HomeMy WebLinkAbout08436ORDINANCE NO. 8436
AN ORDINANCE AMENDING CHAPTERS 7 AND 9 OF
TITLE XVI OF THE PUEBLO MUNICIPAL CODE
RELATING TO SEWER USE REGULATION AND
PRETREATMENT PROGRAM REQUIREMENTS FOR
INDUSTRIAL USERS, AND PROVIDING PENALTIES FOR
THE VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being omitted; underscoring indicates new matter being added)
SECTION 1.
Subparagraphs (5) and (8) of subsection (b) and subsection (c) of Section 16-7-2
of Chapter 7 of Title XVI of the Pueblo Municipal Code, as amended, are amended to
read as follows:
Sec. 16-7-2. Surcharge classification and rates.
. . .
(b) The following definitions or meanings apply to the formula in Subsection (a) above:
. . .
(5) "BOD" means the five-day biochemical oxygen demand strength index of the
user's discharge to the system in milligrams per liter by weight as determined by the
[]
Wastewater Director
Director of Public Works.
. . .
(8) "SS" means the total suspended solids strength index in milligrams per liter by
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Wastewater Director
weight as determined by the Director of Public Works.
. . .
(c) All users subject to excessive strength surcharges shall have samples of their
[
discharge collected and a test report prepared in a manner approved by the Director of
]Wastewater Director
Public Works at least twice annually or more frequently if so
[]Wastewater Director
directed by the Director of Public Works . By way of illustration,
and not by way of limitation, the following classes of industrial and commercial
enterprises may be subject to excessive strength surcharges: malt producers, macaroni
and spaghetti producers, fabricated plate works, manufacturing industries, linen
suppliers, fruit and vegetable canning, ink manufacturing, printers, sugar processing,
commercial or industrial laundries, hotels, restaurants, tallow rendering, corrugated box
producers, steel manufacturing, meat packing, bakeries, dairy products processing,
drum cleaning, pharmaceutical manufacturers, miscellaneous food manufacturers, grain
mills, leather tanning, inorganic chemical manufacturers, animal fats and oilprocessing,
and slaughterhouses.
SECTION 2.
The introductory portion of Section 16-7-5 of Chapter 7 of Title XVI of the Pueblo
Municipal Code, as amended, is amended to read as follows:
Sec. 16-7-5. Appeals.
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Wastewater Director
Individual users may appeal to the Director of Public Works
for a reduction of any individual billing or a change in the class assigned to the user.
[]
Appeals must be submitted on a form specified by the Director of Public Works
Wastewater Director
prior to the date upon which the bill becomes delinquent.
Appeals may be requested for any of the following reasons:
. . .
SECTION 3.
Section 16-7-6 of Chapter 7 of Title XVI of the Pueblo Municipal Code, as
amended, is amended to read as follows:
Sec. 16-7-6. Decision on appeal.
[]
Wastewater Director
The Director of Public Works, with the approval of the City
Manager, may approve or reject individual appeals within ninety (90) days of receipt of
the appeal. During the time an administrative appeal is pending, the delinquency
provisions of this Chapter shall not apply to the billing or billings of the individual user
who properly filed such appeal, provided that such appeal was not frivolous or brought
[]
merely for purposes of delay. The decision of the Director of Public Works
Wastewater Director
shall be final and binding on the party filing the appeal and the
City.
SECTION 4.
Subsections (a) and (b) of Section 16-7-7 of Chapter 7 of Title XVI of the Pueblo
Municipal Code, as amended, is amended to read as follows:
Sec. 16-7-7. Sampling.
[
(a) The manner in which samples are collected shall be designated by the Director
]
Wastewater Director
of Public Works . Various sampling procedures may be utilized
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Wastewater Director
as the Director of Public Works deems appropriate.
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Wastewater Director
(b) If, in the judgment of the Director of Public Works , the
accuracy of the samples is questionable, a written order shall be issued to the owners
or operators of the establishment discharging into the system requiring that they
construct a control manhole on their premises for the purposes of monitoring and
sampling the effluent discharged into the public system. The location and specifications
[]
of the control manhole shall be determined by the Director of Public Works
Wastewater Director
.
. . .
SECTION 5.
The introductory portion of Section 16-7-9 of Chapter 7 of Title XVI of the Pueblo
Municipal Code, as amended, is amended to read as follows:
Sec. 16-7-9. Biennial review.
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Wastewater Director
The Director of Public Works shall review the wastewater
contribution of users and user classes, the total costs of operation and maintenance of
the treatment works and the user charge system no less often than every two (2) years.
[
] st of odd
The next such biennial review shall be completed on or before July 1, 1987
number years
. The charges for users or user classes shall be revised by the City
Council based upon such biennial reviews to accomplish the following:
. . .
SECTION 6.
Section 16-7-10 of Chapter 7 of Title XVI of the Pueblo Municipal Code, as
amended, is amended to read as follows:
Sec. 16-7-10. Effluent meter.
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Wastewater Director
If, in the judgment of the Director of Public Works , the water
consumption of the discharging industry leads to a distorted discharge, due to the
industrial process or use of well water, an effluent meter shall be required to be installed
by the owner or operator of the premises. Notification of this requirement shall be made
in writing and the type of metering device to be installed shall receive prior approval of
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Wastewater Director
the Director of Public Works .
SECTION 7.
Section 16-7-11 of Chapter 7 of Title XVI of the Pueblo Municipal Code, as
amended, is amended to read as follows:
Sec. 16-7-11. Inspection.
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Wastewater Director
The Director of Public Works shall have access to the
premises of any producer of sewage being discharged into the City's sewer system to
take samples at a control manhole, to inspect the sewage producing processes, and to
inspect any on-site treatment measures being utilized.
SECTION 8.
Section 16-7-12 of Chapter 7 of Title XVI of the Pueblo Municipal Code, as
amended, is amended to read as follows:
Sec. 16-7-12. On-site treatment.
Nothing contained within this Chapter shall prohibit the construction of on-site, private
sewage treatment facilities to avoid the imposition of the surcharge or to eliminate waste
materials prohibited by this Chapter, provided that any such treatment facilities
[]
constructed shall receive the prior approval of the Director of Public Works
Wastewater Director
and comply with the applicable regulations of the City and the
[]
Colorado Department of Public Health and
Colorado Health Department
Environment
.
SECTION 9.
