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ORDINANCE NO. 9305
AN ORDINANCE AMENDING SECTION 13 OF CHAPTER 7 OF
TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO
SANITARY SEWER PROHIBITED WASTE AND PROVIDING
PENALTIES FOR VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 13 of Chapter 7 of Title XVI of the Pueblo Municipal Code 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:
(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. Any
flammable substance with a flash point lower than 187ºF. 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 such as, but not limited to: grease,
garbage with particles greater than one-half (1/2) inch in any dimension, animal waste,
guts or tissue, 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 waste and vegetable tanning solutions.
(7) Pollutants which 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 C.F.R. § 261.21.
(8) Any pollutants, including oxygen demanding pollutants (Biochemical Oxygen Demand
\[BOD\]), released at a flow rate and/or pollutant concentration which will cause
interference to the POTW.
(9) For discharges into the system, the daily maximum concentrations for the following
parameters which exceed the values listed below for each parameter:
Parameter mg/l
Arsenic 1.9
Benzene 0.05
*
BETX 0.750
Cadmium (total) 3.0
Chromium (total) 73.9
+6
Chromium CR 104.9
Copper (total) 66.0
Cyanide (total) 3.6
Lead (total) 8.3
Mercury (total) 0.0027
Nickel (total) 15.1
Selenium (total) 1.076
Silver (total) 126.4
Zinc (total) 129.9
As used in Paragraph (9) above, daily maximum concentration means the maximum allowable
concentration for each parameter during any calendar day.
*
BETX shall be measured as the sum of benzene, ethylbenzene, toluene and xylenes.
(10) Phenols in excess of five (5) milligrams per liter.
(11) Any wastewater containing any radioactive waste or isotopes of such half-life or
concentration as may exceed limits established by the Director in compliance with
applicable state or federal regulations.
(12) Any substance which will cause the POTW to violate its NPDES permit or the receiving
water quality standards.
(13) 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 limits set forth in this
Section, or Categorical Pretreatment Standards. For purpose of this Subparagraph (13),
toxic pollutant shall include, but shall not be limited to, any pollutant identified pursuant
to Section 307(a) of the Act.
(14) Any grease or oily substance in excess of one hundred (100) milligrams per liter;
provided, however, that animal or vegetable based oil or grease from approved
restaurant oil or grease traps and interceptors, if transported in accordance with Chapter
10 of this Title, may be received at the designated receiving point of the sewer system,
in accordance with regulations to be adopted by the Director. Under no circumstances
may bulk oil and grease be discharged into the sewer system.
(15) Any petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in
amounts that will cause interference or pass through.
(16) Any antiseptic solution greater than one hundred (100) milligrams per liter.
(17) Hydrogen sulfide, sulphur dioxide, nitrous oxide or any halogens in concentrations
greater than ten (10) milligrams per liter.
(18) Soluble substances with a specific gravity greater than 2.65 or in concentration which
increases the specific viscosity above 1.1.
(19) The adopted Best Management Practices (BMP) are enforceable Pretreatment
Standards established to implement the general/specific prohibitions and to protect the
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POTW against pass through and interference.
(a) Definitions. All words and phrases used in this Section or otherwise in this
Chapter shall have the same meaning as provided in Chapter 9 of this Title.
(b) General Prohibitions. No user shall introduce or cause to be introduced into
the POTW any pollutant or wastewater which causes Pass Through or Interference.
The foregoing general prohibitions and the specific prohibitions in Subsection (c) of
this Section apply to all Users of the POTW whether or not they are subject to
categorical Pretreatment Standards or any other National, State, or local Pretreatment
Standards or Requirements.
(c) Specific Prohibitions. No User shall introduce or cause to be introduced into
the POTW the following pollutants, substances, or wastewater:
(1) Solid or viscous substances which may cause obstruction to the flow
in the POTW or other interference with the operation of the POTW such as, but
not limited to: grease, garbage with particles greater than one-half (1/2) inch in
any dimension, animal waste, guts or tissue, 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.
(2) 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.
(3) 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.
(4) 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.
(5) Any wastewater with objectionable color not removed in the
treatment process such as, but not limited to, dye waste and vegetable tanning
solutions.
