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HomeMy WebLinkAboutContract OF FILE . 4i; • 11 �t 4� qd CAC- 1 An Agreement Itetween Benton and King('minty for ti "1actot"Decant and Temporary Debris Storage and Sorting Facility. This a);lceincnl is culctcil uuo in King C'olmlc,Washington,hcicu:aflct ictcried to as"King Connly',and the City of Renton,betcnaller retcoted to as"Renton',collectively rclt itcil to as the"Panics".for the purpose of jointly constructing.operating,and martin ling a"Vactor"decant and tengxol:t y debris storage and sorting facility for materials collected doting tontine maintenance of shorn water control facilities and load maintenance \VIU ItlIAS.road maintenance oars uws generate debris composed of concrete.asphalt,soils,leaves.;Intl lltlll'r related materials,and wl it 1t1;AS,swim wale'Nnillill Iaellithe's iiiu%I to cleaned of sediments to ellslnl'then elII1111w1e1I p/1o)hr lunaunmgt,and WI ltiltliAS,"\'actor"tiuct,s mucks containing a waist nycction out pumping system)ate used to dean stout seater control facilities,;Ind r WIIEREAS,the solid and blood wastes generated by the'Vactur' trucks as a result orJeaning shawl%sale, control Iacdltics 11!1151 Ix'dls4sared 111 pwp1C11y because they may contain contaminants•and WI lERt:AS,both Milton and King('omit).generate"'.'actor"wastes and toad maintenance debris,and WHEREAS.a common area designed to allow decanting of"Vactot"wastes and temporary storage of toad maintenance dcl-is prior Its soiling for disposal or iecycli ig)could Ire beneficial to loth Parties,and WHEREAS,Km):County owns a laclity located in Renton that is used lit wad maintenance activities and can be modified to accommodate the"Vactur"decant and tcotplraty debris storage aria sorting area;and WHEREAS,it is in the best interests of and nnuual advantage to the Parties'on-going wad and storm water control facility maintenance opecnons to jointly cooperate in the construction,operation,and maintenance of a "Vactur"decant and!emporia).debris storage and sorting area:and WI&MEAS.pursuant to the lute:local Cooperation Act(R('W 39.341.the I",rocs are each autharited to enter into alit agicenlent for cooperative action. NOW THEREFORE,King County and Renton hereby agree to the.billowing I. Purpose The purpose of tins agleemem is o;dlow the Patties to share w the costs out responsibilities of construction, operation,and maintenance of a"Vas tot"decor and temporary debris stulage and sorting faclity. The facility nldndes a covered asphalt pad used to soil and dry toad malntcnaaCc waids;uxt ma,:i tat and a"Vactur"waste decant station that is allow"Vactur'trucks to dispose of liquid wastes in an existing saiiitaty sewer system and allow maintenance waste and material to day leliire ilispxull II. Project!Management The finality's construction will be inar,agcd by the Mlaantcuamr Mau,g:et tin Renton,or an alternate employee selected by Renton,and the linvuonment:d Supennsnp;f ounce'fix the king('aunty Roads Mauttni:urce Section, or au:dtctnatc employee selected by King County In the event that a dispute ruses under ibis agreement,it shall be resolved by the Drccwr of the Renton Planning,BurlJoog,and Public Works i)epauunerd and the 1)rcclor of the Km);County i)cp:lrtilling of Public Works Ill. Responsibilities A Renton shall: I. Install and provide a four-inch water main.two water sen•lces(one to the facility and one to the proposed panng lot south of the facility).sprinkle'))stein,installed duce water meter boxes(to the facility.to the proposed parking lot,and to Building"NI"),and two nictets 2 Provide a monthly statement of its usage of the facility's decant station to the King Counts Roads and Logiueeuug Ln'sion,Road Maintenance Section no later than the end of the first week of the following month This monthly statement will sw m:nue duly usage by totaling daily haul slips obtained during the month The daily haul slips will aaount fur the amount,in gallons,of liquid decanted to the facilities decant station tan example daily haul slip is attached as Exhibit I 3. Comply with Metro's Discharge Authuniatiun 0408(see Exhibit:)when decanting"Vaetoi-hgniils.it the decant Station. I 4. Mire the containment vault at the facility when,1"Victor"load is suspected 1Md to contain ling Icsrls of contaminants Penton shall notify the('oi!n1s within`.t hunts I i•••('ranat,:tin Ik'rf„tnl lCstitaf;:roil Jelc;rxmah.rit of disposal rcqu rciiii ts,if requested..,,Penton's expense tltspos:of its own waste and not allot matenat to accumulate beyond the stint ute's capacity ti Abide by the access guidelines contain;d In 1:xhilal 1 li hint;County shall, I Preside the necessary labor,equipment.materials.and contract resources to constrict the"V:Ietor"decant and temporary debris storage and sin ting facility 2. (Mils;the containment vault at the facility-when a"\'actor"lout is suspected lit contain cimlamiaants 1 Test any"‘'actor"Toads that are suspected to contain contaminants and detennrne disposal requirements At Renlott's request and cap cnsc,this shall include t(enton's"\'actor"loads. 4. Abide in the access guidelines contained in h'shihI! S. Arrange for disposal of the Corps's waste materials 6. Perform intermittent contaminant testing of"V,1Clor"waste 7 Comply atilt Mciro's Discharge Ant hot Ovation WJoS(see lishlhu 21 when decanting'•\;actor"liquids at the decant station. S. Prosrde insurance coverage for loss or damage Through no fault of entice panty ') Provide Renton with written notification of any proposed ntajot Maintenance changes where total cost-exceed SIO.Ono 'flat'proposed%yolk unit:;agreed to by both patties nil Whiting IV. Costs The Panes agree in(Ili I.•:!owun;chit i tt.p 01 costs A Renton shall' 1. Pay 2J".of the labor and niatetials costs moored by King Counts and:Ins comiaslurs lured by King('o.utts for construction of the ficnitty. The amount paid by Renton for cnnstniction costs(nt:ucretls and labor)shall runt exceed S42,625 • 2. Pay 24".,of all peteual tiws tevprited by Rcntoti s Ruddin);and Planning Depart tnem to build the facility 1 Pay fot all exists associated with disposal of wastes collected by Kenton Renton shall not pay for dtsp osal costs fur wastes Collected by King County If;tenhp clauses.the Coitus will dispose of(.'it.'s caste and hill dic City actual cost including administrant(wet head and,Meet labor Il King County shall. I Pay 7t,".;,of the labor and uu,aeilids costs tat conslnaettrnn of the facility 'The autount paid by King(lnuuy(or eonstniction costs(materials and labor)shall not exceed S 11"•475. 7. Pay. 7611•o of all permit fees'egmred h)Renton s Mudding and planning Dept to build the facilits t Pay for cost of intermittent contaminant testing of"Valor"solid.. 4 Pay for all cr.c!s:lssocialerl with disposed of solid washes which haw been collected by King County Kim; County shall not pay ltr disposal of vsastes generated by Renton,except as provided per iV is 1 of this agreement V. Milling and Payment The Parties agree to the fallowing stipulations Concerning:billing and pasnneut A. Renton shall: I. Submit a monthly s;alcntcnt to the King County Roads and i ngtneenul!Division.Roads Maintenance Section which holy.sumo;cafes and tabulates the nutribet:if"\'actor'trick loads delivered to the"\actor"aisle drs utr, sac and the date of"Sadot"solid waste tranytere:•c: 2 Pay all msui.:vs brut lsup;County online lit d'iss of hulling I bill Int ;.'.,usage it King Comm shall I fail!Renton monthly fill its share of the tnautenanec of the facthly,insurance cost.::::;!utilities The cost chase shall i.e based of the Cal:u0.11cJ percenl:il:c based ou weg'hted aserige based on use of iL:liquid decant:reai:and 1N:•of the euriuhh sort lit the sau.pde arca submitted by.Renton and accounting nl I!::•dais use tickets •220n squaw feet of Renton stockpile are:Onttu square beet of total%loc.ptle:ova :%"., C. Nothing heteui shall be Corlilrlted as obligating Renton of King County to expend moue,in exerts of appts.prtahons authot tied by law and adnuntstrauseh'allocated for this nor.. Vi. Duration.Termination,and Amendment %` '('tic I'arnes agree to the following. A.This agreement IS CITr:uyc upolt stgnatutc by the i'antct and rant:,,,.,ii elT ct turd I?cecmber s I.2runi and liar he extended t;Y t1Wluist; q.nys'mrm tndrOnitrir to>1rn Rat'iGtit¢uycaq. bl.This agrreatcot may he terminated by sillier Patty Ulna ill days written llnitcc lit taw ascot of terntinauon, payment will he nude for tor.pot farmecl's'tic• y (dire'Of termination III lie IrlUphntleau,l:reeid lot"'the Parties 4. • a t a�eF 6'' • The!bidding shall remain rile property of the Count)and the County strait buy bad the('it's share at current value. C This:agreement may he:uncalled,altered.ci irtfied.t+t cstcudcd only by Ihe'Titien agreement of the Patties hereto An equitable adjustment in cosi or period of performance or both may be made if required by the chaui'e. D.This agreement is not assignable by either Party,in whole nl in pail YIP. Indemnification and Bold Itarndcss The Parties agree to the following Each Party shall protect,defend.indemnify.and save hat tidos the other!':uh•its oft ice's,official.,employees, and agents while acting within the scope of its employment as such,(tom arty:intl all costs,ctaints,judi:nienrs, and/oi awards nittati►:igcs,arts,„on„It!air it,:tiii w;11'rrsit!I:ni!flint Ihr:uokit t fvttt Ri:tv's on it n Tltrrm acts or omissions Etch Ruty;agrees that its obhgattons under ,,ubo,nagraph esi.'nd to;liii claim.demand.and,or cause of action brought by or on behalf of am c:np!mces.or aeeitts For this purpose,each tarty,he inuttt;t! - negott;nion,hereby sauces,molt itspecl to the other Patty on?),ally immunity that would otherwise hl Itauablc agali st such chums mulct the Industrial Insurance pro:biotic of Title Si l2('l' lit rbr.atilt that either r',t:ic rictus any jnde•ment.:maid,;nicl/or cost:uncial:therefrom including idiotncs s'tees to enforce the!urn mans of (tits Artt fe,all such ft•es,c spenscs.and costs shall be raotrt,rhic from the t sponsthie l',iity tti 1!it'e\tetit of that Party's culpabiiay IN 1Vl TNIAS\Vt1ti121'.Oh,the Paine!.hetcto It;o'e etecuted this,iilretntent on the .'' day of �_;C'11 19'lt. Apptoccd;is to Nunn tt j„('uumy: • e 'l � Title �1y;puty Plosccuting Attorney • i tic tan t•orim} licet•nmc Approved as to F rm `._., Return: li, t Inc L(js.. c; .._.-_._._. I.i t I vat'i t a t.+nice lit 'filly Attest: fit-l_l�l,rt�} Marilyn.1.Petersen,City Clerk r, 'i .. F [AA b2,4, • - - -- -_-_--_-- t t ha 12 1 ExIa tE;l r � i 95 --� y 0254 1 ' le }. KING;COUNTY I'11111.1C WORKS ROADS MAIN'I'I.NANC1.SEc'TION IIAUI, SLIP - CONSTRUCTION NVAS'I'I4. ' Date: ______ Truck No. _ ---- . Task: _ Project No. (21 ulyd out on Source __-• _---'__._---..__ . tlt�•;w,ut :> Destination _.___..__._ --- -•---__..._ -_ -fir, ;�,,,,, O'i Y OAILY ;c 111.10011111 I 2 lq-71 ti 7, TOTAI, . ,::: •.it• to_ 13fwih/S1Un11':: __ _._ _-__------- f Ditching(Mixed Vcl'Jtioil) —L - _ �F Woken AsphaltIII -_-, Hillkcn('onitcic - - %fi t Sweepin):s _ '. Vaclul'Soh" ('1' _ l •' .. I— -- \act:t Liquids'Gab; — _. -•,-•- --- ---- ;�'� Mixed-(soil/debris) V a Wet Mud Odic! - _M �t 5cfernitt)s ,__ a r (Failings _ -.^_-_ +i 'k W Mil/ kWh.Initial i p- Driver's Name ____ _..- -- -- I'll 0 l;RI:1 N: ioN('AtiSfl'V 1•I1.I.O% IIIV,i'I PINK it)iIN AIAI)I)(1('IK rev 1116A)1 . _ - - .-- ii .i L 1. • le : Municipality of Metropolitan Seattle Industrial Waste • 130 Niel:yr:an St.,Suite 200 • Svattle,WA 98109 1658 • (20(')riN9 it ............. ........s+.1.1004UNIEMMTIMMIA90".......4.8:11.1ilitia•MICINLVIYMCIARfl,nt wnrim-mtMLITIArzw,or no, . WV Ailiw I . 3 . . ' . January it , 1993 muitv:1) _ 1 `.1.;) mnitttlqn .• i CERTIFIED MAIL ii4 RETURN RECEIPT REQUESTED If-Pf c r.v..!, ...... ...._ f Roderick E. Matsuno Maintenance. Operations Manager mm ,v1;....N _ *"... I. King County Public Works Road Maintenance Dkinion ,-•i King County Administration Building 500 Fourth Avenue .::::!, . • ISeattle, WA 98104-2339 Wa*ficL_Dischargq_Antlipria.tiou !Jim)ql...../1.0i1 (: ;.. •• L. . . . . IDear Mr. Matsuno: 1 The Metro In,,ustrial Waste section has reviewed your application for a waste discharge permit: for a Vacuum Flush Truck Solid and 1 Liquid Decant Facility located at K.ing County Public Works Road 1 Maintenance Division - Renton maintenance facility at: 1b5 Mont oe Avenue NE. , Renton, WA. , and determined that the attach-0 minor discharge authorization is the appropriate document for. this discharge. There .:.s no fee for this authorization. ! ; This authorization permits you to discharge limited amount,1 of wastewater into the Met:rc sewer system in accordance with the i f effluent limitations and other requirements and conditions set 1 forth in the document and the regulations outlined in Metro Reqolution No. 3374 (enclose(i) . The formal requirements .ind lees 1 of a full wastewater permit will not: be required as long ,,!.; you maintain good compliance and do not change the nature and volume , 1 of your. discharge. Changes to, or additions at, the vactor truck disposal site may cause us to reassess this decision and require that you obtain a full 4wastewater discharge permit. If you propose to substantially increase the volume of your discharge or change the . type and quantities of substances discharged, you must submit a 1 new waste dischar9c permit application to !Intro. fltate law ; requires that such application for a permit be made a minimum of I sixty (60) days bofore starting a new discharge . Therefore, to avoid del ays, please time your mihmittal accordingly . t i 1 1 11'ater PoihitiOn 1..111thed ihrithrici:1 • lira,: it'ater ..1 (Itilid Is...... • -Y. i n Roderick E. Matsuno January 8, 1993 Page 2 Metro Industrial Waste staff want to help you stay in compliance with our regulations. If at any time you have questions about this discharge authorization, or other questions about: your discharge, please do not hesitate to call me at: 61)9-3008 Sincerely, • (/-2/-7/ • •2 / - i n Sii't:or l Tndustr. zeal Waste Investigator Environmental Programs JWS:sb Enclosure cc: Doug Knutson, Department of Eco]ogy David Christensen, City of Renton Doug Jiilderi ranrl, Metro n:\st►toRD\tA Kru • • krt. • METRO DISCHARGE AUTHORIZATION FOR SPECIAL/MI.NOR DISCHARGER NUMBER 408 FOR King County Public Work:: 155 Minn:oc Ave. NE Renton, WA 913056 CONTACT: Jon Cassidy PHONE: 296--8100 TYPE: Road Maintenance/Construction SIC: 4952 EPA 1 .0. : WAD 047476882 DISCHARGE TO: Metro *NOTE: This authorization is valid only for the :specific process; and dates shown below: DISCHARGE PROCESS: Liquid Decant Station MAXIMUM VOLUME: 5040 GPD ;> DOCUMENT EFFECTIVE DATE: 1 /8/93 EXPIRATION DATE: 1 /8/98 For information concerning this Muiro Discharge Authorization please contact. ;Jim Si fiord, Industrial Wart:v Investigator at 689-3008. 24--HOUR EMERGENCY NOTIFICATION Renton Tr"!at.mr'nt Plant.: 68 --2404 L:,'PARTMENT OF ECOLOGY: 649--70011 (For Your Use) LOCAIL FIRE DEPARTMENT: 2 4-HR. CORPORATE CONTACTS: • • . • • , • • •; Jniom otiq Jo (rjjI) 1puri J ,)(11 jo lu.-Kmod uoA until oAom oq hurpeod Attu Aou 4uo.).1,d iit r uult4 oaom oq ' Otrol!;A:: owt u ! ,I1 !()6 AM) .W) mo.4t31ct; oul olu ! 06./1Ipow JO 4!! !'od oql le , Aolom uott;oldxo up uo onpu.;o:)ont: 0m4 iti!qu own ou jv • EZ • Pii: na..) uf :; tow ou4 hu ! ::11 opeahrluoo 1:ao.16ip 09 L;oo.dAw. OV1 uP114 !;!;o1 40 lu !odtvnlj dn.. po:;o13 P 44r4t tAxteoA.41:o4::um 'ol po4 !m! I, 1,)“ fltj '6ufpnwur st:IpoM 4ucouluoal ao . ..blot UT pau%uq uoi .:0[dxo AO 0:41t t;..r4eoA;) 4vtil mo 01. ut pou ( 1.4) glurinitod Attu oftiella:qp New; uo::Aad on 1; ler. e1.1 on ! I;OLdxx .Zt) wA Jo (od-uou to ( ihm 001 -1" ("OA Puu t4ro ';;11, 1 ( t/bm) Aolf ( Aod 00( ju t.:1; JX0 UT L.I !. 