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Home My WebLink About08437 ORDINANCE NO. 8437 AN ORDINANCE AMENDING CHAPTER 10 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. Section 16-10-1 of Chapter 10 of Title XVI of the Pueblo Municipal Code, as amended, is amended by the addition of new subsection (a)(5) thereto to read as follows: Sec. 16-10-1. Definitions. (a) As used in this Chapter, the following words and terms shall have the meanings set forth below: . . . (5) Director or Wastewater Director shall mean the current Director of the Wastewater Department, SECTION 2. Subsections (a) and (c) of Section 16-10-2 of Chapter 10 of Title XVI of the Pueblo Municipal Code, as amended, are amended to read as follows: Sec. 16-10-2. Permits. (a) Any person conducting a septic waste business shall be required to obtain a [ permit therefor. Applications for such permit shall be submitted to the Director ]Wastewater Director of Utilities and contain or be accompanied by all of the following items: . . . []Wastewater Director (c) Each permittee shall be provided by the Director of Utilities with an identifying sticker or placard to be conspicuously displayed upon the driver's door of each vehicle identified in the application and for which the permittee obtained and filed a certificate of inspection. SECTION 3. Subparagraphs (3), (4), and (6) of subsection (a), subsection (c), subparagraphs (1), (2), and (4) of subsection (d), and subsection (e) of Section 16-10-3 of Chapter 10 of Title XVI of the Pueblo Municipal Code, as amended, are amended to read as follows: Sec. 16-10-3. Operating requirements. (a) Manifest System. All permittees shall keep and maintain a manifest record for all septic wastes removed or transported by the permittee. The manifest record shall be designed so as to produce an original and at least two (2) copies upon the same impression. . . . (3) A copy of the manifest records bearing all required information and signatures shall be retained by the permittee for a period of not less than three (3) years and shall be available for inspection during reasonable business hours by the [] Wastewater Director Director of Utilities . (4) The original copy of the manifest records for all septic wastes received or transported during any month and bearing all required information and signatures [] Wastewater Director shall be submitted to the Director of Utilities by not later than the eighteenth day of the following month. . . . (6) Upon demand of any police officer, employee of the Pueblo City-County [] Wastewater Health Department or employee of the Department of Utilities Director , the driver of any vehicle shall produce for immediate inspection the manifest records for any septic waste presently on the vehicle and a copy of such records for all septic wastes received or transported by the vehicle during the preceding twenty-four (24) hours. . . . (c) Discharge Only to Authorized Facilities. No person engaged in the septic waste business, including all employees thereof, shall discharge septic wastes or any trucked or hauled waste other than to either the designated receiving point of the sewer system or another facility duly authorized to accept such wastes. It is specifically prohibited for any person engaged in the septic waste business, including all employees thereof, to discharge or overflow any septic wastes to the urban drainage system. (d) Authorization and Use of Designated Receiving Point. (1) Any permittee desiring to discharge to a sewer system shall obtain [] Wastewater Director authorization from the Director of Utilities to do so. If authorization is given, the permittee may be issued magnetic or other access cards or devices, which may only be used by the permittee for the vehicles for which issued, in order to gain access to the designated receiving point of the sewer system. [] Wastewater Director (2) The Director of Utilities is authorized to adopt reasonable rules and regulations governing use of and safety at the designated receiving point. Such rules and regulations shall be observed by all permittees. Violation of such rules and regulations will be cause for revocation or suspension of the septic waste business permit. . . . (4) Authorization to use the designated receiving point may be suspended or [] Wastewater Director revoked by the Director of Utilities for any of the following reasons: revocation, suspension or expiration of septic waste business permit, disregard or violation of rules and regulations governing use of the designated receiving point, disregard or violation of any ordinance of the City or of any provision of Chapters 6, 7 or 9 of this Title, operating in an unsafe or unsanitary manner, misuse of access cards, failure to timely pay all fees and charges including sewer user and high strength surcharges, and discharge at other than the designated receiving point. Upon suspension or revocation of authorization, the septic waste business shall immediately return all access cards or devices issued to it. []Wastewater (e) Sampling. Employees of the Department of Utilities Department and of the Pueblo City-County Health Department are authorized and shall be permitted, without prior notice, to take samples of the contents of any vehicle used in connection with any septic waste business. Permittees and their employees shall cooperate with and assist such authorized personnel in obtaining samples. . . . SECTION 4. Subsection (a), subsection (b), and subparagraphs (1), (2), and (3) of subsection (b) of Section 16-10-4 of Chapter 10 of Title XVI of the Pueblo Municipal Code, as amended, are amended to read as follows: Sec. 16-10-4. Revocation procedures. [ (a) Septic waste business permits may be revoked or suspended by the Director ]Wastewater Director of Utilities for any of the following reasons: . . . []Wastewater Director (b) If the Director of Utilities has received information causing him or her to have reason to believe that suspension or revocation of the permit may be appropriate, he or she shall provide notice and conduct a hearing as follows: Written notice of the basis for suspension shall be provided to the permittee. (1) It shall be given by either personal service or by first class mail, postage prepaid, [] to the permittee's last known address as shown in the Department of Utilities Wastewater Department permit files. The notice shall generally state the grounds for suspension or revocation and (2) state the proposed action being considered. The notice shall advise the permittee that he or she may request a hearing on the matter at which he or she may submit information and evidence relevant to the matter, provided that he or she file his or []Wastewater Director her request for hearing with the Director of Utilities not later than a date specified in the notice, which shall be not less than ten (10) days from the date the notice is personally served or mailed. The notice shall also advise the permittee that if a request for hearing is not timely submitted, the suspension or revocation may be imposed without further notice. If a hearing is timely requested, the hearing shall be conducted before the (3) []Wastewater Director Director of Utilities and a record kept. At the hearing, the permittee may be represented by counsel and may offer relevant testimony and evidence bearing on the grounds for suspension or revocation as well as any mitigating factors which may bear upon the duration of any suspension. . . . SECTION 5. Subparagraph (7) of subsection (a) of Section 16-10-5 of Chapter 10 of Title XVI of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 16-10-5. Unlawful conduct. (a) It shall be unlawful and a Class 1 municipal offense for any person: . . . (7) To knowingly obstruct, hinder or interfere with any employee of the [] Wastewater Department Department of Utilities acting under color of his or her official authority, in the discharge or apparent discharge of his or her duties, by means of physical force or violence or by threats of imminent physical force or violence; or . . . SECTION 6. 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 7. 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-2 DATE: November 14, 2011 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE AN ORDINANCE AMENDING CHAPTER 10 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 Chapter 10 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