(6) Pollutants which 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 C.F.R. § 261.21.
(7) Any pollutants, including oxygen demanding pollutants (Biochemical
Oxygen Demand \[BOD\]), released at a flow rate and/or pollutant concentration
which will cause interference to the POTW.
(8) Phenols in excess of five (5) milligrams per liter.
(9) Any wastewater containing any radioactive waste 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 limits set forth in this Section, or Categorical
Pretreatment Standards. For purpose of this Subsection (11), toxic pollutant
shall include, but shall not be limited to, any pollutant identified pursuant to
Section 307(a) of the Clean Water Act.
(12) Any storm water, surface water, ground water, artesian well water,
roof runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, noncontact cooling water, and unpolluted wastewater, unless
specifically authorized by Wastewater Director.
(13) Any fats, oils or greases of animal or vegetable origin in
concentrations greater than 100 mg/l.
(14) Any trucked or hauled pollutants, except at discharge station
designated by POTW. All truck or hauled waste must meet the requirements of
Chapter 10 of this Title prior to access to discharge station.
(15) Any petroleum oil, nonbiodegradable cutting oil or products of
mineral oil origin in amounts that will cause interference or pass through.
(16) Any antiseptic solution greater than one hundred (100) milligrams
per liter.
(17) Hydrogen sulfide, sulphur dioxide, nitrous oxide or any halogens in
concentrations greater than ten (10) milligrams per liter.
(18) Soluble substances with a specific gravity greater than 2.65 or in
concentration which increases the specific viscosity above 1.1.
(d) BMPs. Any adopted BMP shall be complied with and is an enforceable
Pretreatment Standard established to implement the general and specific prohibitions
and local limits set forth in this Section and to protect the POTW against Pass Through
and interference.
(e) Local Limits.
The Director is authorized to establish Local Limits pursuant to 40
(1)
CFR Part 403.5(c) and (d). Pursuant to such authority, the following pollutant
limits are established to protect against Pass Through and Interference. No User
shall discharge wastewater containing in excess of the following limits:
(1)
PollutantDaily Maximum Limit (mg/L)
Arsenic 33.82
Cadmium 0.31
Chromium 2.56
Copper 79.77
Lead 37.61
Mercury 234.57
Nickel 66.74
Silver 1.16
Zinc 308.78
Cyanide 0.34
(2)
BODlbs/day13585.41
5,
(2)
TSS, lbs/day 13397.25
(1)
All Pollutants as Total and in mg/L unless otherwise specified.
(2)
These limits are the total mass in pounds per day (lbs/day) that are available to
allocate to permitted industrial users. Allocations are at the sole discretion of the
City. No permitted industrial user shall discharge wastewater exceeding its
allocation.
The following limits apply to and ensure that discharge from all
(2)
permitted industrial users that were issued a permit on or after August 1, 2002
do not contribute to the exceedance of the following pollutants:
30-Day Average Loading
Local Limits Pollutant Daily Max Loading (lbs/day)
(lbs/day)
(3)
Selenium0.042 0.031
(3)
Sulfate- 735.35
(3)
These limits are the total mass in pounds per day (lbs/day) that are available to
allocate to permitted industrial users that were issued a permit on or after August
1, 2002. Allocations are at the sole discretion of the City. No permitted industrial
user shall discharge wastewater exceeding its allocation.
Industrial users that currently operate under a permit issued prior to
(3)
August 1, 2002 shall have selenium and sulfate concentration-based limits
(4)
allocated pursuant to currently approved methods and values. If such
industrial useradds another process waste stream at any time, such user shall
be required to meet the limitations of selenium and sulfate listed in the above
Subsection (e)(2). No permitted industrial user shall discharge wastewater
exceeding its allocation.
(4) th
Calculatations are currently based upon the 85 percentile of data that was
collected for each industry. The majority of data was obtained for the local limit
rd
study during the 3 quarter of 2016 and is not representative of seasonal variation
or production fluctuations. Sampling over a 12-month period will account for
seasonal or production changes throughout the year. All industrial users that
currently operate under a permit issued prior to August 1, 2002 will have their
selenium and sulfate limits re-evaluated after the 12-month sampling is completed.