11100 4O114 1;04ol?m 40u itutv; Aoim tufa4lluvul. G.1 will 3 G9 Jo :;:;o:lxo ur alnqr.todmo.4 e ql-rm te ! Aoqem ;413.telpurp 4ou Hew.; .4,z)un Ev! Alqnpu! our, jAu.0%lodwoj, •::'4AOM luom4voal puu 'wolAt; uo! i ( [4.)J oq4 'Alojus A )lJom -4:-.3030ad ol suoT4(puo..) TuiJodt; 0.1 4:)octint; puu 4Ituaod At po.,4aotilnu ::!;011un pa4im1(0ad ‘)Al! 0 - el 0 upti4 lo ltib! oM AI WPM lq t1utt4 0-1012 04 4U.i t'AF"b° "°1:4-11.°U OITAIV.) Jo AI!( tot_( tat'.)' tu ) uP4 A 0 zum Jo .Johjutig - -(71 lid t:o6Aut4m:w Jolumntall- t :::;000Ad Aoddn •q • q UP144 o) !:0111UIM 1; f: JO WW.10 ,0A icl!P 11.0(M AO G •G uutli AolPoth AO :;olnu !m jo uJ:te..) ..:;JIdute3 oAr4uJotmo.) Anoj 4e jo 04(IMUO Ulft:OdM00 11 11014M JO (..) • (; ud uutill .;t:ot bumAo.)oa Inmouu4uuluul. Auu Jo oldwut.; Auu Aonouotim poluTo!A t.; ( 4f.tuTE aomoT ut(j, q •q lid obuJuAv u •q wnwp4w 4flafq aumol bojuu4t;44tis'-uxTiii-Jaa00 SHOUVJAWL1 HtRIVIKX;10 qVaANAO z amid flop liauwnti Noilvzinoluov a!MVIIDSIU 011.144W • ..*• , __------ , / ""N , . .. • ' METRO DISCHARGE AUTHORIZATION • NUMBER 408 PAGE 2 GFNERAL_DISCHARGF LIMITATIONS Corrosive Substances Lower Limit Minimum pH 5.0 • Average pH 5.5 • ', The lower pH limit is violated whenever any single sample or 'NV any instantaneous recording is less than pH 5.0 or when a composite sample consisting, of at least four consecutive • samples taken at intervals of 15 minutes or greater is less than 5. 5 or when any recording of 15 minutes or more averages less than 5. 5. Uppez Limit Process rinsewater discharges pH 12 .0 Discharges of more than 50 gallons per day of caustic solutions equivalent to more than 5% NaOH by weight or greater than pH 12.0 are prohibited unless authorized by permit and subject to special conditions to protect worker safety, the collection system, and treatment works. High Temperature The industrial user shall not discharge material with a temperature in excess of 65 C (150 F) . Fats. Oils and Greases The industrial user shall not discharge wastes that contain in excess of 100 milligrams per liter (mg/1) of polar fats, oils and greases (FOG) or 100 mg/1 of non-polar FOG. Flammable or Explosive_)Merl als, No person shall discharge any pollutant, as defined in 40 CFR 401. 11, that creates a fire or explosion hazard in any sewer or treatment works, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21 , At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) , be more than five percent (5%) nor any single reading be more than ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. • . • 'i • • • METRO DISCHARGE AUTHORIZATION NUMBER 408 PAGE 3 Pollutants subject to this prohibition include, but are not limited to, gasoline, kerosene, naphta, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, • chlorates, perchlorates, bromates, carbides, hydrides, and sulfides, and any other substances that Metro, a fire department, the State, or EPA have notified the user are a fire hazard or a hazard to. the system. Settleable SoZi.ds Settleable solids 7 . 0 ml/L Organic Com ounds No person shall discharge any organic pollutants that result in the presence of toxic gases, vapors, or fumes within a public or private sewer or treatment works in a quantity that may cause acute worker health and safety problems. Organic pollutants subject to this restriction include, but are not limited to: Any organic compound listed in 40 CFR Section 433. 11 (e) (Total Toxic Organics (TTO) definition) . Acetone, 2-butanone (MEK) , 4--methyl-2.-pentanone (MTL3K) , xylenes. Atmospheric hydrogen sulfide 10.0 ppm (As measured at a monitoring manhole designated by Metro) Soluble sulfide limits may be established on a case-by-case basis depending upon volume of discharge and conditions in the receiving sewer, including oxygen content and existing sulfide concentrations. Restricted Subst ancecg The Industrial User shall not discharge wastes which exceed the following limitations: Instantaneous Maximum (mg/L) Arsenic 4 .0 Mercury 0. 2 'Cadmium 0. 6 Nickel F . 0 Chromium 5. 0 Silver 3 . 0 Copper 8.0 Zinc 10 . 0 Lead 4 . 0 Cyanide 3 . 0 • Daily Average (mg/I..) Arsenic 1. 0 Mercury 0. 1 Cadmium 0. 5 Nickel 2. 5 Chromium 2.75 Silver 1.0 • Copper 3.0 Zinc 5.0 . Lead 2 . 0 Cyanide 2 . 0 METRO DISCHARGE AUTHORIZATION ' NUMBER 408 PAGE 4 1 . The instantaneous maximum is violated whenever the concentration of any sample including a grab within a series used to calculate daily average concentrations, exceeds the limitation. GENERAL CONDITIONS 1. All requirements and ordinances of Metro Resolution No. 3374 pertaining to the discharge of wastes into the municipal sewer system are hereby made a condition of this Discharge Authorization. 2 . Any facility changes which will result in a change in the • character or volume of the pollutants discharged to the municipal sewer system must be reported to your Metro representative. Any facility changes that will cause the violation of the effluent limitations specified herein will not be allowed. 3. In the event the industrial user is unable to comply with any of the conditions of this Discharge Authorization because of a breakdown of equipment or facilities, an accident caused by human error, negligence, or any other cause, such as an act of nature, the company shall: (a) take immediate action to stop, contain and clean up the unauthorized discharges and correct the problem. (b) immediately notify the Municipality of Metropolitan Seattle so steps can be taken to prevent damage to the sewerage system. (c) submit a written report describing the breakdown, the actual quantity and quality of resulting waste discharged, corrective action taken, and the steps taken to prevent a recurrence. Compliance with these requirements does not relieve the industrial user from responsibility to maintain continuous compliance with the conditions of the Discharge Authorization or the resulting liability for failure to comply. 4 . The industrial user shall, at all reasonable times, sllow authorized representatives of the Municipality of Metropolitan Seattle to enter that portion of the premises where an effluent source or disposal system is located or in which any records are required to be kept under the terms and conditions of this Discharge Authorization. 5. Nothing in the Discharge Authorization shall be construed as excusing the industrial user from compliance with any • applicable federal, state, or local statutes, ordinances, or regulations. METRO DISCHARGE AUTHORIZATION NUMBER 408 PAGE 5 tut� authority6. This Discharge Authorization does notcc:onstti such for discharge into waters of the y , e is subject to regulation and enforcement action dir,,charg by the Department of Ecolo'Y All requirements and ordinances of the Environmentalnq to 7 . Agency and Department of Ecology pertaining and Protection and st disposal facilities, � are hazardous toxic wastes, al sewer system, discharge of wastes into the municipal sewer hereby made a condition of this Discharge THE SPECIAL, CONDITION`' FOR THIS DISCHARGE AUTHORIZATION ARE ON .:' .TH ; WING PAGE. FS:: THIS DISCHARGE EAM/ETORIZA`f ON TO BE VALID,L: FOLLOWING THESE ,, SPECIAL CONDITIONS MUST Y 1 �__. Investigator: �...y _ Date: J�= -= 'a-__ -- - - j NUMBER 408 PAGE 6 •r - SPECIAL CONDITIONS • 1. King County Public Works shall routinely inspect and maintain the vactor truck disposal site in good operating condition. 2 . King County Public Works: shall maintain a record of all discharges to the vactor station. This record shall include the date, time, estimated volume of discharge and identification of the discharger. This record shall be available to Metro upon Metro's request. 3 . Discharge by private contractors shall be made only under the supervision of a representative from King County Public Works during normal working hours. 4 . Discharges to the vactor station shalll be only from vehicles engaged in the cleaning of storm drain systems . OPERATING PROCEDURES 1. There shall be no pronounced odor of solvent or gasoline. 2 . There shall be no pronounced oil sheen or unusual color. 3 . There shall be no pronounced hydrogen sulfide (rotten egg) odor. 4 . There shall be no visibly pronounced turbidity, the discharge must remain translucent. 5 . The discharge of sticks, rocks, sand, concrete, -asphalt, soils or solids is prohibited. Metro will expect operators on site to pay close attention to these operating criteria whenever discharge to the sanitary sewer is occurring. If any of the operating criteria are exceeded, you nest stop discharging and notify the Metro Industrial Waste Section at 689-3000. METRO DISCHARGE AUTHORIZATION NUMBER 408 PAGE 7 COMPLIANCE SCHEDULE DUE 90 DAYS I . In order to reduce the amount of stormwater runoff tributary to the sanitary sewer from the storage and sorting pad, Metro will require that King County Public Works include the construction of a roof over the storage and sorting area. Please submit a proposed • timeline for the construction of this roof within 90 days from the effective date of this authorization. 2 . Until such time as a roof can be constructed over the storage and sorting area, King County Public Works shall provide a temporary cover for the stored materials. Please include in your proposal what measures you will take to satisfy this requirement. 3 . King County Public Works shall be required to restrict the discharge rate to the sanitary sewer to 3 1/2 gpm as established by the City of Renton. If a detention facility is necessary to meet this discharge rate requirement, the construction of such a facility must comply with all aquifer protection codes set forth by the City of Renton. Please include in your proposal any plans for a flow control detention facility. Q: \SIFFORD\SKCPWR.DOC Enclosed Is Resolut n No. 6093 which emends Sections 1, 3 and 10 of Resolution No. 3374. RESOLUTION NO. 3374 Amended by Resolution No. 5806 and Resolution 1 o. 5696 A RESOLUTION of the Council of the Municipality of Metropolitan Seattle establishing rules and regulations for the disposal of industrial waste into the Metropolitan Sewerage System, adopting permit requirements therefore, and superseding Resolution No. 2310. WHEREAS, in order to protect the waters within and adjacent to the metropolitan area from pollution and to secure the health, safety and welfare of the residents of the Seattle-King County metropolitan area, a Metropolitan Sewerage System is being developed and operated by the Municipality of Metropolitan • Seattle for the treatment and disposal of wastewater; and WHEREAS, the discharge of industrial and other wastes into the Metropolitan Sewerage System, and the cumulative impacts of any such discharge, will have an adverse impact on water quality, endanger the public health, safety and welfare and present a hazard to the functioning of Metropolitan Sewerage System facilities; and WHEREAS, The Washington State Department of Ecology and the United States Environmental Protection Agency require that industrial waste discharges to Metropolitan Sewerage System facilities he regulated; and WHEREAS, the Congress has enacted the Water Pollution Control Act'., as amended by PL 92--500 (Water Pollution Control. Act. Amendments of '1.972) and PI, 95-217 (Clean Water Act of 1977) , which provides for grants for. con,truction of treatment works and establishes the goals and requirements for levels of treatment by municipal and industrial discharges; and WHEREAS, said PL 92-500 as amended by PL 95-217 establishes a National Pollutant Discharge Elimination System under which the Municipality must obtain a permit for discharges from its Metropolitan Sewerage System and comply ,with permit conditions which may include effluent treatment and limitation requirements, standards of performance requirements, pretreatment requirements and other requirements, and WHEREAS, the State of Washington has granted to the Municipality the authority to issue permits for the discharge of industrial and other wastes into the Metropolitan Sewerage System, in accordance with federal law and regulations and RCW 90. 48 . 165; and • WHEREAS, in order to carry out its authorized function of Metropolitan water pollution abatement pursuant to RCW 35. 58 . 200 and to comply with federal and state laws and regulations, it is necessary and in the best interests of the residents of the metropolitan area and users of the Metropolitan Sewerage System that the Municipality adopt rules and regulations as set forth in this resolution. NOW, THEREFORE, DE IT RESOLVED by the Council of tha Municipality of Metropolitan Seattle as follows: SECTION 1 . DEFINITIONS 1-01. Definition of Terms Commonly Used The following terms, words and phrases when used in this resolution shall have the meanings hereinafter set forth in this section, whether appearing in capital or lower case form. If not defined below, the words and phrases of this resolution shall have their common and ordinary meanings to the degree consistent with the technical subjects herein. 1-01 . 0.1 . Metro or Municipality The words "Metro" or "Municipality" ' shall mean the Municipality of Metropolitan Seattle, a metropolitan municipal corporation of the State of Washington, acting through the Metropolitan Council or any board, committee, body, official or person to whom the Council shall have lawfully delegated the power to act for or on behalf of the Municipality. Unless a particulro Loard, committee, body, official or per. .1 is specifically designated in these rules and regulations, wherever action by Metro is explicitly required or implied heroin, it shall be understood to mean action by the Executive Director of Metro or his or her duly authorized representative or agent. 1-01 . 02 . Executive Director. The words "Executive Director" shall mean the Executive Director of the Municipality of Metropolitan Seattle or his or her duly authorized representative or, agent. 1-01 . 03 . Metropolitan- Area The words "metropolitan area" shall mean the area contained within the boundaries of the Municipality of Metropolitan Seattle as now or hereafter constituted by state law. 1-01 . 04 . Industrial Waste The words "industrial waste" shall mean any liquid, solid or gaseous substance, or combination thereof, resulting from any process of industry, manufacturing, commercial food processing, 2 -J business, agriculture, trade or research, including but not limited to the development, recovering or processing of natural resources and leachate from landfills or other disposal sites. 1-01. 05. Waste Discharge . The words "waste discharge" or "discharge" shall mean the act of discharging or depositing wastes, ether than sanitary waste water, into a public sewer, private sewer cr side sewer tributary to the Metropolitan Sewerage System. 1-01. . 06 , Waste Discharge Permit The words "waste discharge permit" or "permit" . shall mean a permit issued pursuant to Section 6 of this resolution for the discharge of waste into a public sewer. , private sewer or side sewer t rAbmut ary to the Metropolitan Sewerage System. l;och permits may be granted for a specified period of time up to five (5) years. 1--01 . 0/ . Permit Holder, The words "permit holder" shall mean any person to whom Metro shall have issued a waste discharge permit. • 1-01 . 08 . Sewer The word "sewer" shall mean a conduit designed or used to transport waste water and to which storm water, surface and ground wrters are not intentionally admitted. 1-01 . 09 . Combined Sewer The words "combined sewer." or "combined sewer system" shall mean a conduit or system of conduits in which both waste water and storm water are transported. 1-u1 . 10 . Public Sewer ' r' The words "public sewer" shall mean a sewer or combined sewer, exclusive of side sewers, owned or operated, or to be owned or operated, by the Municipality or a local public agency. 1.01 . 11 . Private Sewer . The words "private sewer" shall mean a sewer, or combined sewer, exclusive of side sewers , which is not owned or operated by the Municipality or a local public agency. 1-01 . 