charge shall be assessed in addition to charges imposed for monthly sewer service. These excess penalty charges shall be set by resolution of the city council. (Ord. 826 § K(part), 1989: Ord. 742 § B, 1986).

Any person who shall violate or fail to comply with any of the provisions of this chapter will be deemed guilty of a misdemeanor. (Ord. 1077 § X, 1999: Ord. 829 § A, 1989: Ord. 599 § 7.2, 1979).