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ORDINANCE NO. 9730
AN ORDINANCE RELOCATING AND AMENDING
PROVISIONS OF CHAPTERS 3, 6, 7, 9 AND 10 OF TITLE
XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO
SEWER USE REGULATIONS 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 deleted and underscoring indicates new matter being added. Parenthesized
information in section titles including references identifying relocated provisions shall not
be included in the codified ordinance.)
SECTION 1.
Chapter 3 of Title XVI is amended by the addition of the following new sections
containing relocated provisions, with amendments to read:
Sec. 16-3-2. (Formerly 16-7-23 and including former section 16-3-2 at subsection (e)
herein)- Connection with system, when required.
\[(a) It shall be unlawful for any person to place, deposit or permit to be deposited in
any unsanitary manner on public or private property within the City or in any area
under the jurisdiction of said City, any human or animal excrement, garbage or other
objectionable waste.\]
(a) It shall be unlawful to discharge to any natural outlet within the City, or in any area
under the jurisdiction of said City, any sewage or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent provisions of
this Chapter. 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 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 natural outlet
approved by the Wastewater Director.
(b) It shall be unlawful to \[make new\]have connections of roof downspouts,
foundation drains or other sources of surface runoff or ground water to a building
sewer or building drain which in turn is connected directly or indirectly to a public
sanitary sewer.
\[(c)\] (c) Except as hereinafter provided, it shall be unlawful to construct or maintain
any privy, privy vault, septic tank, cesspool or other facility intended or used for
the disposal of wastewater.
\[(d)\] (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 satisfaction
of the Wastewater Director 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 Mayor 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.
(e) All vaults, water closets and privies, together with all drainage from bathtubs, sinks
and basins, situated on premises located on the line of any street, alley or avenue in
the City, through which there is a public or district sewer, shall be connected by the
owner of the property, or his or her agent, with such public or district sewer, when
required so to do by order of the Director of Public Health.
SECTION 2.
Chapter 6 of Title XVI is amended by the addition of the following new sections
containing relocated provisions, with amendments to read:
Article 1. General Provisions.
Sec. 16-6-1. - Wastewater charges and excessive strength surcharges.
(a) Collection systems.
(1) The City operates two (2) sanitary sewer collection systems, one (1) of which
services the City, certain sanitation districts and extraterritorial users (hereinafter
referred to as the main system). The other system which connects the Pueblo
Memorial Airport and Airport Industrial Park to the main system, serves the airport
and contiguous commercial and industrial land (hereinafter referred to as the
Airport Collection System). Both sanitary sewer collection systems discharge to
the City's main wastewater treatment plant and are hereby included as the City
sewer collection and wastewater treatment system. It is the expressed intention
of the City Council that all of the provisions of Chapters 6, 7, 8, 9, 10 and 11 of
this Title apply to both such collection systems and the users of each, except
such provisions as are herein made specifically applicable only to the Airport
Collection System users. The rates for wastewater charges and excessive
strength surcharges set forth in this Title are based on cost of service and capital
costs uniformly allocated to both the main system and the Airport Collection
System.
(2) All property connected to the City sewer collection and wastewater treatment
system and all users of such facilities, whether connected or not, shall be charged
wastewater charges and other fees as set forth in this Chapter\[ and Chapter 7 of
this Title\] and shall be subject to all requirements of \[these Chapters B\] this
Chapter. All industrial users of such system or systems shall also be subject to
the industrial cost recovery and pretreatment requirements as set forth in
\[Chapters 8 and 9 of\] this Title or as same may be amended. All property first
connected to the sewer collection and wastewater treatment system on or after
September 1, 1994, shall also be subject to payment of connection fees in
accordance with Chapter 11 of this Title.
(b) Wastewater charges shall be assessed on the basis of the following classification
of all users:
(1) Nonindustrial customers,
(2) Industrial customers,
(3) Blende Sanitation District, and
(4) Septic dischargers, septic haulers, sludge pumpers and all others who
discharge liquid or semi-liquid waste into the system.
(c) Whenever the term Pueblo Board of Water Works or Board of Water Works is
used in this Chapter or \[in Chapters 7, 8 and 9 of\] otherwise in this Title, it shall
mean the Board of Water Works of the City.
(d) The terms industrial customer or industrial user in this Chapter shall include those
classifications of users identified in Section \[16-7-2(c) of Chapter 7 of this Title\] 16-6-
31 (c) of this Chapter, as well as any other nonresidential users that discharge, or
contribute to the system, wastewater containing greater than two hundred twenty-five
(225) mg/l of five-day biochemical oxygen demand or containing greater than two
hundred (200) mg/l of suspended solids.
(e) When the requirements or provisions of Chapters 6, 7, 8, 9 and 11 of this \[Title\]
Chapter are at variance with or conflict with the requirements and provisions of any
other ordinance, code, resolution, rule or regulations of the City, including building
codes, the requirements and provisions of Chapters 6, 7, 8, 9 and 11 of this \[Title\]
Chapter shall apply and, to the extent of such variance or conflict, the requirements
and provisions of Chapters 6, 7, 8, 9 and 11 of this Title shall supersede all conflicting
provisions and requirements of all other ordinances, codes, resolutions, rules and
regulations of the City.