12 . Side Sewer The words "side sewer" shall mean a conduit extending from the plumbing system of a building or buildings to and connecting with a public: or a private sewer. 3 1-01 . 13 . standards The word "standards" shall mean limitations and requirements established by federal and state laws and regulations for discharges to the Metropolitan Sewerage System. 1-01. 14 . Parson The word "person" shall mean any individual, company, enterprise, partnership, corporation, association, society, or group, and the singular term shall include the plural . 1-01 . 1'_ . Biochemical Oxygen Demand (DOD) The words "biochemical oxygen demand" or abbreviation thereof, as "DOD" , shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter (as described in the American Public Health Association Publication, Standard Methods For The Examination of Water and Wastewaters, current edition, or Guidelines Establishing Test Procedures For The Analysis of Pollutants, contained in 40 CFR Part 136) in five days at temperature of 20 degrees centigrade, expressed in milligrams per liter. 1-01 . 16 . Suspended Solids The words "suspended solids" shall mean total suspended matter that either floats on the surface of, or is in suspension in, water or wastewater and that is removable by laboratory filtering as described in Standard Methods For The Examination of Water and Wastewaters, current edition, or Guidelines Establishing Test Procedures For The Analysis of Pollutants, contained in 40 CFR Part 136, as published in the Federal Register, and referred to as nonfilterable residue. 1-01 . 17 . phi The word "pH" shall mean the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in moles per liter of solution. Neutral water, for example, has a pH of 7 and a hydrogen ion concentration of 10 (-7) . 1-01 . 18 , Prohibited Substance The words "prohibited substance" shall mean any liquid, solid, or vapor which shall not be discharged into the Metropolitan Sewerage System or sewers tributary thereto at any time or under any condition. 1-01 . 19 . Restricted Substance or Characteristic The words "restricted substance or characteristic" 4 shall mean any industrial waste which may be discharged into -the Metropolitan Sewerage System or sewers tributary thereto in the manner prescribed in this resolution or as prescribed by the Executive Director. 1-01 . 20 . . Compatible Pollutant The words "compatible pollutants" shall mean biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants ieentifie3 .in an NPDES permit if the publicly owned treatment works is designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. The term "substantial degree" is not subject to precise definition, but generally contemplates removals in the order of 80 percent cr greater. Examples of the additional pollutants which may be considered compatible include: Chemical oxygen demand, Total organic carbon, Phosphorus and phosphorus compounds, Nitrogen and nitrogen compounds, Fats, oils and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation cf the -publicly owned treatment works) . 1-01 . 21 . Incompatible Pollutant The words "incompatible pollutant" shall mean any pollutant which is not a compatible pollutant as defined in 1-01. 20. 1-01 . 22 . ' Shall and May The word "shall" is mandatory. The word "may" is permissive. • 1-01 . 23 . Metropolitan Water Pollution Abatement Advisory Committee The words "Metropolitan Water Pollution Abatement. Advisory Committee" shall mean the citizen • advisory committee of the Municipality of Metropolitan Seattle ae now or hereafter • constituted pursuant to RCW 35 . 58 . 210. 1-01 . 24 . Industrial Cost Recovery The words "industrial cost recovery" shall be the recovery from the users of a treatment works, as defined by federal law and regulations, of the federal grant amount allocable to the treatment of wastes from such users. 1-01 . 25. Industrial User The words "industrial user" for the purposes of industrial cost recovery shall mean any 5 nongovernmental user of publicly owned treatment works as defined by federal regulations, identified in the Standard Industrial Classification Manual, latest edition, federal Office of Management and Budget, as amended, and supplemented under such categories and such other . classes of significant waste producers as are established by regulations of the federal Environmental Protection Agency for the purposes of industrial cost recovery. ,,.- -'"" 1--01 . 26. significant. Industr l /case The words "sign.-fP n : ndustrial user" shall mean an indu.;tri \ aft e. at-corttributc�; greater than five pe e o ,' , �( ).. i the design flow or design pollutaid. ' 4oading of a particular treatment works as defi4ed"by federal regulations or greater than • 2 ,. 00.0. gallons per day or discharges wastes 5, • containing toxic pollutants. 1-01. 27 . Industrial Cost Recovery Period The words "industrial cost recovery period" shall mean the period during which the federal grant amount allocable to the treatment of waste from industrial users is recovered from the industrial. users of a treatment: works as defined by federal law and regulations. Unless otherwise required by . federal law or regulations, this period shall be thirty (30) years or the useful life of the • treatment works, whichever is less. • 1-01.20 . Pretreatment • The word "pretreatment" shall mean the private treatment of wastewaters from sources before introduction into the Metropolitan Sewerage System and public sewer.s tributary thereto. 1-01. 29 . Metropolitan Sewer system The words "Metropol i-t:an Sewer System, " "Metropolitan Sewerage System" or "Metro system" shall mean all or part of the sewerage facilities acquired, constructed, or used by the Municipality of Metropolitan Seattle. 1 --01 . 30. Local Public-Agency The words "local public agency" shall mean any legally constituted 'city, town, county, special district or other public agency under whose jurisdiction local sewerage facilities may be constructed or operated. 1-01 . 31 . Discharge to metropolitan Sewerage system The words "discharge to Metropolitan Sewerage System" shall mean any discharge which enters a private side sewer and/or public sewer which is a 6 tributary to the Metro system and said discharge shall be considered a discharge to said system whether or not specifically identifiable in effluent reaching the Municipality's facilities. 1-01. 32 . Treatment Works The words 17treatment works" shall mean any facility, method or system acquired, construct d or used by the Municipality for the storage, treatment, recycling, or reclamation of sewage or industrial wastes of a liquid nature, including waste from combined sewers. 1-01 . 33 . Definition of Additional Terms The words and terms of expressions peculiar to the art or science of sewerage not hereinabove defined shall have the respective meanings given in GLOSSARY, WATER AND WASTEWATER CONTROL ENGINEERING, published in 1969 , prepared by a :Joint Committee representing The American Public Health Association, American Society of Civil Engineers, American Water Works Association, and the Water Pollution Control Federation or in applicable state or federal regulations. In the event of any conflict, the definitions prescribed by applicable federal regulations shall be controlling. SECTION 2 . DECLARATION OF POLICY It is hereby declared to be the policy of the Municipality of Metropolitan Seattle that sewerage facilities provided by the Municipality shall be adequate for the transportation, treatment and disposal of industrial and other wastes; that discharge of any prohibited substance into the Metropolitan Sewerage System, and the cumulative impacts of any such discharge by an industrial user or combination of industrial users, will have an adverse impact on water quality, endanger the public health, safety, and welfare and impair the functioning of the Metropolitan Sewerage System facilities even though such discharge cannot be traced to a particular industrial user and even though such discharge cannot be specifically identified in effluent reaching the Municipality's facilities,-- -that industrial growth in the Metropolitan area shall be served by the Metropolitan Sewerage System consistent with the public interest; and that industrial waste shall be accepted into the Metropolitan Sewerage System subject to regulations and requirements as may be promulgated by state and federal regulatory agencies or the Municipality for the protection of sewerage facilities and treatment processes, public health and safety, receiving water quality and avoidance of nuisance. As a minimum, industrial users of Metropolitan Sewerage System facilities shall comply with the applicable pretreatment standards developed pursuant to Sections 307 (b) and 7 ;• • i e 307 (c) of the. Federal Water Pollution Control Act as amended by the Clean Water Act of 1977 . This includes the pretreatment standards for existing and new discharges which arc defined in regulations promulgated pursuant to these sections of said Act. Industrial waste discharge permit conditions shall be predicated on federal and state regulations and requirements and on the results of analysis of the type, concentration, quantity and frequency of discharge including the geographical relationship of the point of discharge to sewerage and treatment facilities. These permit conditions shall be reevaluated upon expiration of the permit and may be revised from time to time as required by Metro, state or federal regulations and requirements or to meet any emergency. Waste discharge permits may include, but shall not be limited to, conditions pertaining to housekeeping practices, inventory storage, manufacturing methods, etc. that are intended to protect the waters of the state and the metropolitan area. SECTION 3 . PROHIBITED SUBSTANCES 3-01 . Prohibited Substances No person shall discharge any of the following prohibited substances directly or indirectly into any public sewer, private sewer or side sewer tributary to the Metropolitan Sewerage System: 3-01. . 01. Flammable or Explosive Materials Flammable liquids, solids or gases capable of causing or contrih•'ting to explosion or supporting combustion in any sewerage facilities including, fi . but not limited to, the following: fuel oil, waste crankcase oil, and acetylene generation sludge. 3-01 . 02 . Substances Which Can Cause Obstruction or Interference Any solid or viscous substances in quantities, either by itself or in combination with other wastes, which are capable of obstruction of flow or of interfering with the operation or performance of sewer works or treatment facilities, --including, but not limited to, the following: ashes, cinders, sand, mud, straw, grass clippings, shavings, metal , glass, tar asphalt, plastics, cloth, wood, chemical residues, brewing or distilling slops, spent grain or hops, whole blood, meat trimmings and wastes, animal paunch contents, hide, hair, offal, fish or fowl heads or parts, entrails, lard, tallow, baking dough, cannery waste bulk solids, plastic or paper utensils, plastic or paper containers either whole or ground. • 3-01 . 03 . Odorous Substances Any noxious or malodorous gas or substance which either by itself or by interaction with other wastes, is capable of creating a public nuisance • or hazard to life or of preventing entry by • authorized personnel to pump stations and other sewerage facilities. 3-01.04 . Toxic Vapor Any gas or substance which either by itself or by interaction with other wastes can produce a toxic • vapor. These substances include, but are not limited to, chlorinated hydrocarbons, hydrogen sulfide, sulfur dioxide and cyanide compounds. • 3-01 .05. Corrosive Substanc }.' Any gas or substa eO. w il'1z'�they tsel or by interact o h t�h.dw�ste may cause corrosive � � stru u�� ego sewer works or treatment faci -ta.0s t in no case waster. with a pH lower than . . 3-01 . 06. Excessive Waste Wastes at a flow rate and/or pollutant discharge rate which are excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency. 3-01. 07 . High Temperature Heat in amounts which will inhibit biological 1 activity in treatment plant facilities resulting in an interference in the treatment process and j ' specifically including heat in such quantities that the temperature of the treatment works 1 influent exceeds 40 C (104 F) or the temperature exceeds 65 C (15C F) at the point of discharge i from the industrial source to public sewers and/or the Metropolitan Sewerage System. • SECTION 4 . RESTRICTED SUBSTANCES 4-01. Restricted Substances . 1 No person shall discharge wastes containing restricted substances directly or indirectly into any public I sewer, private sewer, or side sewer tributary to the 1 Metropolitan Sewerage System, in excess of limitations specified by conditions of the waste discharge permit • or published by the Executive Director or in excess of • other Metro, state or federal standards. Permit • limitations shall be established to the extent necessary to enable the Municipality to comply with i current National Pollutant Discharge Elimination System i 9 requirements as promulgated by the Environmental Protection Agency or the Washington State Department of Ecology, and to the extent necessary for compliance by Metro and by industrial dischargers with any applicable federal and state regulations and with requirements for the protection of sewerage facilities and treatment processes, public health and safety and the receiving waters and when determined by Metro to be necessary for the protection of water quality and avoidance of nuisance in the metropolitan area. The Executive Director shall publish and revise from time to time standards which as a minimum establish the following +; restrictedparameters: H ' temperature, fats, oils and �_ p r FA greases of animal or vegetable origin, fats, oils and greases of mineral origin, and other toxic substances including those defined in applicable state and federal regulations. These published standards shall, by this reference, be made a part of this resolution. Discharge limits or standards in effect and incorporated into any issued waste discharge permit shall remain in effect for that permit until it expires, except as modified as provided in Section 6-05. 4-01.01. Food Waste Food waste discharged into any sewer shall have been properly shredded so that 1001 will pass a 3/8 inch sieve and 75% wily past a 1/4 inch sieve. Persons engaged in the retail sale of raw produce shall be limited to one grinder having a prime mover not exceeding 5 hp for the pro asing of raw produce waste. 4-01 . 02 . ' Radioactive Substances. Any radioactive wastes or isotopes discharged to any sewer shall not exceed such concentration limitations as established by applicable State of Washington Department of Social & Health Services regulations. 4-01 . 03 . Septic Tank Waste Any material from a cesspool, privy, septic tank or other on-site disposal system shall not be discharged into a sewer except at points in the MetropolitareaSeweragc System designated for such discharge by the Executive Director. 4-01 . 