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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 [] 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. [] 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 [] Wastewater Director as the Director of Public Works deems appropriate. [] 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. [] 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. [] 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 [] 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. [] 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 [] 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 [] 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 [] 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 [] 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 [] 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