(f) The City Council may by resolution adopt such rules, regulations, policies and
procedures as the City Council may determine reasonable or necessary for the
interpretation or implementation of Chapters 6, 7, 8, 9 and 11 of this Title.
Sec. 16-6-2. (Formerly 16-6-9) - Inspection rights.
In addition to any requirement set forth in Section 16-7-70 of this Code, any duly
authorized employee or agent of the City bearing proper credentials and identification
shall be permitted at any time to enter upon all properties that are connected to the City's
sewer collection and wastewater treatment system for the purpose of inspecting,
measuring, sampling and testing, as may be required in pursuance of implementation and
enforcement of the terms and provisions of this Chapter.
Sec. 16-6-3. (Formerly 16-7-10) - Effluent meter.
If, in the judgment of the Wastewater Director, 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 the Wastewater Director.
Sec. 16-6-4. (Formerly 16-6-11) - Enforcement.
It shall be unlawful for any person to violate, disobey, neglect, refuse or fail to comply
with or resist the enforcement of any provision of this Chapter and upon conviction
therefor shall be punished as provided in Section 1-2-1 of this Code.
Article II. Wastewater Charges, Collections and Procedures.
Sec. 16-6-20. (Formerly 16-6-2) – Wastewater Rates and charges.
(a) Nonindustrial users. The wastewater charge for nonindustrial users shall be the
sum of the monthly service charge and monthly sewer volume charge, computed as
follows:
(1) Commencing on January 1, 2020, and for each month in each year thereafter
through December 31, 2024, for and in accordance with the calendar months and
years indicated in the following table, the monthly service charge portion of the
wastewater charge shall be assessed and charged based upon the water meter
size of the water line or lines servicing the property in accordance with the
following table. Commencing January 1, 2025, the monthly service charge portion
of the wastewater charge shall be as established from time to time by the City
Council by ordinance; provided, however, that if City Council fails at any time to
do so, the monthly service charge shall remain at the then last established
amount
Table 16-6-20(a)(1)
Jan. 1, 2020 Jan. 1, 2021 Jan. 1, 2022 Jan. 1, 2023 Jan. 1, 2024
Year
to Dec. 2020 to Dec. 2021 to Dec. 2022 to Dec. 2023 to Dec. 2024
Meter Line Size in Inches Monthly Service Charge (in U.S. Dollars)
⅝ and ¾ 21.87 23.18 24.34 25.56 26.32
1 26.01 27.57 28.95 30.40 31.31
1½ 39.16 41.51 43.58 45.76 47.13
2 58.48 61.99 65.09 68.34 70.39
3 104.12 110.37 115.89 121.68 125.33
4 152.72 161.89 169.98 178.48 183.84
6 250.06 265.07 278.32 292.24 301.01
8 331.54 351.43 369.00 387.45 399.07
(2) Commencing on January 1, 2020, and for each month in each year thereafter,
through December 31, 2024 for and in accordance with the calendar months and
years indicated in the following table, the monthly sewer volume charge portion
of the wastewater charge for each property with metered water service furnished
and provided by the Board of Water Works shall be the amount shown in the
following table for each one thousand (1,000) gallons of water furnished and
supplied to the property. Commencing January 1, 2025, the monthly sewer
volume charge portion of the wastewater charge for each one thousand (1,000)
gallons of water shall be as established from time to time by the City Council by
ordinance; provided, however, that if City Council fails at any time to do so, the
monthly sewer volume charge shall remain at the then last established rate.
Table 16-6-20(a)(2)
Jan. 1, 2020 Jan. 1, 2021 Jan. 1, 2022 Jan. 1, 2023 Jan. 1, 2024
Year
to Dec. 2020 to Dec. 2021 to Dec. 2022 to Dec. 2023 to Dec. 2024
Nonindustrial Use 5.10 5.40 5.67 5.96 6.14
(3) The monthly sewer volume charge shall be based upon the monthly water
meter measurements and readings (or estimates thereof) of the Board of Water
Works and shall be computed and billed as follows:
a. The monthly sewer volume charge shall be the amount specified in Table
16-6-20(a)(2) for the applicable month and year for each one thousand
(1,000) gallons of water charged and billed to the property by the Board of
Water Works during its January and February monthly billing periods for said
year. The term monthly billing period, as used herein, commences when a
water meter is read in the prior month and ends when the water meter is read
in the subsequent month of billing.
b. The monthly sewer volume charge for each month from and including
January 1, 2016, through and including December 31, 2020 and for the
months of January through December each year thereafter, shall be
calculated as the amount specified in Table 16-6-20(a)(2) for the applicable
month and year in dollars per one thousand (1,000) gallons multiplied by the
average of the thousands of gallons of water charged and billed to the
property by the Board of Water Works during the immediately preceding
January and February.