The following limits shall apply to wastewaters that are discharged
(4)
from the groundwater cleanup of petroleum or gasoline underground storage
tanks or other remediation wastewaters containing these pollutants or where
these pollutants are appropriate surrogates. It shall be unlawful for any User to
discharge or cause to be discharged any waste or wastewater that exceeds the
following limits:
PollutantDaily Maximum Limit (mg/l)
(5)
Benzene0.050
(6)
BTEX0.750
(5)
All pollutants shown in Table are total.
(6)
BTEX shall be measured as the sum of Benzene, Ethylbenzene, Toluene and
Xylenes.
(f) Affirmative Defense. A User shall have an affirmative defense to an
enforcement action brought against it for noncompliance with the general
prohibitions in Subsection (b) of this Section or the specific prohibitions in
Subsections (c) (7) and (15) of this Section or as otherwise provided by the Act if it
can prove that it did not know, or have reason to know, that its discharge, alone or
in conjunction with discharges from other sources, would cause Pass Through or
Interference and that either:
(1) A Local Limit exists for each pollutant discharged and the User was
in compliance with each limit directly prior to, and during, the Pass Through
or Interference; or
(2) No Local Limit exists, but the discharge did not change
substantially in nature or constituents from the User’s prior discharge when
\[the City\] was regularly in compliance with its NPDES permit, and in the case
of Interference, was in compliance with applicable sludge use or disposal
requirements.
SECTION 2.
Any person who violates any provision of this Ordinance shall be subject to the
enforcement actions, remedies and penalties provided for in Chapters 7, 9 and 10 of Title XVI of
the 1971 Code of Ordinances, which enforcement actions, remedies and penalties are intended
to be cumulative; and it is hereby declared to be unlawful for any person to violate any provision
of this Ordinances and upon conviction thereof, said person shall be punished as provided in
Section 1-2-1 of the 1971 Code of Ordinances, as amended.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures described
herein. Good cause exists for any modifications of an industrial user’s permit required pursuant
to this Ordinance. Any actions necessary to proceed with such modification are hereby authorized
with the effective date of the modification to occur on the effective date of this Ordinance if not
earlier.
SECTION 4.
This Ordinance shall become effective thirty days after final passage and approval or upon
approval by the United States Environmental Protection Agency's whichever occurs later.
INTRODUCED February 26, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: June 25, 2018
City Clerk’s Office Item # S-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 26, 2018
TO:
President Christopher A. Nicoll and Members of City Council
CC:
Sam Azad, City Manager
VIA:
Brenda Armijo, Acting City Clerk
From:
Nancy Keller, Wastewater Director
SUBJECT:
AN ORDINANCE AMENDING SECTION 13 OF CHAPTER 7 OF TITLE XVI OF
THE PUEBLO MUNICIPAL CODE RELATING TO SANITARY SEWER
PROHIBITED WASTE AND PROVIDING PENALTIES FOR VIOLATION
THEREOF
SUMMARY:
This Ordinance updates section 13 of Chapter 7 subsection 9 to reflect the new daily maximum
concentrations for pollutants that would cause interference or pass through to the City’s Water
Reclamation Facility.
PREVIOUS COUNCIL ACTION
:
None
BACKGROUND
:
The City’s Water Reclamation Facility was issued a new Colorado Discharge Permit in March of
2016. This permit requires the City to implement and enforce an industrial pretreatment program.
As part of the pretreatment program the City is required by 40 CFR Part 122.44(j) to identify
character and volume of pollutants discharged from industrial users. Once pollutants are
determined the City was required to perform a technical evaluation of the pollutants to set local
limits to prevent any interference or pass through of pollutants at the City’s Water Reclamation
Facility.
FINANCIAL IMPLICATIONS
:
None
BOARD/COMMISSION RECOMMENDATION
:
Not applicable
STAKEHOLDER PROCESS
:
None
ALTERNATIVES
:
The update to section 13 of Chapter 7 subsection 9 is a requirement of the City’s Colorado
Discharge Permit. Per 40 CFR Part 403 the City is required to implement a pretreatment program
that must set pollutant local limits to protect the City’s receiving stream, the Arkansas River.
RECOMMENDATION
:
Approval of the Resolution.
Attachments
:
None