Subsections (7) and (8) of Section 16-7-13 of Chapter 7 of Title XVI of the Pueblo
Municipal Code, as amended, is amended to read as follows:
Sec. 16-7-13. Prohibited waste.
It shall be unlawful for any person to discharge any of the following substances into the
City’s sewer system:
. . .
[
(7) Any wastewater having a temperature which will inhibit biological activity in
the POTW treatment plant resulting in interference. In no case shall the temperature of
the discharge entering the POTW collection system leading to the treatment plant
exceed 65ºC (150ºF), nor shall heat be contributed in such quantities that the
]
Pollutants which
temperature at the POTW treatment plant exceeds 40ºC (104ºF).
create a fire or explosion hazard in the POTW, 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.
(8) Any pollutants, including oxygen demanding pollutants (Biochemical Oxygen
[
Demand [BOD]), released at a flow rate and/or pollutant concentration which a user
]
knows or has reason to know will cause interference to the POTW.
. . .
SECTION 10.
Subsection (a) of Section 16-7-15 of Chapter 7 of Title XVI of the Pueblo
Municipal Code, as amended, is amended to read as follows:
Sec. 16-7-15. Clear water.
(a) It shall be unlawful for any person to discharge storm water, surface water,
ground water, roof runoff, subsurface drainage, cooling water or other such clear water
into the City's sanitary sewer system, unless such discharge is approved by the
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Wastewater Director
Director of Public Works for purposes of disposal of polluted
waters or to abate a public nuisance or a safety hazard. Such clear water shall be
discharged into such sewers that are specifically designated as storm sewers or to a
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Wastewater Director
natural outlet approved by the Director of Public Works .
. . .
SECTION 11.
Subsection (a) of Section 16-7-16 of Chapter 7 of Title XVI of the Pueblo
Municipal Code, as amended, is amended to read as follows:
Sec. 16-7-16. Grease interceptors.
(a) Grease, oil or sand interceptors shall be provided when they are necessary in the
[]
Wastewater Director
opinion of the Director of Public Works or are required by
adopted codes of the City for the proper handling of liquid wastes containing grease in
excessive amounts or any flammable wastes, sand and other harmful ingredients,
except that such interceptors shall not be required for private living quarters or dwelling
[
units. All interceptors shall be of a type and capacity approved by the Director of
]
Wastewater Director
Public Works or as required by the codes adopted by the City.
Grease and oil interceptors shall be constructed of impervious materials capable of
withstanding abrupt and extreme changes in temperature. They shall be of substantial
construction, watertight and equipped with easily removable covers which when bolted
in place shall be gastight and watertight.
. . .
SECTION 12.
Section 16-7-18 of Chapter 7 of Title XVI of the Pueblo Municipal Code, as
amended, is amended to read as follows:
Sec. 16-7-18. Building permits.
Prior to issuance of a building permit for the construction of any industry or
[
establishment which utilizes a wastewater-producing industrial process, the Director of
]
Wastewater Director
Public Works shall inspect the proposed processes and
ascertain that no wastewater prohibited under this Chapter shall be discharged into the
public sanitary sewer.
SECTION 13.
Section 16-7-19 of Chapter 7 of Title XVI of the Pueblo Municipal Code, as
amended, is amended to read as follows:
Sec. 16-7-19. Violation notices and penalty.
(a) Any person found to be violating any provision of this Chapter shall be served
with written notice stating the nature of the violation and providing a reasonable time
limit, not to exceed ninety (90) days, for the satisfactory correction thereof. The
offender shall, within the period of time stated in such notice, permanently cease all
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Wastewater
violations and shall certify in writing to the Director of Public Works
Director
that the corrections have been made.
[
(b) Notwithstanding the foregoing or any other provision hereof, the Director of
]
Wastewater Director
Public Works , upon receipt of evidence that any person is
violating any provision of this Chapter, may, and he or she is authorized and
empowered to in the name of and on behalf of the City, file an action in the District
Court to enjoin and restrain any person causing or contributing to the prohibited act or
violation to immediately cease and stop such prohibited act or violation or to take such
other action as may be necessary to become and remain in compliance with the
provisions hereof. Any person found to be in violation of any provision hereof and so
enjoined and restrained shall forfeit and pay to the City the sum of three hundred dollars
($300.00) per day for each day such violation has occurred, together with all costs of
such action including a reasonable attorney's fee.
SECTION 14.
Section 16-7-22 of Chapter 7 of Title XVI of the Pueblo Municipal Code, as
amended, is amended to read as follows:
Sec. 16-7-22. Director.
[]
Whenever the words Director of Public Works Wastewater Directorare used
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Wastewater Director
herein, they shall include the Director of Public Works of the
City and his or her authorized representative or agent.
SECTION 15.
Subsection (d) of Section 16-7-23 of Chapter 7 of Title XVI of the Pueblo
Municipal Code, as amended, is amended to read as follows:
Sec. 16-7-23. Use of public sewers required.
. . .
(d) The owner of all houses, buildings or properties used for human occupancy,
employment, recreation or other purposes, situated within the City, is hereby
required at the owner's expense to install suitable toilet facilities therein and to
connect such facilities directly with the City's sewer system in accordance with
the provisions of this Chapter, within ninety (90) days after the date of official
notice to do so, provided that said public sewer is within four hundred (400)
feet of the property line; provided, however, that if it is demonstrated to the
[]
Wastewater Director
satisfaction of the Director of Public Works that
connection to the City's sewer system is infeasible due to the existence of a
substantial physical barrier between the premises to be served and the City's
sewer system, such as a river, limited access highway, rail yard or similar
obstruction, this requirement may be temporarily waived by the City Manager
until such time as connection becomes feasible. Inability to finance the
expense of connection shall not constitute grounds for waiver of the
requirement to connect.
SECTION 16.
Section 16-7-26 of Chapter 7 of Title XVI of the Pueblo Municipal Code, as
amended, is amended to read as follows:
Sec. 16-7-26. Enforcement by City.
The provisions of this Chapter and Chapter 9 of this Title concerning prohibited
discharges, pretreatment, inspection, monitoring, reporting and enforcement are
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Wastewater Director
enforceable by the City or the Director of Public Works directly
against any user or contributor to the City system, notwithstanding that such user may
be served by or through Blende Sanitation District or through other sanitation districts.
SECTION 17.
Subsection (c) of Section 16-9-1 of Chapter 9 of Title XVI of the Pueblo Municipal
Code, as amended, is amended to read as follows:
Sec. 16-9-1. Purpose and policy.
. . .