04 . High Strength Wastes Any waters or wastes containing higher than ordinary concentrations or quantities of • compatible pollutants, including but not limited to, biochemical oxygen demanding pollutants, suspended solids, pH and fecal material, may be required to discharge at a specific release rate or at a specified strength if, in the opinion of 10 the Executive Director, the release of such waste in an uncontrolled manner could adversely affect proper handling and treatment in the Metropolitan Sewee:age System. SECTION 5 . NOTICE OF DISCICARGES 5-01 . Notification of Discharge • Any person becoming aware of the discharge or prohibited or restricted substances directly or indirectly into a public sewer, private sewer, or. aide sewer tributary to the Metropolitan Sewerage System shall report such discharge immediately by telephone to the Water Quality Division or to one of the treatment plants of Metro. Prompt notification to Metro of such discharges will allow Metro to take necessary precautions to minimize hazards and to prevent damage to the receiving waters, thereby avoiding or minimizing discharge violations and fines from state and federal regulatory agencies and Metro. Failure by any person aware of such discharge of prohibited or restricted substances to report such discharge in the manner provided above shall constitute a violation (as that term is defined in Section 11 hereof) , and subject said person to the penalties set forth in Section 13 of this resolution. Each failure to report a discharge shall be considered a separate violation. Discharges of prohibited or restricted substances directly or indirectly into navigable waters, or into streams, ditches or sewers tributary to navigable waters, shall be reported to the U.S. Coast Guard or to the regional office of the State Department of Ecology, in accordance with federal law PL 92-500, Section 311. 1 ' 5-02 . Notice to Employees In order that employees of persons involved in discharge to sewers be informed of Metro requirements, said persons shall make available to their employee: ; copies of this resolution together with such other wastewater information and notices which m ,y he • furnished by Metro. from time to time and t i_rc;et••ed toward more effective water pollution control . A notice shall be furnished and permanently poi;te6 highly visible places such as bulletin boards and lunchrooms advising employees whom to call in case of a discharge violation of this resolution. 5-03 . Preventative Measures Any direct or indirect connection or entry point which could allow prohibited or restricted substance to enter the industrial user's plumbing or drainage system shall. 11 • be eliminated. Where such action is impractical or unreasonable the industrial user shall appropriately label such entry points to warn against discharge of such wastes in violation of this resolution. • SECTION 6 . WASTE DISCHARGE PERMIT 6-01 . Requirement Each person discharging or proposing to discharge industrial waste into a public sewer, private sewer, or side sewer tributary to the Metropolitan Sewerage 't. . System shall secure a waste discharge permit from Meti:, unless otherwise provided in this section. 6-01 . 01. Existing Discharges If the Executive Diretor determines that an industrial waste discharge presents a substantial risk of discharge, of prohibited substances, or of discharges subject to Metro, federal or state pretreatment requirements or permit regulations, or of discharges which can cause harmful effect to sewage facilities and treatment processes , the public health and safety or receiving waters, he may require by written notice that a permit be secured. Upon receipt of such notice, the person so notified shall apply for a waste discharge permit within thirty (30) days. Extensions of time for submittal of an application may be granted by the Executive Director, not to exceed a total of sixty (60) days. 6-01 . 02 . ' Change in Existing Discharge At,y person proposing to make a change in an existing industrial waste discharge which -:rill substantially change the volume of flow or the characteristics of the waste or establish a new point of discharge, shall secure a new waste discharge permit before making such change. Application to Metro must be made for such new permit thirty (30) days prior to the change in discharge. Extensions of time for submittal of an application may be granted by the Executive Director, not 'to exceed sixty (60) days. 6-01. 03 . New Discharges Any person proposing to discharge industrial waste but not holding a valid waste discharge permit shall apply to secure a waste discharge permit. Application to Metro must be made for such permit sixty (60) days prior to beginning ."f discharge . 6-01 . 04 . Minor Discharges Except when the Executive Director shall deteru ..ne 5 ') that there is a continuing noncompliance with this resolution, a waste discharge permit will not be required for persons who in the opinion of the Executive Director are not subject to any Metro, federal or state pretreatment or other requirements because of the sporadic or limited ' nature of the discharge. Upon written notice from Metro that noncompliance exists the person so notified shall take immediate corrective action as approved by the Executive Director or shall apply for a waste discharge permit within thirty (30) days. Extensions of time for submittal of an application may be granted by the Executive Director, not to exceed a total of sixty (GO) days. 6-02 . Application for Permit Application for waste discharge permits shall be made to the Executive Director in writing on forms provided by Metro and shall include such data, information and drawings as may be identified by Metro. 6-03 . Processing of Application Applications for waste discharge permits will be processed in the following ;Wanner: 6-03 . 01. Public Notice Upon receipt of a proper application for permit, Metro shall instruct the applicant at its expense to publish notices thereof by such reasonable means and within such reasonable time as the Executive Director shall. prescribe . Metro shall require that the-notice so prescribed shall be ' published twice in a newspaper of general circulation within King County and in a local newspaper serving the area where the industry is located and in such other appropriate information media as the Executive Director may direct. Said notice shall include a statement that any person desiring to present his views with regard to said application may do so in writing to the Executive Director, provided said person submits his views or notifies the Executive Director of his interest within thirty (30) days of the last date of publication of the notice. Such notification or • submission of views to the Executive Director shall entitle said person to a copy of the action taken on the application. Upon receipt of an application, the Executive Director shall send notice of pertinent information to the directors of the state departments of fisheries, game, ecology -ind social and health services. 6-03 . 02 . Coordination with Local. Public ;agency Upon receipt of an application, Metro will 13 • • • plant or process changes, no permit holder may • discharge industrial waste therefrom into a public sewer, private sewer or side sewer tributary to the Metropolitan Sewerage System until inspection shall have been made by Metro for comp. iaace with conditions of the permit and with this resolution. • Modification of Permit Discharge conditions published in a waste discharge • permit shall remain in effect for that permit until it expires, except that they may be revised from time to time as required by state or federal regulations and ?- requirements or to meet any emergency. Revocation of 'permit A permit shall be subject to revocation upon thirty • (30) days' notice in writing if the Executive Director finds: . ( 1) That it was procured by misrepresentation of any material fact or by lack of full disclosure in the application; o2; (2) That a material change in the volume of flow or characteristics of waste was effected without notice to Metro and application to Metro for a new permit was not made and a permit issued as required by subsection 6-01. 02 ; or (3) That there has been a violation of the limitations or conditions of the permit and the permit holder. refus _s to take corrective action or that a violation has continued after notice thereof. • • At the time that a permit is revoked, the Executive Director may thereafter require disposal of the waste in some manner other than into a public sewer, private • sewer or side sewer tributary to the Metropolitan :. Sewerage System at the expen:e of the person whose permit is revoked. The appropriate local agency and the Department of Ecology will be notified in writing of the revocation of such permit. Suspension of Permit A permit may be 1.:.e poraril.y suspended and further discharges halted by the Executive Director if he determines that waste discharges are in violation of waste discharge permit limitations or conditions or Metro, state, or federal standards and pose an immediate risk to public health and safety cr to damage, obstruction or interference with treatment facilities. Such suspension shall be effective immediately upon written notice delivered to the permit holder's business premises or posting at the point of discharge. 15 • • • SECTION 7 . RESPONSIDILITTES OF PERMIT HOLDER 7-01. Control of Discharge It shall be the responsibility of every person to control the discharge of industrial waste into a public sewer, p.ivate sewer or side sewer tributary to the Metropolitan Sewerage System in compliance with this resolution and the requirements of a waste discharge permit issued under the provisions of this resolution. 7-02. Pretreatment Facilities Whenever pretreatment facilities are required pursuant to this resolution, they shall be constructed, installed, operated and maintained at the expense of .,�j•r the permit holder and in a manner prescribed by the Executive Director. The permit holder shall maintain records indicating routine 'maintenance check dates, cleaning and waste removal dates and means of disposal of accumulated wastes. Such records shall be retained for a minimum of three (3) years and shall be subject to review in accordance with Section 8 of this resolution. Approval of proposed facilities or equipment by the Executive Director will not in any way guarantee that these facilities or equipment will function in the manner described by their constructor, or manufacturer, nor, shall it relieve a person of the responsibility of enlarging or otherwise modifying or replacing such facilities to accomplish the intended purpose and to meet the applicable standards, • limitations and conditions of a waste discharge permit. 7-03. Waste Analysis And Reporting Requirements Permit holders will not be required to submit samples of industrial waste discharges to Metro or to perform tests and report the test results to Metro on a routine • and continuing basis, except for the following: 1) If required by the terms and provisions of 40 CFR 403.12, as now or hereafter amended; or 2) If requested by state or local public agencies; or 3) If deemed necessary by the Executive Director for the proper treatment, analysis or control of waste discharges. All such tests and reports shall be at the cost-of the permit holder. Metro shall have the right to implement and enforce the requirements of 40 CFR 403 . 12 by order of its Executive Director. When deemed necessary by the Executive Director, a permit holder maybe required to obtain, install, operate and maintain an automatic sampler and/or analyzer to monitor its industrial waste discharges in the manner. directed by Metro. 16 To the degree practicable, Metro's industrial waste section will provide each permit holder or applicant with information on applicable Metro, state and federal waste analysis and reporting requirements, provided, however, that any failure or inadvertence to do so shall not excuse the permit holder from compliance with said requirements. 7-04 . Sampling Manhole • When required by Metro, the permit holder shall install and maintain at his expense a suitable control manhole in his side sewer to facilitate observation, sampling •oi•:y. and measurement of wastes therein. Such manhole shall • be located, if feasible, where it is accessible from a public road or street. It shall be constructed in accordance with plans approved by Metro and shall be arranged so that flow measuring and sampling equipment and a shutoff gate or a screen may be conveniently installed by Metro. The permit holder shall make access to such manhole available to Metro at all times. SECTION 8. INSPECTION OF WASTE CONTROL AND WASTE DISPOSAL FACILITIES 8-01. General Inspection Procedures In order to carry out the provisions of this resolution and in order to insure compliance with federal and • state laws and regulations relating to water pollution, authorized and properly identified representatives of Metro, upon stating their purpose and presenting to the owner, operator or agent in charge at the premises of any person discharging of industrial waste into a public sewer, private sewer or side sewer tributary to the Metropolitan Sewerage System: (A) appropriate credentials; and (II) an administrative inspection warrant in the case of an inspection requiring a • warrant and if requested by said owner, operator or agent. The Metro representatives shall have the right to enter that portion of the premises of any person discharging industrial waste into a public sewer, private sewer or side sewer tributary to the Metropolitan Sewerage System which said portion contains a side sewer, measuring manhole, pretreatment: facilities or other facilities used for transportation, collection, concentration or treatment of wastes from such premises. The purpose of said entry shall be for inspection, observation, measurement, sampling and testing in accordance with the provisions of this • resolutions at reasonable times or for the purpose of handling an emergency as determined by the Executive Director at any time if the Executive Director determines that an emergency exists. All regular • 17 . p sanitary and safety requirements of such person shall be complied with by such representative during such inspection. Observations and data secured by Metro regarding waste generating processes shell be considered confidential except that su ,b Lecord, report or information may be disclosed to authorized representatives of the State of Washington or the United States concerned with carrying out the provisions of the Federal Water Pollution Act, as • amended, Chapter 90. 48 RCW, or when relevant to any proceedings under those statutes and implementing regulations. ' 8-02 . Situations Pot Requiring Administrative Inspection Warrant A warrant shall not he required for entry and administrative inspections (including observation, measurement, sampling or testing) under this resolet.ion in the following situations: . (1) With the consent of the owner, operator or agent in charge of the premises; (2) In situations where the Executive Director has determined that an emergency exists presenting imminent danger to the public health, safety and welfare, the environment or water quality of a receiving water or interference or risk of interference or obstruction with the functioning of the Metropolitan Sewerage System; (3) In any emergency circumstance where there is • neither time nor opportunity to apply for a warrant; (4) In any other situation where a warrant is not required by law. 8-03 . Issuance and Execution of Administrative Inspection Warrants In the event an administrative inspection warrant must be obtained to enter upon the premises of any person disposing of industrial waste into a public sewer, private sewer, or side sewer tributary to the Metropolitan Sewerage System, the Executive Director shall apply to ariy judge of the Superior Court of the State of Washington who shall within his territorial jurisdiction and upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by this resolution. For purposes of an administrative inspection, probable cause justifying the issuance of a warrant may be based either. on: (A) specific evidence of an existing violation of the terms and conditions of a waste discharge permit, this re solution or any state or federal law or regulation relating to water 18 pollution; or (B) evidence that reasonable administrative standards for conducting an inspection (including observation, measurement or testing of industrial waste) are satisfied with respect to a particular premises and that a specific premises has been selected for Metro inspection on the basis of e general administrative plan for the enforcement of this resolution or any Metro, state or federal laws or regulations relating to water pollution. 8-04 . Sampling Procedures A portion (or a duplicate in the instance of fats, oils, and greases) of any samples collected pursuant to ae paragraph 8-01 by Metro personnel, shall be made available to the industrial discharger being monitored , If the industrial discharger has samples analyzed for comparison with Metro's results, such a comparison will be considered valid only .if methods and procedures are the same as those utilized or approved by Metro and those methods and procedures conform to and are consistent with the analytical methods established by the latest edition of the following references; (1) American Public Health Association, Standard Methods for the Examination of Water and Waters; (2) American Society for Testing and Materials, A.S.T.M. Standards, part 23 , Water, Atmospheric Analysis; (3) Environmental Protection Agency, Water Quality Office Analytical Control Laboratory, Methods for Chemical Analysis of Water and Wastes; or another analytical method, determined by Metro to be required to identify and quantify a particular pollutant not adequately sampled by the above referenced methods. 8-05. Sampling Point Consistent with federal pretreatment standards, pollutant levels for all regulated processes will be monitored at the point of discharge from the regulated process following pretreatment . Such monitoring shall be prior to the addition of any dilution water. 8--06 . Inspection and Monitoring Program The purpose of the inspection and monitoring program shall be to verify at least once annually, independent of information supplied by industrial users pursuant •to paragraph 7-03 , the compliance or noncompliance with applicable pretreatment standards and requirements, or special requirements as prescribed by the Executive Director. The monitoring and inspection program is designed to provide sampling emphasis on those industrial 19 categories discharging the greatest volume and concentration of pollutants. Comprehensive sampling by automatic samplers will he augmented with grab samples taken on a random basis. Those companies with large industrial discharges can expect to be sampled quarterly or more often, while small dischargers may be checked once annually , Industrial users also discharging high strength waste will be monitored as part of the industrial surcharge program. 8-07 . Post-Violation Inspection and Monitoring Program. In addition to the inspection and monitoring program under subsection 8-06, there shall be a post-violation �4 inspection and monitoring program. Such program shall provide for additional inspection and monitoring of any industry failing to comply with or violating a ly of the provisions of Section 3 , Section 4 , Section 5, Section 6, Section 7 and Section the criteria of Set:.ion 10 of this of this resolution, and applicable state and federal requirements . The purpose of such program shall be to verify, independent of information supplied by industrial users pursuant to subsection 7-03 , the compliance or noncompliance with applicable pretreatment standards and requirements, or special requirements as prescribed by the Executive Director. [Section 0-07 . Added by Resolution No. 5806, signed January 18, 1990] • SECTION 9 . INDUSTRIAL COST RECOVERY 9-01 . Industrial Cost Recovery Each industrial user of a treatment works constructed be Metro wholly or partially with the use of federal grant money shall pay to Metro that portion of the federal grant amount allocable to the treatment of the industrial users' wastes as determined by federal regulations in addition to its proportionate share of costs of operation and maintenance as required by Section 204 (b) (1) (A) of Public Law 92-500 and such user charges as may be lawfully imposed by Metro. 9-02. significant Industrial Users' Letter. of Intent Upon written request from the Executive Director in instances where Metro has applied for federal grant money to construct treatment works, each significant industrial user shall send to Metro a signed letter of intent to pay that portion of the federal grant amount allocable to the treatment of its wastes as determined by federal regulations. Each such latter shall also include a statement of the industrial user's intended period of use of the treatment works. 20 9-03 . Industrial Cost Recovery System 9-03 . 01. Each year during the industrial cost recovery period, each industrial user of the treatment works shall pay to Metro its share of the total • amount of the grant and any grant amendment awarded pursuant to this subpart, divided by the recovery period. 9-03 . 02 . Payments shall be made by industrial users no less often than annually. The first payment by an industrial user shall be made not later than one (1) year after such user begins use of the treatment works. ; A 9-03 . 03 . An industrial user's share shall be based on all factors which significantly influence the cost of the treatment works. Factors such as strength, components, volume and delivery flow rate characteristics, shall be considered and included to insure a proportional distribution of the federal grant assistance allocable to industrial use to all industrial users of a particular treatment works. At a minimum, industry's share shall be proportional based on its flow in relation to the treatment works .Liow capacity. 9-03 . 04 . If there is a substantial change in the strength, components, volume or delivery flow rate characteristics introduced into the treatment works by an industrial user, such user's share shall be adjusted accordingly. • 9-03 . 05. If there is an expansion or upgrading of the treatment works, each existing industrial user's share shall be adjusted accordingly. 9-03 . 06. An industrial user's share shall include only that portion of the federal grant assistance allocable to its use or to capacity firmly committed for its use. 9--03 , 07 . An industrial user's share shall not include an interest cdmvonont. SECTION 10. VIOLATIONS 10-01. Criteria Constituting a Violation 10-01. 01 . A o , f hose limitations established under • Sectlo e f t s �� cation, federal, state or Metro pretreat`rneflt rit 1251s or specific 21 '```� requirements of an industrial waste discharge / permit shall occur, regardless of intent or / accident, when: / A. The maximum daily allowable concentration is violated under the following circumstance : (1) The arithmetic mean of concentrations for eight consecutive samples collacted over intervals of 15 minutes ox.4great.er is in excess of the limitation; (2) The concentration of any' situ .e. same-'' e: ""ii. (whether grab or a san, w� in a ..rie: ,. - ~, •: fr'- � � exclusive of any fats, a`i1 s, and grease: ,10 exceeds the limitat \4yJa' factor of tour (4 ) ; (3) The ari t.hmetic mea C f the concentration of fats, oil, or. grpas for three grab samples, taken no more fy c u :�};t�ly than at five (5) minute intervalh/e. •cgeds the limitation. B. The arithmet q can of the antilog of the pH values of at least c//o �`` nsecutive samples taken at intervals of 15 mi t s or greater is less than an equivalent pH :due f: 5. 5,, or the pH of any single sample ` le.. J than 5 . 0. C. The temps: a tyre limitation is exceeded for any single sample. Each discrete discharge exceeding such, imitations, standards or requirements snail constitute a separate ' violation, oil/ if such discharge is continuous, then each hour of said discharge shall constitute a separateiolat.ion, provided the Executive Director :shall have the discretion to combine such discrete/or continuous discharges and limit the number 9f violations for purposes of assessing penalti,Ls if the violations are minor and do not pose ysgnificant risks to public health and safety or tO.atment processes and facilities and the indystrial user demonstrates to the reasonable sa .isfaction of Metro that it is using its best efforts and—the most current technology to avoid such discrete or continuous discharges. 10-01. 02 . A violation will be considered to have occurred if special reportinc' requirements established by permit, Section 5 of this resolution, written request of the Executive Director or his authorized representative, or a:; specified by general federal pretreatment standards (40 CFR 403 . 12) are not complied with. • 22 . r-- l0- 0].. 03 , l '...) A violation will be Zconsicdered eha ''' mass related limitat;i.onr _ _ Qrcu� zed if have been violated. '� fir.-' �o].l.catants, determined utilizing t i.o a u ,i. wi'1.1 be �y ��c f;unntala: , (8 . 34) (Millis r„ o ca".11or;s discharged) (Concen • lti�n 1 po.l:lutant in m g1L) The cor>>cent a .ion'uCed for the pollutant will be the arx hire ic-mean of samplc�� o ; , those concentration.; for l.i c,ted during the period the co ' cerlt2-ati.an of a flow proporta.onedtcom monitored duritg�ttcat. period. The volume will br_ composite b e'ither a water meter orserving determined yam. ewer meter monitored process and read immediatelyi thr_ ./and after 5au piing. prior to 10-02 . Notice of Violation Upon determination that a violation has taken or is taking place, a representative of Metro s reasonable effort: to immediately hell. maae a party. The first notification ney bef'y rba if viflviolatingsubsequently followed by written notification.on. Such written not:ificatien shall be entitled "Notice of Violation, " shall be signed b the Exe, and shall specify the nature and euofve Director,u of te violation. Such written notice may beedelivered to the business premises of an industrial user or may be submitted by regular mail to the address of the permit holder as given to Metro. Following procedures, applicable follow-up cor-respondenceiwi]notification used to establish penalties as provided by , and/or corrective action to be taken Se by the Violator- 10-03 . Public Notification of Violation:. Pursuant to the requirements of 40 CFR 403 . 8 the Municipality will publish in the daily newspaper the largest daily circulation in the metropolitanwarca, not less than annually, a list of those industrial r ra.` 1 users which during the previous 12 months were determined to be responsible for significant violations of the limitations established by this resolution and applicable pretreatment standards or other requirements pursuant to this- 'esolution. This notification will summarize enforcement action by MeLro during the same 12 months . For the purposes of this s s tern: "significant violation:_" sha.L1 be a ttse ucti defined in, CFR 4 03 , 08 . nc d in the 4 p 23 �• I rt .' . SECTICI" 11. BOARD OF REVIEW The Metropolitan Council shall appoint an Industrial Waste Board of Review consisting of seven (7) members. A Board member representing industrial activities located in the metropolitan area shall he appointed from each of the following categories: dairies; food and kindred products; chemical; metal processing; ' .and gas and oil. In addition, two (2) Board members shall be appointed from the members of the Metropolitan Water Pollution Abatement Advisory Committee. The purpose of the Industrial Waste Board of Review shall be to advise the Metropolitan Council on industrial waste matters, and, when requested by the Council., to review decisions and requirements of the Executive Director relating to the discharge of industrial wastes into a public sewer, private sewer, or side sewer tributary to the Metropolitan Sewerage System, or the disposal of prohibited substances, high strength wastes and sludge. The terms of the members shall be established in the resolution making the appointments. The Board shall establish its own rules of procedure and shall select a chairman. A record shall be kept of all meetings, including the attendance and actions taken. A copy of the record shall be forwarded to interested local public agencies. All meetings shall be open to the public. Recommendations of the Industrial Waste Board of Review shall be advisory only. 11. 01 Membership of the Industrial Waste Board of Review The Metropolitan Council shall appoint an Industrial Waste Board of Review consisting of nine (9) voting • members. A Board member representing industrial • activities located in the metropolitan area shall be appointed from each of the following industries: food and kindred products; chemical ; metal processing; small quantity generators; and "others" consisting of industrial laundries, photoprocessors, transportation, and other categories of industry under permit to the Municipality. In addition, two (2) board members shall III! be appointed from the members of the Metropolitan Water Pollution Abatement Advisory Committee, two (2) members shall be appointed from and by the Citizens' Water Quality Advisory Committee (CWQAC) . Members appointed by the Metropolitan Council to serve as representatives of specific industrial categories shall he nominated by business and associations serving that category of industry. 11.02 . Purpose of the Industrial Waste Board of Review The purpose of the Industrial Waste Board of Review shall be to advise the Metropolitan Council on industrial waste matters, and, when requested by the A• Council, to review decisions and requirements of the rt+, Executive Director relating to the discharge of • industrial wastes into apublic sewer, private sewer, �A 24 or side sewer tributary to the Metropo) itan Sewerage System, or the disposal of prohibited substances, high strength wastes and sludge. 11. 03 Terms of Appointments The terms of the members shall be established in the resolution making the appointments. 11. 04 Procedures The Board shall establish its own rules of procedure and shall select a chair. A record ,hall be kept of all meetings, including the attendance and actions taken. A copy of the record shall be forwarded to interested local public agencies. All meetings shall be open to the public. Recommendations of the Industrial Waste Board of: Review shall be advisory only. (Section 11 . Amended by resolution 5696, sign.:d November 2, 1989] SECTION 12 . rPEAL TO THE METROPOLITAN COUNCIL Any person feeling himself aggrieved by any decision' or. action of the Executive Director made or taken pursuant to this resolution may appeal to the Metropolitan Council by filing written notice of appeal with the Clerk of the Council within ten (10) days following notification of such decision or action. Such notice of appeal shall set forth in reasonable detail the action or decision appealed from and the appellant': grounds for reversal or modification thereof. Within twenty-one (21) days following the receipt of such notice, the Clerk of the Council will place the appeal on the agenda of the Water Quality Committee of the Metropolitan Council. The Water Quality Committee may refer the appeal to the Industrial Waste Board of Review, which in turn, shall set a time for a hearing upon such appeal which shall be no more than thirty (30) days following the date of referral to the Board unless a further time extension is granted by the Board, or the Water Quality Committee may refer the appeal to the full Council for a hearing. The Council may reject the appeal or the Council shall set a time for Council hearing upon such appeal which shall be no more than thirty 30) days following the date of referral of such Notice of Appeal to the council unless a further time extension is granted by action of the Council . The Council may designate the Water. Quality Committee or another appointed subcommittee of Council members to serve as the hearing body. If the appeal is referred to the Industrial Waste Board of Review, the written recommendation of. the Board shall be filed with the Clerk of the Council within four (4) days after the Board hearing. The Council may hold a .hearing on the recommendation of the Board or its designated hearing body and, in any event, shall take action on the recommendation of the Board or hearing body within twenty-one 25 (21) days following the filing of the recommendations . The action of the Council upon such appeal shall be conclusive, subject to appeal to the State Pollution Control Hearings Board or the Superior Court of King County in the manner prescribed by law. The filing of such appeals shall not stay enforcement of the action of the Council or Executive Director. At least three (3) days' notice of the time and place of any hearing held pursuant to this section shall be given to the person aggrieved, unless such notice shall be waived by such person in writing. 