(c) This Chapter shall apply to the City and to persons outside the City who are, by
contract or agreement with the City, users of the City's Publicly Owned
[
Treatment Works (POTW). Except as otherwise provided herein, the Director
]
Wastewater Director
of Utilities shall administer, implement and enforce the
provisions of this Chapter
. . .
SECTION 18.
Section 16-9-2 of Chapter 9 of Title XVI of the Pueblo Municipal Code, as
amended, is repealed in its entirety and re-enacted to read as follows:
[
Sec. 16-9-2. Definitions.
As used in this Chapter, the following words and terms shall have the meaning set
forth below:
(1) Act or the Act means the Federal Water Pollution Control Act, also known as
the Clean Water Act of 1971, 33 U.S.C. §1251, et seq., as amended.]
(2) Approval Authority means the Regional Administrator of the U.S.
Environmental Protection Agency (EPA).
(2.5) Best Management Practices or BMPs means schedules of activities,
prohibitions of practices, maintenance procedures and other management practices
to implement the prohibitions listed in 40 C.F.R. § 403.5(a)(1) and (b). BMPs also
include treatment requirements, operating procedures and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal or drainage from raw materials
storage. Best Management Practices may be used as local limits and Pretreatment
Standards.
(3) An authorized representative of industrial user may be:
a. A principal executive officer of at least the level of vice president, if the
industrial user is a corporation;
b. A general partner or proprietor if the Industrial User is a partnership or
proprietorship, respectively;
c. A duly authorized representative of the individual designated above if such
representative is responsible for the overall operation of the facilities from which
the indirect discharge originates.
(4) C.F.R. means the Code of Federal Regulations as amended or as the same
may be subsequently amended.
(5) Consistent POTW removal or pollutant removal or removal or consistent
removal means the reduction in the amount of a pollutant or alteration of the nature
of a pollutant in the influent to a POTW to a less toxic or harmless state in the
effluent. Consistent removal shall be the average of the lowest fifty percent (50%) of
the removals measured in accordance with 40 C.F.R. § 403.7(b)(2), as amended.
(6) Control authority shall mean the City.
(7) Direct discharge means the discharge of treated or untreated wastewater
directly to the waters of the State.
(8) Director means the Director of Wastewater of the City or his or her designee.
(9) Enforcement Authority means the control authority and/or Approval Authority
as herein defined.
(10) EPA or Environmental Protection Agency means the U.S. Environmental
Protection Agency, or where appropriate the term may also be used as a designation
for the Administrator or other duly authorized official of said agency.
(10.5) Grab sample means a single sample taken of a waste stream, water body
or other liquid flow which is not proportioned on the basis of time, flow quantity or
location.
(11) Indirect discharge means the introduction of pollutants into the POTW from
any nondomestic source regulated under Section 307(b), (c) or (d) of the Act (33
U.S.C. 1317).
(12) Industrial user means a source of indirect discharge.
(13) Interference means a discharge which, alone or in conjunction with a
discharge or discharges from other sources, both: (a) inhibits or disrupts the POTW,
its treatment processes or operations, or its sludge processes use or disposal; and
(b) therefore is a cause of a violation of any requirement of the POTW's NPDES
permit (including an increase in the magnitude or duration of a violation) or the
prevention of sewage sludge use or disposal in compliance with the following
statutory provisions and regulations or permits issued thereunder (or more stringent
state or local regulations): Section 405 of the Clean Water Act, the Solid Waste
Disposal Act (SWDA) (including Title II thereof, more commonly referred to as the
Resource Conservation and Recovery Act (RCRA), and including state regulations
contained in the state sludge management plan prepared pursuant to subtitle D of
the SWDA), the Clean Air Act, the Toxic Substance Control Act and the Marine
Protection, Research and Sanctuaries Act.
(14) National Categorical Pretreatment Standard or Categorical Standard or
Pretreatment Standard means any regulation containing pollutant discharge limits
promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. 1347) which applies to a specific category of industrial users.
(15) National Prohibitive Discharge Standard or Prohibitive Standard means any
regulation developed under the authority of Section 307(b) of the Act and 40 C.F.R.
§ 403.5.
(16) National Pollution Discharge Elimination System (NPDES) Permit means a
permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
(17) New source means any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of which commenced
after the publication of proposed Pretreatment Standards under Section 307(c) of the
Act which will be applicable to such source if such standards are thereafter
promulgated in accordance with that section, provided that:
a. The building, structure, facility or installation is constructed at a site at which
no other source is located;
b. The building, structure, facility or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing
source; or
c. The production or wastewater generating processes of the building, structure,
facility or installation are substantially independent of an existing source at the
same site. In determining whether these are substantially independent, factors
such as the extent to which the new facility is integrated with the existing plant,
and the extent to which the new facility is engaged in the same general type of
activity as the existing source should be considered.
(18) Pass through means a discharge which exits the POTW into waters of the
United States in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of the POTW's NPDES permit (including an increase in the magnitude or
duration of a violation).
(19) Person means any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental entity or
any other legal entity, or their legal representatives, agents or assigns.
(20) Pollutant means any dredged spoil, solid waste, incinerated residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt
and industrial, municipal and agricultural waste, medical waste and any other
materials discharged into water that are determined by the EPA or Director to be
harmful to the public health, safety or welfare.
(21) Pretreatment means the reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties in wastewater to a
less harmful state prior to or in lieu of discharging or otherwise introducing such
pollutants into the POTW. The reduction or alteration can be obtained by physical,
chemical or biological processes, or process changed by other means, except as
prohibited by 40 C.F.R. § 403.6(d).
(22) Pretreatment Standards means any regulation containing pollutant discharge
limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act,
which applies to industrial users. This term includes prohibitive discharge limits
established pursuant to 40 C.F.R. § 403.5.
(23) Pretreatment requirements means any substantive or procedural requirement
related to Pretreatment, other than a National Pretreatment Standard, imposed on an
industrial user.
(24) Publicly owned treatment works (POTW) means a treatment work as defined
by Section 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the
City. The term also means the municipality as defined in Section 502(4) of the Act,
which has jurisdiction over the indirect discharges to and the discharges from such a
treatment works. This definition includes any sewers that convey wastewater to the
POTW treatment plant, but does not include pipes, sewers or other conveyances not
connected to a facility providing treatment.
(25) POTW treatment plant means that portion of the POTW designed to provide
treatment to the wastewater
(26) U.S.C. means the United States Code.