2 SECTION 13 . PENALTIES Any person failing to comply with or violating any of the .)rovisions of Section 3 , Section 4 , Section 5, Section 6, Section 7 , and Section 9 and the criteria of Section 10 of this resolution shall , for each such failure or violation, be subject to penalties as hereinafter set forth . Upon determination of such a failure or violation, the Executive Director shall issue a itten notice stating the nature of the failure or violation pursuant to Section 10-02 . Where repetitive or continuous violations are occurring and the person responsible for the violations is using best efforts and most current technology to avoid further failures or violations, the Executive Director shall allow a reasonable time for satisfactory correction t r a.reof. Depending upon the severity of the situation, the Executive Director may require disposal of the industrial waste in some manner other than into the public sewer, private sewer or sick sewer tributary to the Metropolitan Sewerage System; at the expense of the person responsible for the failure or violation. Said person ::hall , within the period of time stated in such notice, satisfactorily correct said failure or violation. Extensions of thin time limit may be granted by the Executive Director upon consideration of a request in writing from said person, which shall set forth the truthful reasons why compliance cannot be timely made. Corrections of violating conditions shall not preclude assessment of penalties. Any person who shall continue any failure or violation beyond the time limit provided shall be deemed guilty of an additional and separate failure or violation for each discharge as explained in 10-01. 01 . - .- • For each failure or violation hereunder, the person • responsible shall be fined not less than Fifty Dollars ($50. 00) nor more than Five Thousand Dollars ($5 , 000. 00) . The determination as to the amount assessed will be dependent upon a number of factors including, but not limited to, the type and concentration of the pollutant causing the violation, the volumes .discharged, the damages caused by or related to the discharges, the history of past violation by the name person, the assessment of any prior penalties for similar violations and the number of 26 violations as determined pursuant to subsection 10-01. 01 . Any person causing damage to a public sewer, treatment facility or receiving waters by discharges not in compliance wi this resolution and the requirements of any liable for any such damage and. for anyadditional ot' shall be and for any penalties, treatment cos including the withholding of any grant money, levied against Metro for violation of state and federal permits resulting from said noncompliant discharges and for any other expert, legal or administrative costs incurred by Metro o the local public agency as a result of such damage or discharge. Any industry for whom the Executive Director implements -post-violation inspection and monitoringerement-., a 8-07 of this resolution shall be responsiblegfor costst therefore incurred by the Municipality, includng without therefor expert, legal , and administrative costs. limitation Such costs shall be in addition to the other fees, penalties and costs for damages set forth in this Section 13 . (Section 13 . Paragraph 5 added by Resolution 5806, signed January 18, 1990] • SECTION 14 . IMPLEMENTATION The Executive Director is authorized and directed to promulgate such rules and regulations as he or she deem::, necessary to carry out the purposes or provisions of this resolution, to insure Metro's compliance with the requirements of any federal or state law or administrative regulation ;-elating to water pollution and any changes, or. amendments thereto, and to ensure Metro performs its statutory function under. RCW 3 5. 58 . -0 Nothing herein shall prevent the Executive Director from seeking. judicial or governmental agency sr policies and requirements of this resoluttance ion. implement the SECTION 15. EFFECTIVE DATE The effective• ffecti.ve date of this resolution shall be February 21, 1980. Resolution No. 2310 adopted June 26, 1975 is superseded as of said date. SECTION 16. SE4 ERADILITY If any provision of this resolution or its application to any person or circumstances is held invalid, the remainder of t:he :resolution or the application of the provision to other persons or Circumstances is not affected. 27 • • ADOPTED by the Council of the Municipality of Metropolitan Seattle at a regular fleeting thereon held on the 21st day of February, 1980. • Attest: C. Carey Donworth Chairman of the Council Larry T. Yok �. Clerk of the Council 1 i _Printed August 1990 28 • �'J4a1t;;-�aNn.YYe%Le6li:.Y: • ,t• . t t• • 1 RESOLUTE:': NO. G093 2 A RESOLUTION of the Council of the Municipality of Metropolitan Seattle establishing revised • { 3 violation criteria a ; part of the Municipality's: Industrial Waste Program by amending Sections 1, 4 3, and 10 of Resolution No. 3374. i 5 WHEREAS, the Washington State Department of } G Ecology and the United States Environmental Protection (! 7 Agency require that industrial waste discharges to 8 Metropolitan Sewerage Syster, facilities be regulated: and 90 WHEREAS, the State of Washington has granted to 10 the Municipality the authority to issue permits for the • 11 discharge of industrial and other wastes into the 12 Metropolitan Sewerage System, in Accordance with federal law 13 and regulations and RCW 90.40.165: and 14 WHEREAS, by Resolution Mo. 3374, adopted February 15 21, 1980, the Council of the Municipality established rules 16 and regulations for the disposal of industrial waste into : 17 the Metropolitan Sewerage System, including requirements for 18 pretreatment by industrial dischargers, inspection and • •• 19 monitoring of industry by the Municipality (hereinafter the 20 "Industrial Waste Program") and criteria constituting a 21 violation of conditions for the disposal of industrial waste 22 into the Metropolitan Sewerage System; and Y3 WHEREAS, Resolution No. 3374 provides that t.hc 24 Executive. Director shall from time to time publish aed 25 revise standards (limits) for the disposal of industrial • • 26 waste into the Metropolitan Sewerage System: and • 27 WHEREAS, the Washington State Department of 28 Ecology has directed the Municipality to develop 29 technically-based discharge limits and criteria for the 30 violation of conditions for the disposal of industrial waste 31 into the Metropolitan Sewerage System; and 32 • 33 1 WHEREAS, revised limits fur the disposal of 2 industrial waste into the Metropolitan Sewerage System were } 3 reviewed by thu Executive Director and adopted on November 4 26, 1990: and 5 WliZREAS, Resolution No. 3374 includes violation 6 criteria which are not technically-based and could prevent ice••' 7 the enforcement of technically-based limits; and rahG 8 WHEREAS, the United States Environmental 9 Protection Agency has promulgated general pretreatment 10 rnqulnt.ionu for existing and new sources of pollution, 11 codified nt 40 Code of Federal Regulations Part 403, that 12 gova•. n thn di:.chargc of industrial wastes to publicly owned 13 treatment works and include a definition of the term 14 "significant industrial user" different from that contained 15 in Resolution No. 3374; and 16 WHEREAS, changes in technology have resulted in 17 some sections of Resolution No. 3374 being outdated; and 18 WHEREAS, Resolution No. 3374 does not clearly give 19 the Executive Director enforcement power for violations of 20 all pretreatment conditions contained in Resolution No. . 21 3374; • 22 NOW, THEREFORE, 13E IT RESOLVED by the Council of 23 the Municipality of Metropolitan Seattle as follows:• 24 Section 1. Section 1-01, Definition of Terms25 Commonly Used, of Resolution No. 3374 is hereby amended as 26 follows: � et- 27 1-01.26. Significant Industrial User i 28 The words "significant industrial user" 29 shall mean all industrial users as pp i' 30 defined in 40 CFR 403.3 (t) including, 31 but not limited to, all industrial users 32 33 RESOLUTION NO. 6093 - PACE TWO .., . - w'a'✓;3.;r..,is.u-r.<yn.:....r...,..a,•.•,x •.tn...:?uti WN?;4"Sy'caay,Bs+A.,..r,: ,,. .., .. ...- .....,. f v I 1 subject to Categorical Pretreatment 2 Standards, any other industrial. user 3 that: discharges an average of 25,000 i q gallons per day or more of process 5 wastewater (excluding sanitary, non- 6 contact cooling and boiler blowdewn wastewaters) to the treatment plant or 8 contributes a process waste.stream which 9 makes up five percent or more of the 10 average dry weather hydraulic or organic ' ': 11 capacity of the treatment plant, or is 12 designated as „such by Pietro on the basisl,3 that the industrial user has a 14 reasonable potential for adversely 15 affecting the treatment plant's 16 operation or for violating any i 17 pretreatment standard or requirement. 18 Section 2. Effective June 1, 1991, Section 3- 19 01, Prohibited Substances, of Resolution No. 3374 is hereby 20 amended as follows: 21. 3-01 05. Corrosive Substances t 22 Any gas or substance which either by I ( 23 itself or by interaction with other 24 :taste may cause corrosive structural i 1 25 damage to sewer works or treatment 26 facilities. ' 27 Section 3. Effective June 1, 1991, Section 28 10-01, Criteria Constituting a Violation, of Pes.clution No. I 29 3374 is hereby amended as follows: I 30 10-01.01. A violation of those{ limitatiora I 31 established under Sections 3 and 4 of t 32 33 RESOLUTION NO. 6093 - PAGE THREE f 1, • 1 this resolution, federal, state or Metro 2 pretreatment standards, or specific • 3 requirements of an industrial waste 4 discharge permit shall occur, regardless 5 of intent or accident, when: G A. Any prohibited substance established 7 under Section 3 is discharged to the 8 sewer. 9 B. Discharge limitations established in 10 Section 4 are exceeded. 11 C. The arithmetic mean of the concentration 1 l ' 12 of fats, oil, or greases for three grab 13 samples, taken no more frequently than 14 five (5) minute intervals exceeds the 15 limitation. 16 D. The temperature limitation is exceeded • 17 for any single sample. 18 E. For companies with current permits 19 issued prior to November 26, 1990, for 20 the duration of the permit: 5. 21 (1) The arithmetic mean of 22 concentrations for eight consecutive 23 samples collected over intervals of 15 �. 24 minutes or greater is in excess of the 25 limitation for maximum daily allowable 26 concentration; 27 (2) The concentration of any single • • 28 sample (whether grab or a sample within ' • 29 a series) - exclusive of any fats, oils, • 30 and grease exceeds the limitation for 31 maximum daily allowable concentration by 32 33 'RESOLUTION NO. 6093 - PAGE FOUR I ...! . ." i •4 1 a factor of four (4) ; 2 (3) The arithmetic mean of the antilog 4 3 • of the pH values of at least eight . • 4 consecutive samples taken at intervals 5 of 15 minutes or greater is less than an • 6 equi'alent pH value of 5.5, or the pH of • 7 any single sample is less than 5.0. 8 F. For companies issued permits on or after i 9 November 26, 1990: 10 (1) For a continuou, •flow system, a • 1 11 composite sample consisting of four or t . 1 12 more consecutive samples collected j 13 during a twenty-tour (24) hour period i14 over intervals of fifteen (15) minutes I15 or greater exceeds the limitation for 16 daily average concentration; 4 17 • (2) For a hatch system, any sample I18 • exceeds the limitation for daily average i 19 concentration; i : 20 (3) Any grab sample, including a grab i i 21 within a series used to calculate daily 22 average concentrations, exceeds the 23 limitation fors instantaneous maximum 24 concentration; I 25 (4) Any sample exceeds the limitation 26 • for daily maximum concentration; . • ` 27 • (5) Any single sample or any I 70 instantaneous recording is less than the } c 29 minimum lower limitation for pH i? fy. 30 established by the Executive Director or r • I ' 1 31 when a composite sample consisting of at x, ( 3 2 ` ? 33 RESOLUTION NO. 6093 - PAGE FIVE 1.,,.? ,1 . 4 t. :ti Yq.�+MM�ili4Uk..ainrv.wr'•- wNq.:yV.NN . ., f4 i - 1 le /at four consecutive samples taken at 2 intervals of 15 minutes or greater is 3 less than the average lower limitation 4 for pit established by the Executive 5 Director or when any recording of 15 6 minutes or more averages lcs; than the 7 average lower limitation for pH 0 established by the Executive Director;. 9 (6) Any single sample or any 10 instantaneous recording exceeds an upper 11 limitation for pH established by the 12 Executive Director. 13 10-01.03. A violation t4i.11 be considered to have 14 occurred if mass related limitations for 15 specific pollutants have been violated. 16 Mass related limitations will be based 17 on daily average limits. A violation 10 will be determined utilizing the 19 formula: 20 (8.34) (Millions of gallons 21 discharged) (concentration 22 pollutant in mg/t,) 23 The concentration used for the pollutant 24 wi1.1 be the arithmetic mean of those 25 concentrations for samples collected • 26 during the period monitored or the 27 concentration of a flow proportioned 20 composite during that period. The 29 volume will be determined by either a 30 water meter or sewer meter serving the 31 monitored process and read immediately 32 33 RESOLUTION NO. 6093 - PAGE SIX +.v+enar�anr,Va•,amrMw.'Y...;..e7•..:...ca.ysc,,,.•,_. «......,;...-.r.:.^,.nr,.rd., - :.�,,..*. ,,. ,.�,_�w_ • t Pf . , Y w 1 prior to and after sampling. 2 10-01.04. Each discrete discharge that constitutes 3 a violation under Section 10, subsection • 4 10-01.04 shall constitute a separate 5 violation, or at such 1discharge is 6 continuous, then each hour of said 7 discharge shall constitute a separate 8 violation, provided the Executive 9 Director shall have the discretion to 10 combine such discrete or continuous L. 11 discharges and limit the number of 12 violations for purpose:; of assessing ' 13 penalties if the violations are minor l4 and do not pose significant risks to 15 public health and safety or treatment 76 processes and facilities and the 17 industrial user demonstrates to the 18 reasonable satisfaction of Metro that it 1; .s using its best efforts and the most 20 current technology to avoid such 21 discrete or continuous discharges.. , r ` 22 ADOPTED by the Council of the Municipality of 1 . 23 Met.-opol i.tan :cattle_ at a regular n:eetine thereof held on c" 24 the 21st day of March, 1991. . ;\ c 1 ;,�.. _ 25 \ii J �1 l r` 2 G _ A,.-, V t.b..,�- -- _ .___. Ponnf Peaboct7Y 27 • Chair o he Cqun it 2© 111 ATTEST: 29 . 