(27) Shall and will are mandatory: May is permissive.
(28) Toxic pollutant means any pollutant or combination of pollutants listed as
toxic in regulations promulgated by the Administrator of the EPA under the provisions
of Section 307(a) of the Act or other federal, state of local regulations.
(29) User means any person using or connected to the City's POTW.
(30) Wastewater means the liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions, together
with any groundwater, surface water and storm water that may be present, whether
treated or untreated, which is contributed into or permitted to enter the POTW.
(31) Waters of the State means all streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems
and all other bodies or accumulations of water, surface or underground, natural or
artificial, public or private, which are contained within, flow through or border upon the
State or any portion thereof.
(32) Industrial user permit or IUP means the permits required to be held by all
industrial users issued in accordance with the provisions of this Chapter and which
serve as one (1) of the City's control mechanisms to ensure that industrial users meet
all applicable Pretreatment Standards and requirements.
(33) Significant industrial user means any industrial user which: (a) is subject to
any Categorical Pretreatment Standard under 40 C.F.R. § 403.6 or 40 C.F.R.
Chapter I, subchapter N; (b) discharges an average of twenty-five thousand (25,000)
gallons per day or more of process wastewater to the POTW, excluding sanitary
noncontact cooling and boiler blow-down wastewater; (c) is designated as such by
the Director, using his or her best professional judgment, on the basis that the
industrial user has a reasonable potential for adversely affecting the POTW's
operation or for violating any Pretreatment Standard or requirement; or (d)
contributes a process wastestream which makes up five percent (5%) or more of the
average dry weather hydraulic or organic capacity of the POTW treatment plant.
(34) Significant noncompliance (SNC) means:
a. Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent (66%) or more of all of the measurements taken for the
same pollutant parameter during a six-month period exceed (by any magnitude) a
numeric Pretreatment Standard or Requirement, including instantaneous limits, as
defined by 40 C.F.R. § 403.3(1);
b. Technical Review Criteria (TRC) violations, defined here as those in which
thirty-three percent (33%) or more of all of the measurements taken for the same
pollutant parameter during a six-month period equal or exceed the product of the
numeric Pretreatment Standard or Requirement, including instantaneous limits, as
defined by 40 C.F.R. § 403.3(1) multiplied by the applicable TRC (TRC = 1.4 for
BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH);
c. Any other violation of a Pretreatment Standard or Requirement as defined by
40 C.F.R. § 403.3(1) (daily maximum, long-term average, instantaneous limit, or
narrative Standard) that the POTW determines has caused, alone or in
combination with other discharges, interference or pass through (including
endangering the health of POTW personnel or the general public);
d. Any discharge of a pollutant that has caused imminent endangerment to
human health, welfare or to the environment or has resulted in the POTW's
exercise of its emergency authority to halt or prevent such a discharge;
e. Failure to meet, within ninety (90) days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement order
for starting construction, completing construction or attaining final compliance;
f. Failure to provide, within forty-five (45) days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance reports,
periodic self-monitoring reports and reports on compliance with compliance
schedules;
g. Failure to accurately report noncompliance;
h. Any other violation or group of violations, which may include a violation of
Best Management Practices, which the POTW determines will adversely affect the
]
operation or implementation of the local pretreatment program.
Sec. 16-9-2. Definitions.
As used in this Chapter, the following words and terms shall have the
meanings set forth below:
(1) or means the Federal Water Pollution Control Act, also
Actthe Act
known as the Clean Water Act of 1971, 33 U.S.C. §1251, et seq., as amended.
(2) Administrative Orders (AOs) are enforcement Documents that direct
industrial users to undertake and/or cease specified activities by specific
deadlines. The terms of an AO may or may not be negotiated with Industrial
Users. AOs may incorporate compliance schedules, administrative penalties,
termination of service and Show Cause orders. An AO is the minimum level of
enforcement used to address Significant Noncompliance.
(3) means the Regional Administrator of the U.S.
Approval Authority
Environmental Protection Agency (EPA).
(4)An of an industrial user may be:
Authorized Representative
(a) If the User is a Corporation: the President, Secretary, Treasurer, or a
Vice–President of the corporation in charge of a principal business function,
or any other person who performs similar policy or decision-making
functions for the corporation; or
(b) The manager of one (1) or more manufacturing, production, or
operating facilities, provided that the manager is authorized to make
management decisions that govern the operation of the regulated facility,
including having the explicit or implicit duty of making major capital
investment recommendations and initiate and direct other comprehensive
measures to assure long-term environmental compliance with environmental
laws and regulations; can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for
individual wastewater discharge permit requirements; and where authority
to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures;
(c) A general partner or proprietor if the Industrial User is a partnership or
proprietorship, respectively;
(d). A duly authorized representative of the individual designated above if
such representative is responsible for the overall operation of the facilities
from which the indirect discharge originates.
(e) If the user is a Federal, State, or local government facility: a Director or
highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or their designee.
The individuals described in subparagraphs a. through e. above may
designate a duly authorized representative if the authorization is in writing,
the authorization specifies the individual or position responsible for the
overall operation of the facility from which the discharge originates or
having overall responsibility for environmental matters for the company, and
the written authorization is submitted to the City.
(5) or means schedules of activities,
Best Management PracticesBMPs
prohibitions of practices, maintenance procedures and other management
practices to implement the prohibitions listed in 40 C.F.R. § 403.5(a)(1) and (b).
BMPs also include treatment requirements, operating procedures and
practices to control plant site runoff, spillage or leaks, sludge or waste
disposal or drainage from raw materials storage. Best Management Practices
may be used as local limits and Pretreatment Standards.
(6) means an Industrial User Subject to a
Categorical Industrial User
Categorical Pretreatment Standard or Categorical Standard.
(7) means theCode of Federal Regulations as amended or as the
C.F.R.
same may be subsequently amended.
(8) means procedures for collecting multiple
Composite Sample Method
samples over time to provide a representative analysis of effluent quality. It is
recommended that influent and effluent operational data be obtained through
24-hour flow proportional composite samples. Sampling may be done manually
or automatically, and discretely or continuously. If discrete sampling is
employed, at least 12 aliquots should be composited. Discrete sampling may
be flow proportioned either by varying the time interval between each aliquot
or the volume of each aliquot. All composites should be flow proportional to
either the stream flow at the time of collection of the influent aliquot or to the
total influent flow since the previous influent aliquot. Volatile pollutant aliquots
must be combined in the laboratory immediately before analysis.