31 Donnie Mattson ' Clerk of the Council 32 33 RESOLUTION NO. 6093 - PAGE SEVEN • • Exhibit 3 Access Guidelines 1. The Vactor Decant and Temporary Debris Storage and Sorting Facility will be open for operation 24 hours per day, However.on Monday through Friday after normal working hours and on Saturdays,Sundays,and holidays. site access will be limited to keyed entry only. 2. The facility will be accessible via the following routes: (a). Through the King County compound entering from Monroe Avenue Northeast and Northeast 2nd Street. (b). Via the perimeter road accessed from the City of Renton Public Works Facility located on Northeast 2nd • Street. s. •• • • • i.i • • • • • . . . . ,,, ...._ • 1 1 CITY OF I ENTON 4 CITY CLERIC'S OFFICE a • t MEMORANDUM I DATE: May 3, 1996 TO: John E. Thompson 1 FROM: Michele Neumann x2 8I S SUBJECT: CAG-95-096 As of this date, a signed origin d of this document has not been returned to this office. Please advise me of the status. Thank you. Attachment f t i 1 9 1 } CITY OF RENTON CITY CLERK'S OFFICE I MEMORANDUM :t - ---- TO: FROM: Lisa Stephens, ext. 2501 • SUBJECT: C4,7-9 __0 96 This is your call-up for today. As of this date, a signed original of this document has not been returned to this office. Please advise me of the status. Thank you. Enclosures: (1) • • i 1 , i • .w....._..-._.._� ,k t . i`},�, CITY OF RENTON CITY CLERK'S OFFICE MEMORANDUM DATE: 31-Jan-96 TO: John E. Thompson FROM: Lisa Stephens, ext. 25010541_ !. SUBJECT: CAG-95M96 F ',t This is your call-up for today. As of this date, a signed original of this document has not been returned to this office. Please advise me of the status. Thank you. Enclosures: (I) \ ......,, eft., CITY OF RENTON 1 CITY CLERK'S OFFICE MEMORANDUM 1 3 DATE: November 17, 1995 s TO: Greg Zimmerrmm i, 1 FROM: Michele Neumann x258 I . r SUBJECT: CAG-95-096, Renton/King County-"Yactor" Decant and Temporary Debris Storage. and Sorage Facility • As reque.;ted in your memorandum, the attached document(s) has been signed by City officials and is being returned to you for execution by other parties. When fully executed and returned to you, please return a signed copy of the document to this office for our permanent record fil,. • Thank you. ' Enclosures: (2) • • i 0 .+- CITY OF RENTON Office of the City Attorney .. . • Lawrence J. Warren :art Clymer, Mayor ____ RI 'ID) IA MEM()RANDU1\R SEP 2 (i l'hD Gay OF= I sra\l ON !)Iliit.IC WORKS ADMIN. to: Gregg Zimmerman From: Lawrence J. Warren, City Attorney Date: Scptemb':r 26, 1995 .i, Subject: Interlocal Agreement Between Renton and King County for a "Vactor" •, Decant and Temporary Debris Storage and Sorting Facility The agreement is approved as to legal form. I am enclosing a copy of a Resolution authorizing the City to enter into the interloca! agreement, the original of which has been forwarded to the City Clerk. ) Lawrence J. Warren LJW:as. Incl. cc. Mayor Earl Clymer Jay Covington A8:1 17:45. Post Office I3ox 626 - 100 S 2nd Street - Renton, Washington 98057 - (206)255-8678 mic FAIT It ei>WAINti Y'.'Itl,t'Y(I.11)MA11:IuAI.,10%P(k:1'(oi%I,MkR Qctober 23. 1995 - I ntorlsity Co mit_Minutes Page 4( Annexation: Burnstead, SE .1n ordinance was read annexing approximately 403 acres located east of the 128th St to 156th Ave SE City limit, and north and south of SE 128th Street (Burnstead Annexation; File No. A-94-001). MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FIN, tirdiDINc ON 11/46/95. CARRIED. Councilman Corman returned to the Chambers. The following resolutions were presented for reading and adoption: RtEolution *3153 A resolution was read setting a hearing date on November 20, 1995, for Vacation: SW 12th vacating a portion of the alley between SW 12th Street and Grady Way SW St/Grady Wny SW Alley, abutting Rainier Ave. S. (Snyder/Sound Ford, VAC-95-003). MOVED By Snyder/Sound Ford EDWARDS, SECONDED BY NELSON, COUNCIL ADOPT THE (VAC-95-003) RESOLUTION AS READ. CARRIED. Resolution *3)54 A resolution was read authorizing the Mayor and Citv Clerk to enter into Police: Newcastle Contract interlocal agreement with the City of Newcastle for the City of Renton to for Police Services, CAG- provide police services. MOVED BY STREDICKE, SECONDED BY 95- NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Councilman Tanner asked that his "no" vote be reflected in the record. Enolutlan *3155 I A resolution was read authorizing the Llav4.r�^, CitY Clerk to enter into a Public Works: Vactor new interlocal cooperative agreement with King Caunty for funding the Decant/Debris Storage operation of a vactor decant and temporary debris s:orage and sorting facility Facility, King County in the vicinity of Monroe Ave. NE and NE 2nd Street. MOVED BY a t C 17\ . °C`i , CORMAN, SECONDED BY EDWARDS, COUNCIL. ADOPT TILE t�� t' , RESOLUTION AS READ. CARRIED. AUDIENCE COMMENT Sarah McDonald, PO Box 1825, Renton, 98057, submitted a policy brief from Citizen Comment: the Washington Research Council (WRC) on Referendum 48. Saying that the McDonald - Referendum referendum's purpose is to ensure fairness to all, Ms. McDonald commented 48/Initiative 164 on the private property protections contained in the U.S. and Washington state constitutions. EXECUTIVE SESSION MOVED BY STREDICKE, SECONDED BY SCHLITZER, COUNCIL RECESS INTO EXECUTIVE SESSION FOR 15 MINUTES TO DISCUSS POTENTIAL LITIGATION AND ONE ITEM OF ATTORNEY/CLIENT PRIVILEGE. CARRIED. Time: 10:25 p.m. The meeting was recorvened at 10:49 p.m.; roll was called; all Councilmembers present. ADJOURNMENT MOVED BY TANNER, SECONDED BY SCHLITZER, COUNCIL ADJOURN. CARRIED, Time: 10;50 p.m. MARILYN, TERSEN, CMC, City Clerk Recorder: Brenda Fritsvold 10/23/95 Il Q&JO.t)er 23. 1995 Minutes RESIDENTIAL. ZONING (NO APARTMENTS) OVER THE VAST MAJORITY OF THE AREA WHILE ACCOMMODATING THE EXISTING COMMERCIAL USES. CARRIED. MOVED BY EDWARDS, SECONDED BY KEOLKLR-WHEELER, COUNCIL PLACE THE ORDINANCE. FORMALLY APPROVING THE BURNSTEAL) ANNEXATION AREA ON THE AGENDA TONIGHT FOR FIRST READING. CARRIED. (See page 406 for ordinance.) Councilman Corman returned to the Chamber: at 9:00 p.m. RECESS MOVED BY KEOLKER-WHEE!.FR, SECONDED BY STREDICKE, COUNCIL RECESS FOR FIVE MINUTE. CARRIED. Time: 9:00 p.m. The meeting was reconvened at 9:08 p.m.; roll was called; all C,uncilnlembers present. CONSENT AGENDA Items on the consent agenda arc adopted by one motion which follows the listing. Annexation: Burnstead, SE City Clerk submitted letter from the King County rsoundary Review Board 1128th St to 156th Ave SE transmitting the BRR's resolution and nearing decision formally approving the Burnstead Annexation as cf October 12, 1991. Information. Vacation: SW 12th City Clerk submitted petition to vacate a portion of the alley between SW 12th St/Grady Way SW Alley, St. and Grady Way SW west of Rainier Ave. S.; petition submitted by Rich Snyder/Sound Ford Snyder representing Sound Ford, VAC-95-003. Refer to floardoof Public (VAC-95-003) ; set public hearing on 11/20/95 to consider the petition. Council concur. (Sae page 406 for resolution setting the public hearing.) CAG: 95-, Metro Trunk. Community Services Department recommended granting Metro a temporary Line Easements @ Cedar construction easement and a permanent utility easement on Cedar River Park River Park (SR--169) property for the new Metro trunk line along the northeast side (SR-169) of the park. Refer to Community Services .. CAG: 95-054, Houser 'Transportation Systems Division submitted CAG-95-054, Seismic Retrofit of Way/Williams Ave Bridges the Houser Way and Williams Ave. bridges; and requested approval of the Seismic Retrofit, Diamaco project, authorization for final pay estimate in the amount of $950.00, commencement of 60-day lien period, and release of retained amount of $1,995.00 to Diamaco, Inc., contractor, if all required releases are obtained. Council concur. Public Works: PWTF Utility Systems Division requested authorization to apply fry. Public Works Loans for Corrosion Trust Fund pre-construction activities loans for corrosion control treatment Control & Rolling Hills facilities ($173,400) and the Rolling Hills reservoir ($154,400). Council Reservoir concur. MOVED BY SCULIT7_ER, SECONDED BY CORMAN COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Utilities Committee Chair Corman presented a report recommending ittilltles Commlt&e concurrence with the staff recommendation to approve an interlocal agreement Public Works: Vector with King County for the construction and joint operation of a vactor decant Decant/Debris Storage and temporary debris storage/sorting facility in the vicinity of Monroe Ave. Facility, King County NE and NE 2nd Street. The Committee further recommended hat the C(-)ki : resolution regarding this matter be presented for reading and acoption. MOVED BY CORMAN, SECONDED BY SCIILITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 406 for resolution.) ' APPROVED BY CITY COUNCIL Date UTILITIES COMMITTEE COMMITTEE REPORT October 23, 1995 { Renton/King County Vactor Decant and Temporary Debris Storage/Sorting Facility. Interlocal Agreement and Resolution (Referred October 16, 1995) i.; • : i4 The Utilities Committee rc o,niocnds rc'cnrrencc with staff recommendation to authorize The Mayor and City Clerk to execute an intcrlocal azrec,rr.ent with King County for the construction and joint operation of a Vactor Decant and Temporary Dcb-sStorage/Sorting Facility. The Utilities Committee further meconimrads concurrence with staff recomnieridt ion to adopt the associated resolution. • I � i . . Ran y Comm,Chair • • Toni Nelson,Vice Chair Bob • • Edwards,Member • UCRFORM.DOC/P/ti-Pw MAINT\VW I-O09 cc: Victoria Runkle Beverly Nelson Cilode •ber 10,19 25 Renton City Couandl Minutes - 1.'.illlL,$_`.? handle, and inquired about her options for proceeding with her complaint at this point. As chair of the Transportation Committee, Councilman Edwards said this item has yet to be scheduled on the committee's agenda although Ms. Petersen will receive notification of that date and time when it is scheduled. Citizen Comment: Mersai Teizi Mersai, 2404 NE 10th PI., Renton, 98056, asked that Council advance to - Request for Rezone or his letter listed on tonight's agenda. Waiver of Home Occupation Fee MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL SUSPEND THE REGULAR ORDER OF BUSINESS AND ADVANCE TO THIS ITEM OF CORRESPONDENCE. CARRIED. i Correspondence was read from Teizi Mersai, 2404 NE 10th PI., Renton, 98056, asking that Council consider changing the zoning fur his residence or i waive the $1,000 fee for a conditional use permit for a Lome occupation. Mr. Mersai explained that because his single-family home is zoned multi-family, he cannot operate a small, home-based distributor business even on a part- time basis without paying $1,000 for a conditional use permit. MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL REFER THIS CORRESPONDENCE TO THE PI.ANNJN ,s. DEVELOPMENT CLQMMIT[{F. CARRIED. Citizen Comment: Hughes Willie Hughes, 817 S. Third St. #3, Renton, 98055, stated that he has talked - Castle Rock Restaurant with six former employees of Castle Rock who have not been paid wages due & Lounge them. Announcing he was working on a proposal to buy this business, he noted his desire to be kept informed of any concerns or problems. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. H&IiS: Renton Executive Department submitted proposed interiocal agreement with the Communities in Schools Renton School District to continue the Renton Communities in Schools Program program, which provides assistance to at-risk youth and their families. The City's cost share is $20,000. Refer to C.'omm!tttiy Services Commitke. City Clerk: 7/95 - 9/95 City Clerk submitted Quarterly Contract List for July I - September 30, 1995; Quarterly Contract List 45 contracts rind/or addenda have been executed in the total amount of $10,084,165.41. Information. Public Works: Vactor l Maintenance Division submitted proposed interlocal agreement in the amount Decant/Debris Storage of $42,625 with the King County Public Works Division for joint operation of Facility, King County a vactor decant and temporary debris storage/sorting facility. The ftle lity will r �h : ' allow for temporary, environmentally-sound storage of debris from r�cu;inc `.l-1 I maintenance activities. Refer to Utilities_Clamntillee• Zoning: R-24 Zone Planning & Technical Services Division submitted proposed revisions to the Revisions R-24 zone to: achieve compliance with the Comprehensive Plan; provide development standards that effectively address the established purposes of the zone; and provide innovative processes that are designed to streamline the development process. (I2-24 zone: Residential, up to 24 units per acre, up to 50% may be multi-family units.) Refer to S2mmttSsif,11SWrgle. r---- _.. . 71 . . . • . ... ,.... . . CITY OF RE•.NTON COUNCIL AGEN.D_AMIL (Ala: . c• i Submitting Dsu: Planning Building'Public Works For Agenda of: Dept Div Road.. Public Division October 16,1995 Stet John E. Thompson(235-2585) Agenda Status Consent X • Subject: Public Nearing... Interiocal Agreement with King County Public Works Division Correspondence., regarding joint operation of Vactor Decant and Temporary Debris ordinance i. Storage/Sorting Facility. Resolution X Old Business .+i r. Exhibits: New Business ' ••+R•, Interlocal Agreement Study Sessions Issue Paper information Resolution I ' I Recommended Action: Approvers: Legnl Dept X Refer to Utilities Committee Finnncc Dept.. Other • risaalImpact: Expendituie Requited... $42,625 Transfer/Amendment....... I Amount Budgeted $42,625 Revenue Generated i Total Project Budget $42,625 City Share Total Pry jcct.. $42,62S 40 1/000/19.596.38.64.77 401/000/19.596.35.64.52 .____ Summary of Action: Final Agreement and Resolution Allowing for the Joint Operation of the Vactor Decant and Temporary Debris Storage/Sorting Facility between the City of Renton and King County Public Works Roads Maintenance Division. This Interlocal Agreement Establishes the Details for the Joint Operation of this Facility. STAFF RECOMMENDATION: Planning/Building/Public Works Department recommend that Council approve this Interlocal • Agreement and authorize the Mayor and City Clerk to execute the agreement. Planning/Building/Public Works Department further recommends that Council adopt the associated Resolution. VAC .'