(9)ororor
Consistent POTW removal pollutant removal removal consistent
means the reduction in the amount of a pollutant or alteration of the
removal
nature of a pollutant in the influent to a POTW to a less toxic or harmless state
in the effluent. shall be the average of the lowest fifty
Consistent removal
percent (50%) of the removals measured in accordance with 40 C.F.R. §
403.7(b)(2), as amended.
(10) means the City of Pueblo.
Control authority
(11) means the discharge of treated or untreated
Direct discharge
wastewater directly to the waters of the State.
(12) meansthe Wastewater Director of the City or his or her
Director
designee.
(13) means the control authority and/or Approval
Enforcement Authority
Authority as herein defined.
(14) or means the U.S. Environmental
EPAEnvironmental Protection Agency
Protection Agency, or, where appropriate, the term may also be used as a
designation for the Administrator or other duly authorized official of said
agency.
(15) means a single sample taken of a waste stream, water
Grab sample
body or other liquid flow which is not proportioned on the basis of time, flow
quantity or location.
(16) means the introduction of pollutants into the POTW
Indirect discharge
from any nondomestic source regulated under Section 307(b), (c) or (d) of the
Act (33 U.S.C. 1317).
(17) means a source of indirect discharge.
Industrial user
(18) or means the permits required to be held by
Industrial user permit IUP
all Significant or Categorical Users issued in accordance with the provisions of
this Chapter and serve as the City's control mechanisms to ensure that
industrial users meet all applicable Pretreatment Standards and requirements.
(19) means a discharge which, alone or in conjunction with a
Interference
discharge or discharges from other sources, both: (a) inhibits or disrupts the
POTW, its treatment processes or operations, or its sludge processes use or
disposal; and (b) therefore is a cause of a violation of any requirement of the
POTW's NPDES permit (including an increase in the magnitude or duration of a
violation) or the prevention of sewage sludge use or disposal in compliance
with the following statutory provisions and regulations or permits issued
thereunder (or more stringent state or local regulations): Section 405 of the
Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II
thereof, more commonly referred to as the Resource Conservation and Recovery
Act (RCRA), and including state regulations contained in the state sludge
management plan prepared pursuant to subtitle D of the SWDA), the Clean Air
Act, the Toxic Substance Control Act and the Marine Protection, Research and
Sanctuaries Act.
(20) or or
National Categorical Pretreatment StandardCategorical Standard
means any regulation containing pollutant discharge
Pretreatment Standard
limits promulgated by the EPA in accordance with Section 307(b) and (c) of the
Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
(21) means
National Pollution Discharge Elimination System (NPDES) Permit
a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
(22) or means
National Prohibitive Discharge StandardProhibitive Standard
any regulation developed under the authority of Section 307(b) of the Act and
40 C.F.R. § 403.5.
(23) means any building, structure, facility or installation from
New source
which there is or may be a discharge of pollutants, the construction of which
commenced after the publication of proposed Pretreatment Standards under
Section 307(c) of the Act which will be applicable to such source if such
standards are thereafter promulgated in accordance with that section, provided
that:
a. The building, structure, facility or installation is constructed at a site at
which no other source is located;
b. The building, structure, facility or installation totally replaces the
process or production equipment that causes the discharge of pollutants at
an existing source; or
c. The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent of an existing
source at the same site. In determining whether these are substantially
independent, factors such as the extent to which the new facility is
integrated with the existing plant, and the extent to which the new facility is
engaged in the same general type of activity as the existing source should
be considered.
(24) means a discharge which exits the POTW into waters of
Pass through
the United States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a violation of
any requirement of the POTW's NPDES permit (including an increase in the
magnitude or duration of a violation).
(25) means any individual, partnership, copartnership, firm,
Person
company, corporation, association, joint stock company, trust, estate,
governmental entity or any other legal entity, or their legal representatives,
agents or assigns.
(26) means any dredged spoil, solid waste, incinerated residue,
Pollutant
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste, medical waste
and any other materials discharged into water that are determined by the EPA
or Director to be harmful to the public health, safety or welfare.
(27) means that portion of the POTW designed to
POTW treatment plant
provide treatment to the wastewater
(28) means the reduction of the amount of pollutants, the
Pretreatment
elimination of pollutants or the alteration of the nature of pollutant properties in
wastewater to a less harmful state prior to or in lieu of discharging or
otherwise introducing such pollutants into the POTW. The reduction or
alteration can be obtained by physical, chemical or biological processes, or
process changed by other means, except as prohibited by 40 C.F.R. § 403.6(d).
(29) means any substantive or procedural
Pretreatment requirements
requirement related to Pretreatment, other than a National Pretreatment
Standard, imposed on an industrial user.
(30) meansany regulation containing pollutant
Pretreatment Standards
discharge limits promulgated by the EPA in accordance with Section 307(b)
and (c) of the Act, which applies to industrial users. This term includes
prohibitive discharge limits established pursuant to 40 C.F.R. § 403.5.
(31) means a treatment work as
Publicly owned treatment works (POTW)
defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned in this
instance by the City. The term also means the municipality as defined in
Section 502(4) of the Act, which has jurisdiction over the indirect discharges to
and the discharges from such a treatment works. This definition includes any
sewers that convey wastewater to the POTW treatment plant, but does not
include pipes, sewers or other conveyances not connected to a facility
providing treatment.
(32) and are mandatory; is permissive.
Shallwill may
(33) is a formal meeting requiring the Industrial User to
Show Cause Hearing
appear, explain its noncompliance, and show cause as to why more severe
enforcement actions against the user should not go forward. The meeting may
also serve as a forum to discuss corrective action and compliance schedules.
(34) means any industrial user which: (a) is
Significant industrial user
subject to any Categorical Pretreatment Standard under 40 C.F.R. § 403.6 or 40
C.F.R. Chapter I, subchapter N; (b) discharges an average of twenty-five
thousand (25,000) gallons per day or more of process wastewater to the POTW,
excluding sanitary noncontact cooling and boiler blow-down wastewater; (c) is
designated as such by the Director, using his or her best professional
judgment, on the basis that the industrial user has a reasonable potential for
adversely affecting the POTW's operation or for violating any Pretreatment
Standard or requirement; or (d) contributes a process wastestream which
makes up five percent (5%) or more of the average dry weather hydraulic or
organic capacity of the POTW treatment plant.
(35) means:
Significant noncompliance (SNC)
a. Chronic violations of wastewater discharge limits, defined here as
those in which sixty-six percent (66%) or more of all of the measurements
taken for the same pollutant parameter during a six-month period exceed (by
any magnitude) a numeric Pretreatment Standard or Requirement, including
instantaneous limits, as defined by 40 C.F.R. § 403.3(1);
b. Technical Review Criteria (TRC) violations, defined here as those in
which thirty-three percent (33%) or more of all of the measurements taken
for the same pollutant parameter during a six-month period equal or exceed
the product of the numeric Pretreatment Standard or Requirement, including
instantaneous limits, as defined by 40 C.F.R. § 403.3(1), multiplied by the
applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease and 1.2 for all
other pollutants except pH);
c. Any other violation of a Pretreatment Standard or Requirement as
defined by 40 C.F.R. § 403.3(1) (daily maximum, long-term average,
instantaneous limit, or narrative Standard) that the POTW determines has
caused, alone or in combination with other discharges, interference or pass
through (including endangering the health of POTW personnel or the general
public);
d. Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or the environment or has resulted in the POTW's
exercise of its emergency authority to halt or prevent such a discharge;
e. Failure to meet, within ninety (90) days after the schedule date, a
compliance schedule milestone contained in a local control mechanism or
enforcement order for starting construction, completing construction or
attaining final compliance;
f. Failure to provide, within forty-five (45) days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance reports,
periodic self-monitoring reports and reports on compliance with compliance
schedules;
g. Failure to accurately report noncompliance;
h. Any other violation or group of violations, which may include a
violation of Best Management Practices, which the POTW determines will
adversely affect the operation or implementation of the local pretreatment
program.
(36) means any pollutant or combination of pollutants listed
Toxic pollutant
as toxic in regulations promulgated by the Administrator of the EPA under the
provisions of Section 307(a) of the Act or other federal, state or local
regulations.
(37) means the United States Code.
U.S.C.
(38) means any person using or connected to the City's POTW.
User
(39) means the liquid and water-carried industrial or domestic
Wastewater
wastes from dwellings, commercial buildings, industrial facilities and
institutions, together with any groundwater, surface water and storm water that
may be present, whether treated or untreated, which is contributed into or
permitted to enter the POTW.
(40) means all streams, lakes, ponds, marshes,
Waters of the State
watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation
systems, drainage systems and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or private, which are
contained within, flow through or border upon the State or any portion thereof.
SECTION 19.
Section 16-9-3 of Chapter 9 of Title XVI of the Pueblo Municipal Code is
amended by repeal of a portion of subsection (a), to read as follows:
[]
Sec. 16-9-3. National Pretreatment Discharge Standards. Interference and pass
through
[
(a) Prohibited Pretreatment Discharge Standards. No user of the City's POTW
shall discharge any of the following substances into the POTW:
(1) Any liquids, solids or gases which by reason of their nature or quantity are
sufficient either alone or by interaction with other substances to cause fire or
explosion. Prohibited materials shall include, but are not limited to, gasoline,
kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and
any other substances which the City, the State or EPA has notified the user is a fire
or explosion hazard.
(2) Solid or viscous substances which may cause obstruction to the flow in the
POTW or other interference with the operation of the POTW treatment plant such as,
1
but not limited to: grease, garbage with particles greater than one-half inch (/2) in
any dimension, animal waste, guts or tissues, paunch manure, bones, hair, hides or
fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent
hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining
or processing of fuel or lubricating oil, mud/or glass grinding or polishing wastes.
(3) Acidity with a pH of less than 6.4 acidity or exceeding a maximum temporary
variation of pH to not less than 5.0 or wastewater having any other corrosive property
capable of causing damage or hazard to structures, equipment and/or personnel of
the POTW. The duration of any temporary variation shall not exceed thirty (30)
minutes in any eight-hour work shift. At no time shall the pH be less than 5.0
(4) Any noxious or malodorous liquids, gases or solids which either singly or by
interaction with other wastes are sufficient to create a public nuisance or hazard to
life or are sufficient to prevent entry into the sewers for maintenance and repair.
(5) Any substance which may cause the POTW's effluent or any other product of
the POTW such as residues, sludges or scums, to be unsuitable for reclamation and
reuse or to interfere with the reclamation process.
(6) Any wastewater with objectionable color not removed in the treatment process
such as, but not limited to dye wastes and vegetable tanning solutions.
(7) Any wastewater having a temperature which will inhibit biological activity in the
POTW treatment plant resulting in interference. In no case shall the temperature of
the discharge entering the POTW system leading to the treatment plant exceed 65º C
(150º F), nor shall heat be contributed in such quantities that the temperature at the
POTW treatment plant exceeds 40º C (104º F).
(8) Any pollutants, including oxygen demanding pollutants (Biochemical Oxygen
Demand (BOD), etc.), released at a flow rate and/or pollutant concentration which a
user knows or has reason to know that will cause interference to the POTW.
(9) Any wastewater containing any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Director in compliance with
applicable state or federal regulations.
(10) Any substance which will cause the POTW to violate its NPDES permit or the
receiving water quality standards.
(11) Any wastewater containing toxic pollutants in sufficient quantity, either singly
or by interaction with other pollutants, which injure or interfere with any wastewater
treatment process; or which constitute a hazard to humans or animals; or which
creates a toxic effect in the receiving waters of the POTW; or which exceed the
limitations set forth in Section 16-9-3(b), Categorical Pretreatment Discharge
Standards. A toxic pollutant shall include but shall not be limited to any pollutant
identified pursuant to Section 307(a) of the Act.
]
(12) Any wastewater that will cause interference or pass through to the POTW.
[
When the Director determines that a user is contributing to the POTW any of the above
]
enumerated substances in such amounts as to interfere with the operation of the
POTW, or is contributing a substance to the POTW which is not specifically mentioned
in this Chapter and such substance is presently interfering and is likely to interfere in the
future with the operation of the POTW or contribute to a violation of the POTW's NPDES
permit, the Director shall:
a. Advise the user of the impact of the contribution on the POTW;
b. Develop discharge limitations for such user to correct the interference with the
POTW; and
c. Undertake appropriate enforcement against such user.
SECTION 20.
Subsection (a) of Section 16-9-7 of Chapter 9 of Title XVI of the Pueblo Municipal
Code, as amended, is amended by the addition of a new subparagraph (6) thereto and
renumbering of subparagraphs (6) and (7) to read as follows:
Sec. 16-9-7. Reporting requirements.