.ONiI.DOC/k CITY OF RENTON MEMORANDUNI DATE: October 6, 1995 TO: Randy Corman, Chairman Members of the Utilities Committee VIA: Mayor Clymer l• FROM: Gregg Zimmerman, Administrator Planning/Building/Public Works Department STAFF CONTACT: John Thompson ( X-2585) RE: INTERLOCAL AGREEMENT BETWEEN RENTON AND KING • COUNTY FOR A VACTOR DECANT AND TEMPORARY DEBRIS STORAGE ANi) SORTING FACILITY ISSUE: King County Public Works Road Maintenance Division and the City of Renton Maintenance Division designed and arc in the final stages of constructing a Vactor Decant and Temporary Debris Storage/Sorting Facility. This facility will give King County and the City of Renton a facility to decant Vactor Waste and temporarily store debris, allowing the debris to dry before being sorted and hauled to appropriate fill sites. The attached interlocal agreement establishes terms for the joint operation of the facility with King County. RECOMMENDATION: Public Works Maintenance and Utility Systems staff recommend that the Council approve, and authorize the Mayor and City Clerk to execute, the Agreement. Public Works Maintenance and Utility Systems staff further recommends that council adopt the associated Resolution. BACKGROUND: In 1991 the City of Renton Planning/Building/Public Works Department 'tcd a "Stop Work Order" to the King County Maintenance Division essentially ending all debris stockpiling, fill, and/or grading activities at their Renton maintenance facility. The joint- effort debris facility was the result of the need for both the County and the City to have a facility in which to temporarily store debris from routine maintenance activities, and to do so in an environmentally sound manner. Completion of the Storage and Sorting Facility will present the City of Renton and King County with the means to meet Washinton Department of Ecology standards, reduce operational deficiencies and i':iplement the 1 Issue Paper Vactor Decant Page 2 environmentally sound practice of recycling maintenance debris. This project was • previously approved and is funded in the 1995 City of Renton Budget. The attached interiocal agreement is the formal agreement needed to finalize this facility project. The major provisions of this Agreement include: • Renton shall pay 24% of the labor and materials costs incurred by King County and any contractors hired by King County for construction of the facility. The amount paid by Renton for construction costs (materials and labor) shall not exceed $42,625. Renton shall pay or all costs associated with disposal of wastes collected by Renton. Renton Shall not pay for disposal costs for wastes collected by King County. If Renton chooses, the county will dispose of the City's waste and bill the City actual cost including administrative overhead and direct labor. • Renton shall bill King County for all utility usage. • King County shall pay for the cost of intermittent containment testing of "'factor"solids. • King County shall bill Renton for it'': share of the maintenance of the facility, insurance cost, and utilities. The cost share shall be based on the calculated percentage using the weighted average based on use of the liquid decant area and 38%* of the monthly cost for the stockpile area. *2200 square feet of Renton stockpile area/5800 square feet of total stockpile area == 38% • Nothing herein shall be construed as obligating Renton or King County to expend money in excess of appropriations authorized by law or administratively allocated for this work. • This Agreement is effective upon signature by the parties and remains in effect until December 31, 2000 and may be extended by mutual agrcc nent indefinitely in five year increments. • This agreement may be terminated by either Party upon 30 days written notice. In the event of termination, payment will be made for work performed to the date of termination in the proportion agreed to by the Parties. Funding for this project has been approved in the 1995 Waterworks Utility fund budget. No tudgct increases will be required to build or operated this facility. cc: hy Covington Beverly Ncleon Glade Victoria Punk!e Ron Olsen City Clerk 1 mfr �►- CITY _IF RENTON Office of the City Attorney Earl Clymer, Mayor Lawrence J. Warren 112)7 CI 11'11,II V 1 k 1\\12if Li) MEMORANDUM SEP 2 G l�iyj are Ot: ON • PUBLIC WORKS ADMIN. To: Gregg Zimmerman From: Lawrence J. Warren, City Attorney Date: September 26, 1995 r, Subject: 1nterlocal Agreement Between Renton and King County for a "'actor" }. Decant and Temporary Debris Storage and Sorting Facility The agreement is approved as to legal form I am enclosing a copy of a Resolution authorizing the City to enter into the interlocal agreement, the original of which has been forwarded to the City Clerk. Lawrence J. Warren LJW:as. Encl. cc. Mayor Earl Clymer Jay Covington A8.1 17:45. Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206)255-8678 THIS PAPE 11 CONTAINS NJ*RH'WM)MA IJUAL.I(Y6 KWIC ONSI:MIUI • An Agreement Between Renton and being County for a • "Vactor" Decant and Temporary Debris Storage and Sorting Facility This agreement is entered Into by King County.Washington,hereinafter referred to as"King County".and the City of Renton,hereinafter related to as"Renton",collectively referred to as the"Parties",for the purpose of jointly constructing,operating,and maintaining a"Vactor"decant and temporary debris storage and sorting facility for materials collected during routine maintenance of storm water control facilities and road maintenance. • WHEREAS,road maintenance amities generate debris composed of concrete,asphalt,soils,leaves,and other related materials;and WHEREAS.storm water control facilities must be cleaned of sediments to ensure their continued proper functioning;and WHEREAS,"Vactor"mucks(mucks containing a water injection and pumping system)arc used to clean r:torn' water control facilities;and WHEREAS,the solid and liquid wastes generated by the"Vactor"trucks as a result of cleaning storm water control facilities must be disposed of properly because they may contain contaminants;and WHEREAS,both Renton and King County generate"Vactor wastes and raid maintenance debris;and WHEREAS,a common area designed to allow decanting of"Vactor"wastes and temporary storage of road maintenance debris prior to sorting for disposal or recycling would be beneficial to both Parties;and WHEREAS,King County owns a facility located in Renton that is used for road maintenance activities and can be modified to accommodate the"Vactor"decant and temporary debris storage and sorting area;and WHEREAS,it is in the best interests of and mutual advantage to the Parties'on-going road and storm water control facility maintenance operations to jointly cooperat'in the construction,operation,and maintenance of a "Vactor"decant and temporary debris storage and sorting area;and WHEREAS,pursuant to the lnterlocal Cooperation Act(RCW 39.34),the Panics arc each authorized to enter into an agreement for cooperative action; NOW THEREFORE,King County and Renton hereby agree to the following: l Purpose • The purpose of this agreement is to allow the Parties to share in the costs and responsibilities of construction, ' • ' •'' ;;ice:,operation,and maintenance of a"Vactor decant and temporary debris storage and sorting facility. The facility • includes it covered asphalt pad used to sort and dry road inatintenancc waste and material and a"Vactor"waste • :n. s, decant station that will allow"Vactor"trucks to dispose a liquid wastes in an existing sanitary sewer system and allow maintenance waste and material to dry before disposal. :+� ' • II Project Management • The facility's construction will be managed by the Maintenance Manager for Rcraton,or an alternate employee selected by Renton,and the Environmental Supervising Engineer for the King County Roads Maintenance Section. • or an alternate employee selected by King County. In the event that a dispute arises under this agreement,it shall• • be resolved by the Director of the Renton Planning,Building,and Public Works Department and the Director of the King County Department of Public Works. Responsibilities A. Renton shall: • 1. Install and provide a four-inch water main,two water services(one to the facility and one to the proposed paring lot south of the facility),sprinkler system,installed three water meter boxes(to the facility,to the proposed • parking lot,and to Building"M"),and two meters. 2. Provide a monthly statement of its usage of the facility's decant station to the King County Roads and Engineering Division,Road Maintenance Section no later than the end of the first week of the following month. This monthly statement will summarize daily usage by totaling daily haul slips obtained during the month. The daily haul slips will account for the amount,in gallons,of liquid decanted to the facilities decant station(an • example daily haul slip is attached as Exhibit 1). 3. Comply with Metro's Discharge Authorization Mum(see Exhibit 2)when decanting"Vactor"liquids at the • decant station. • 4. Utilize the containment vault at the facility when a"Vactor"load is suspected to contain high levels of contaminants. Renton shall notify the County within 24 hours The County can perform testing and determination of dis,to at requirements,if requested,at Penton's expense 3. Dispose of its own waste and not allow material to accumulate beyond the structure's capacity 6. Abide by the access guidelines contained in Exhibit 1 B. King County shall: 1. Provide the necessary labor,equipment,materials,and contract res:tices:o constntct the."Vactor decant and temporary debris storage and sorting facility. 2. Utilize the containment vault at the facility when a"Vactor"load is suspected to contain contaminants 3. Test any"Vactor"kinds that are suspected to contain contaminants and determine disposal requirements. At Renton's request and expense,this shall include Renton's"Victor loads. 4. Abide by the access guidelines contained in Exhibit 3. 5. Arrange for disposal of the County's waste materials. 6. Perform in'crmittcnt contaminant testing of "Victor waste. 7.Comply with Metro's Discharge Authorization#408(see Exhibit 2)when decanting"Victor"liquids at the decant station. 8. Provide insurance coverage for loss or damage through no fault of either party. 9. Provide Renton with written notification of any proposed major maintenance changes where total costs exceed $10,000. The proposed work must be agreed to by both parties in writing TV. Costs The Parties agree to the following division of costs: • A. Renton shall: • • I. Pay 24%of the labor and materials costs incurred by King('outity and any contractors hired by King;County for construction of the facility. The amount paid by Renton for construction costs(materials and labor)shall not exceed$42,625. 2. Pay 247%n of all permit fees required by Renton's Building and Planting Department to build the facility 3. Pay for all costs associated with disposal of wastes collected by Renton. Renton shall not pay for disposal costs for wastes collected by King County. If Renton chooses,the County will dispose of City's waste and bill the City actual cost including administrative overhead and ttitcct labor. • B. King County shall: 1. Pay 76%of the labor and materials costs lot construction of the facility. The amount paid by King County for • construction costs(materials and labor)shall not exceed$137,375 2. Pay 76%of all permit fees required by Renton's Building and Planning Department to build the facility. 3. Pay for cost of intermittent contaminant testing of-Vactor"solids 4. Pay for all costs associated with disposal of solid wastes which have been collected buy King County. King County shall not pay for disposal of wastes generated by Renton•except as provided per IV A.3 of this agreemem. • V. Bitting and Payment The Parties agree to the following stipulations concerning billing and payment: A. Renton shall: 1. Submit a monthly statement to the King County Roads and Engineering Division,Roads Maintenance Section which both summarizes and tabulates the number of"Vactor"truck loads delivered to the"Vactor waste drying site and the date of"Victor"solid waste transference. • 2. Pay all invoices front King County within 30 days of billing. 3, bill for utility usage. ;.; B. King County shall: 1. Bill Renton monthly for its share of the maintenance of the facility,insurance cost,and utilities. The cost share shall be based on the calculated percentage based on weighted average based on use of the liquid decant area and 38%•of the monthly cost for the stockpile area submitted by Renton amid accounting of the daily use tickets • *2200 square feet of Renton stockpile area/5800 squats feet of total stockpile area C. Nothing herein shall be construed as obligating Renton or King County to expend money in excess of • appropriations authorized by law and administratively allocated for this work. VI, Duration,Termination,and Amendment • • The Parties agree to the following. j A.This agreement is effective upon signature by the Parties and remains in effect until December 31,2000 and may be extended by mutual agreement indefinitely in five year increments, - B.This agreement may be terminated by either Party upon 30 days written notice. In the event of termination, payment will be made for work performed to the date of termination in the proportion agreed to by the Parties. • 1 1-7- . . . _. . . _. , . _______, The Building shall remain the property of the County and the County shall buy back the('ity's share at current value. i C.This agreement may be amended,altered,clarified,or extended only by the written agreement of the Parties • hereto. An equitable adjustment in cost or period of performance or both may be made if required Ity the change. i F U.This agreement is not assignable by either Party,in whole or in part VII. Indemnification and Hold Ilarnries% . • 1 The Parties agree to the following: , • Each Party shall protect,defend,indemnify,and save harmless the otter Party,its officers,officials,employees. . and agents while acting within the scope of its employment as such,I'rnm airy and all costs,churns,judg,tnents, • and/or awards of damages,ari;ing out of or in any way resulting from the indemnifying Patty's oss n neglig;ent acts V or omissions. Each Party agrees that its obligations under this subparagraph extend to any claim,demand,and/or cause of action brought by or on behalf of am employees,or agents Nor this purpose,each Parry,b mutual `.;.s, , : i negotiation,hereby waives,with respect to the other Party only,any immunity that would otherwise by available ,``'•'� ` t against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that either Party ?� i�!; incurs any judgment,award,and/or cost arising therefrom including attorneys'fees to enforce the provisions of .',% I this Article,all such fees,expenses,and costs shall be recoverable front the responsible Party to the extent of that Party's culpability. • IN WITNESS WHEREOF,the Parties hereto have executed this agreement on the i. day ot__._ . __ _ _-- 1`y_ - Approved as to Norm King!'anus: By:__________________________ '3y_. _._.__-_ • J Title:Del n tErnSeentitti;.Altorliey: Title. Bing cc?F.rtla:_r•_';cctilive • • Approved as to Form Renton • i _r_� • 1 'title: 1,t1e 1 • • i • 4 i t • • • • ;.J t . . _ . . . ._ . i 1 .r--.- . -7.-., _ r i 9 Exhibit 3 Access Guidelines l I. The Vactor Decant and Temporary Debris Slo►:agc and Sorting Facility will be open for operation 24 hours per day. However.on Monday through Friday after normal working hours and on Saturdays,Sundays,and holidays. Site access will be limited to keyed entry only. 2. The facility will be accessible via the following routes• (a). Through the King County compound cuterint;front Monroe Avenue Northeast and Northeast 2nd Street. i lb). Via the perimeter road accessed from the City of Renton Public Works Facility located on Northeast 2nd I i I Street. + i tit..r4 1 • ••tiS h,.lj;��:. S t ii I i i fi• 1 pv' ... • +JS•S.,I, r{�: if.t z' s,, • i• i' x.a.pj. (�Yd .i 1'1 yi tit '� ,,�� , • Gj A CITY OF RENTON, WASHINGTON RESOLUTION NO. 3155 A RESOLUTION OF THE CITY CF RENTON, WASHINGTON, AUTHORIZING THE MAYuR AND CITY CLERK TO ENTER INTO A NEW INTERI,OCAL COOPERATIVE AGREEMENT WITH KING COUNTY FOR FUNDING AN OPERATION OF A VACTOR DECANT AND TEMPORARY DEBRIS STORAGE AND SORTING FACILITY. WHEREAS, the City of Renton, as part of its road maintenance • activities, generates debris composed of concrete, asphalt. ,'4,ah.. soils, leaves, and other related material; and • WHEREAS, storm drainage control facilities generate sediments; and WHEREAS, vactor trucks generate solid and liquid waste; and WHEREAS, King County generates similar types of waste; and WHEREAS, a common area for disposing of these wastes would be mutually advantageous to King County and the City of Renton; and WHEREAS, King County and the City of Renton have negotiated an agreement for vactor decant and temporary debris storage and sorting; and WHEREAS, entering into such an agreement would be advantageous to the citizens of the City of Renton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO RESOLVE AS FOLLOWS: SE .ON I. The above findings are true and correct in all respects. Ux;I_IQ}S_ELL. The Mayor and City Clerk are hereby • authorized to enter into an interlocal cooperative agreement with f ; " ,. • '�; �,, PRS..; - ..�jj'R:16"ate• 11 y„r..w wve.RNi•. �,.aY....l2�:fSw'WkaY�TD:11Hn4W4r.ON<M:ia'N}9U.:<.+,.t i^,�.����.r .1.1. ir";71,,..V4a ,.- ' ', ' '.;-' • . . , RESOLUTION NO. 3155 . . 1 .• 1 ' I King County for vactor decant and temporary debris storage and • sorting facility. • PASSED BY THE CITY COUNCIL this 23rd day of -.. ! •: - Octobor , 1995 . / . )2.1442/ , k-e44-6kti Manly, J Petersen, City Clerk APPROVED BY THE MAYOR this 23rd day of October 1995 . .. ( \I N.....„._ Earl Clymer, Mayors Approved as to form: i ; • La. ence JTwan, City Attorney RES .459 : 7/05/95 :as. 1 •. : -• . ,;;::•: .1 2 • , . . . . . .