(a) Initial Compliance Report. Within one hundred eighty (180) days after the
promulgationaNational Categorical Pretreatment Standard, existing industrial users
of
subject to such National Pretreatment Standards and currently discharging in or
scheduled to discharge into a POTW will be required to submit to the control authority a
[]
(8)
report which contains the information listed in Paragraphs (1) through (7) of this
Subsection. At least ninety (90) days prior to commencement of discharge, new sources
and sources that become industrial users subsequent to the promulgation of an
applicable categorical standard shall be required to submit to the control authority a
report which contains the information listed in Paragraphs (1) through (5) of this
Subsection.
(1) The name and address of the industrial user;
(2) The location of such industrial user;
(3) The nature, average rate of production and standard industrial classification of
the operations carried out by such industrial user;
(4) The average and maximum flow of the discharge from such industrial user to
the POTW in gallons per day, or where approved by the control authority due to cost
or feasibility considerations, the average and maximum flow of the discharge as
estimated by verifiable techniques;
(5) The nature and concentration of pollutants in the discharge from each
regulated process from such industrial user and identification of the applicable
National Pretreatment Standards. The concentration shall be reported as a maximum
or average level as provided for in the applicable National Pretreatment Standard. If
an equivalent concentration limit has been calculated in accordance with Section 16-
9-8 of this Chapter, this adjusted concentration limit shall also be submitted to the
control authority for approval
(6) A list of all environmental permits held by the facility.
[]
(7)
(6) A statement, reviewed by an authorized representative of the industrial
user and certified to by a qualified professional, indicating whether National
Pretreatment Standards are being met on a consistent basis and, if not, whether
additional operation and maintenance (O. & M.) or additional pretreatment is required
for the industrial user to meet the Pretreatment Standards;
[]
(8)
(7) If additional pretreatment or O. & M. will be required to meet the
Pretreatment Standards, the shortest schedule by which the industrial user will
provide such additional pretreatment. The completion date in this schedule shall not
be later than the compliance date established for the applicable Pretreatment
Standard. This schedule shall comply with the conditions set forth in 40 C.F.R.
§403.12(c).
SECTION 21.
Section 16-9-12 of Chapter 9 of Title XVI of the Pueblo Municipal Code, as
amended, is amended by the addition of new subsection (e) thereto to read as follows:
Sec. 16-9-12. Monitoring and inspection.
. . .
(e) If the Industrial User monitors any pollutant more frequently than required
by its permit, using test procedures prescribed in 40 CFR Part 136 or
amendments thereto, or otherwise approved by EPA or as specified in this
permit, the results of such monitoring shall be included in any calculations of
actual daily maximum or monthly average pollutant discharge and the results
shall be reported in the report submitted to the City of Pueblo in accordance with
its permit.
SECTION 22.
Section 16-9-13 of Chapter 9 of Title XVI of the Pueblo Municipal Code, as
amended, is amended by amendment of subsections (b), (c), (d), and (f) thereof, by the
addition of subparagraphs (19) through (23) to subsection (c) thereof, and by the
addition of subparagraphs (2) and (3) to subsection (h) thereof, to read as follows:
Sec. 16-9-13. Industrial user permits.
. . .
(b) Application. Industrial users shall submit the application for an IUP on forms
[]
Wastewater Department
provided by the Department of Utilities and containing the
following information:
. . .
[]
Wastewater Director
(12) Any other information which the Director of Utilities
may reasonably request.
. . .
[]
Wastewater Director
(c) Permit Contents. The Director of Utilities shall review
the application and may make such other investigation as he or she deems appropriate.
[]
Wastewater Director
The Director of Utilities may request that additional information
[
be submitted by the industrial user. Upon completion of such review, the Director of
]
Wastewater Directormay deny or condition new or increased
Utilities
contributions of pollutants, or changes in the nature of pollutants, to the Water
Reclamation Facility (WRF) by Industrial Users where such contributions do not
meet applicable Pretreatment Standards and Requirement or where such
contributions would cause the WRF to violate its NPDES permit, or
shall issue the
IUP, which shall contain, but need not be limited to, the following:
. . .
The
(9) Requirements for submission of technical reports and discharge reports.
Industrial User is required to have a Chain of Custody with each sample taken.
(10) Requirements for maintaining and retaining plant records relating to
wastewater discharge as specified by the Director and affording the Director access
All sampling and records must be retained for a minimum of three
thereto.
years.
(11) Requirements for notification of any new introduction of wastewater
constituents or of any substantial change in the volume or character of the
[]
, or any increase or decrease in the
wastewater being introduced into the POTW.
flow being discharged to the POTW.
. . .
Section 16-9-14
(18) A statement of the City's available enforcement remedies.
(e) of this Code provides that any person who violates a permit condition is
subject to a civil penalty up to $25,000 per day for each day of such violation.
The permittee may also be subject to additional sanctions under state and/or
federal law.
(19) A statement that the Industrial User Permit is nontransferable without
prior written notification to the City.
(20) Upon reduction of efficiency of operation, or loss or failure of all or part
of the treatment facility, the permittee shall, to the extent necessary to maintain
compliance with its permit, control its production or discharges (or both) until
operation of the treatment facility is restored or an alternative method of
treatment is provided. This requirement applies, for example, when the primary
source of power of the treatment facility fails or is reduced. It shall not be a
defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of this permit.
(21) The permittee is required by federal law 40 CFR Section 403.12(p) to
notify the City, the EPA regional Waste Management Division Director, and
State hazardous waste authorities in writing of any discharge into the POTW of
a substance, which, if otherwise disposed of, would be a hazardous waste
under 40 CFR part 261. Such notification must include the name of the
hazardous waste as set forth in CFR part 261, the EPA hazardous waste
number, and the type of discharge (continuous, batch, or other).
(22) Any sampling or reporting which the Industrial User submits to the
City's pretreatment program shall be signed by an authorized representative of
the Industrial User who shall execute the following certification:
"I, (name) , hereby certify under penalty of law that this
sampling or report with all attachments was prepared under my
direction and supervision and that I have read and understand the
contents thereof and, to the best of my knowledge, information and
belief, the contents thereof are true, accurate and complete. I
understand that there are significant penalties for submitting false
information including the possibility of fine and imprisonment for
knowing violations."
(23) Self monitoring, sampling, reporting, notification and record keeping
requirements. These requirement shall include an identification of pollutants or
best management practices to be monitored, sampling locations, sampling
frequency, and sample type based on Federal and State law and City of Pueblo
Ordinance.
(d) Permit Appeals.
(1) Administrative Review. Any industrial user or other interested party aggrieved
or adversely affected by the issuance, denial or modification of a permit, or by any
one (1) or more of the terms of any permit, may seek review by filing a request for
[
review of permit decisions with the Director of the City's Bureau of Public Works,
]
Wastewater Director
and serving a copy thereof upon the Director of Utilities,
within fifteen (15) days of the date of the issuance, denial or modification of the
permit sought to be reviewed. The request for review of permit decision shall identify
the party appealing, shall state the decision or matter being appealed, shall contain a
detailed statement of the reasons why the permit decision should be reversed or
modified, and shall state what relief, alternate term or decision the appealing party
[]
seeks. Upon timely receipt of such request, the Director of Public Works
Wastewater Director
shall schedule a hearing on the issues raised, at which the
burden shall be upon the appealing party to show that the permit decision should be
reversed or modified. The hearing shall be conducted as a quasi-judicial matter and
[]
Wastewater
a record kept of the proceedings. The Director of Public Works
Director
shall then issue a final decision on the appeal.
[
(2) Judicial Review. Judicial review of any final decision of the Director of the
]
Wastewater Director
Bureau of Public Works may be taken pursuant to C.R.C.P.
106(a)(4). Review in such case shall be limited to whether the final permit decision
was in excess of the City's jurisdiction or authority. Review shall not be available to
[
review any matter within the discretion of the Director of Utilities or of the Director of
]
Wastewater Director
the Bureau of Public Works.
. . .
(f) Permit Suspension or Termination. IUPs may be terminated or suspended by the
City for the following reasons:
(1) Submission of false or misleading self-monitoring reports. 16-53
(2) Tampering with monitoring equipment.
(3) Refusing to allow timely access to the facility premises and records.
(4) Failure to meet effluent limitations.
(5) Failure to pay fines.
(6) Failure to pay sewer user charges provided for by this Title.
(7) Failure to meet permit compliance schedules.
Termination or suspension shall not be effective, except in cases where necessary for
immediate protection of public health, safety or welfare or to avoid violation of the City's
NPDES permit, until the industrial user shall have been afforded notice of the grounds
[
therefor and an opportunity for hearing. Hearings shall be held before the Director of
]
Wastewater Director
Public Works as provided for permit decision appeals, and his or
her decision shall be final subject only to judicial review pursuant to C.R.C.P. 106(a)(4).
. . .
(h) Enforcement. In the event any industrial user violates any provision of this Title,
any term of an IUP or any federal, state or local Pretreatment Standard or requirements,
the City may exercise any one (1) or more of the following remedies, which remedies
are hereby expressly declared to be cumulative, the exercise of any one (1) or more not
constituting any bar or limitation to the exercise of any other:
(1) Issuance of an administrative notice of violation with or without an
or order to take a specified action. If it
accompanying cease and desist order
includes such an order it shall constitute an Administrative Order.
(2) Issuance of an Order to Show Cause why more severe enforcement
action should not be taken and schedule a hearing thereon.
(3) Issue an Administrative Order (AO).
[]
(4)
(2) Initiation of an action for injunctive relief to any court of competent
jurisdiction to compel compliance with the terms of the IUP or any Pretreatment
Standard or requirement.
[]
(5)
(3) Imposition of civil penalties as provided in Subsection 16-9-14(e) of this
Chapter.
[]
(6)
(4) Criminal prosecution for any violation of the City Charter or ordinances
which has been declared to be unlawful or a municipal offense.
SECTION 23.
Subsection (c) of Section 16-9-18 of Chapter 9 of Title XVI of the Pueblo
Municipal Code, as amended, is amended to read as follows:
Sec. 16-9-18. Spills or slug discharges.
. . .
(c) Required action. The results of such activities shall be available to the Approval
Authority upon request. Significant industrial users are required to notify the City
The
immediately of any changes at its facility affecting potential for a slug discharge.
industrial user will be required to control Slug Discharges, if it is determined by
the Director that such action is necessary.
If the Director determines that a slug
control plan is needed, the plan shall contain, at a minimum, the following elements:
. . .
SECTION 24.
It shall be unlawful and a municipal offense for any person, firm, partnership,
corporation, limited liability company or other entity to violate, disobey, omit, neglect,
refuse or fail to comply with or resist the enforcement of any provision of this Ordinance.
Any person found guilty of a violation of this Ordinance shall be punished as provided in
Section 1-2-1 of the Pueblo Municipal Code, as amended. In addition thereto, the City
is authorized to enforce this Ordinance through the exercise of any one or more of the
remedies set forth in Sections 16-9-13(h) and 16-9-14 of the Pueblo Municipal Code, as
amended, which remedies are hereby expressly declared to be cumulative, the exercise
of any one or more not constituting any bar or limitation to the exercise of any other.
SECTION 25.
This Ordinance shall become effective thirty days after final passage and approval or
upon approval by the United States Environmental Protection Agency, whichever occurs
later.
INTRODUCED November 14, 2011
BY: Chris Kaufman
COUNCILPERSON
PASSED AND APPROVED: January 9, 2012
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R-1
DATE: November 14, 2011
DEPARTMENT: WASTEWATER DEPARTMENT
GENE MICHAEL, DIRECTOR
TITLE
AN ORDINANCE AMENDING CHAPTERS 7 AND 9 OF TITLE XVI OF THE PUEBLO
MUNICIPAL CODE RELATING TO SEWER USE REGULATION AND
PRETREATMENT PROGRAM REQUIREMENTS FOR INDUSTRIAL USERS, AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF
ISSUE
Should the City Council approve an Ordinance amending Chapters 7 and 9 of Title XVI
of the Pueblo Municipal Code relating to the City of Pueblo Pretreatment Program
requirements for Industrial Users and providing penalties for the violation thereof ?
RECOMMENDATION
Approval of Ordinance.
BACKGROUND
The Environmental Protection Agency (E.P.A.) has made changes to Federal
Regulation (40 CFR § 433) that require the City to change its Ordinance to be in
compliance with Federal Regulation. The changes in this Ordinance add definitions,
and add specifications for monitoring and inspection, for slug discharges, and for
sampling, to conform to Federal requirements. The changes in this Ordinance will not
change the way in which Pueblo’s Industrial Pretreatment Program is administered.
FINANCIAL IMPACT
None