c. If for any reason water meter readings are not made or are delayed, the
sewer volume charge shall be computed upon an estimate of water services
and the actual charge therefor shall be made and apportioned upon the
actual meter measurement and readings made thereafter.
d. In the event a property is connected to the Board of Water Works system
after February of any year or if for some other reason there is not available
an average monthly sewer volume charge based upon the January-to-
February billing periods or such periods in prior years, the monthly sewer
volume charge shall be an amount equal to the applicable calendar year
monthly rate specified in Table 16-6-20(a)(2) per one thousand (1,000)
gallons of water used multiplied by five (5) per month for each residential unit
served at each property.
e. The sewer volume charge for each property using water not metered by
the Board of Water Works shall be an amount equal to the applicable
calendar year monthly rate specified in Table 16-6-20(a)(2) per one thousand
(1,000) gallons of water used multiplied by five (5) per month for each
residential unit served at each property or the applicable calendar year
monthly rate specified in Table 16-6-20(a)(2) per one thousand (1,000)
gallons of water used per month based upon the January or February
monthly estimated water used or actual monthly water used, whichever would
be most proportionate to all classes of users, as determined by the Director
of Wastewater.
(b) Industrial users.
(1) The wastewater charge for industrial users shall be the sum of the monthly
service charge based upon the meter size and determined in accordance with
Paragraph (a)(1) of this Section, and a monthly sewer volume charge.
Commencing on January 1, 2020, and for each month in each year thereafter,
for and in accordance with the calendar months and years indicated in the
following table, the monthly sewer volume charge for industrial users shall be the
amount shown in the following table for each one thousand (1,000) gallons of
discharge per month based upon either actual measured discharge or upon water
used after adjustment for any permitted use allowance, as determined by the
Director of Wastewater plus one hundred percent (100%) of any costs incurred
by the City in determining the amount of such discharge. Commencing on
January 1, 2025, the monthly sewer volume charge for industrial users shall be
as established by the City Council from time to time by ordinance; provided,
however, that if City Council fails at any time to do so, the monthly sewer volume
charge for industrial users shall remain at the then last established rate.
Table 16-6-20(b)(1)
Jan. 1, 2020 Jan. 1, 2021 Jan. 1, 2022 Jan. 1, 2023 Jan. 1, 2024
Year
to Dec. 2020 to Dec. 2021 to Dec. 2022 to Dec. 2023 to Dec. 2024
Industrial Use 5.10 5.40 5.67 5.96 6.14
(2) Industrial users are also subject to excessive strength surcharges as provided
in \[Chapter 7 of this Title\] Article III of this Chapter and all other fees and
charges required of industrial users by this Title.
(c) Blende Sanitation District.
(1) Commencing on January 1, 2020, and as adjusted for each month and year
thereafter as indicated in the following table, through December 31, 2024, for
wastewater delivered to the City's treatment plant from Blende Sanitation District
and derived exclusively from nonindustrial customers, the monthly sewer volume
charge shall be the specified monthly nonindustrial use rate for the applicable
calendar month and year as set forth in Table 16-6-20(c) below, per one thousand
(1,000) gallons, together with such monthly service charges as may be provided
by agreement or resolution of the City Council. Commencing January 1, 2025,
the monthly sewer volume charge shall be as established by the City Council
from time to time by ordinance; provided, however, that if City Council fails at any
time to do so, the monthly sewer volume charge shall remain at the then last
established amount.
(2) Commencing on January 1, 2020, and as adjusted for each month and year
thereafter as indicated in the following table, through December 31, 2024, for
wastewater delivered to the City's treatment plant from Blende Sanitation District
and derived from industrial customers, the volume charge shall be the specified
monthly industrial use rate for the applicable calendar month and year as set forth
in Table 16-6-20(c) below, per one thousand (1,000) gallons, together with such
monthly service charges as may be provided by agreement or resolution of the
City Council, and together with excessive strength surcharges as provided by
\[Chapter 7 of this Title\] Article III of this Chapter. Commencing on January 1,
2025, the monthly sewer volume charge for wastewater delivered by the Blende
District derived from industrial customers shall be as established by the City
Council from time to time by ordinance; provided, however, that if the City Council
fails at any time to do so, the monthly sewer volume charge shall remain at the
then last established rate.
Table 16-6-20(c)
Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1,
Year
2020 2021 2022 2023 2024
to Dec. to Dec. to Dec. to Dec. to Dec.
2020 2021 2022 2023 2024
Blende Sanitation District
4.05 4.29 4.51 4.73 4.87
Nonindustrial Use
Blende Sanitation District Industrial
4.05 4.29 4.51 4.73 4.87
Use
(d) Sewer users and septic haulers depositing or discharging liquid waste into the
system shall be assessed wastewater charges consisting of the sum of the following
components:
(1) Commencing on January 1, 2020, and as adjusted for each month and year
thereafter as indicated in the following table, the amount of the monitoring charge
shall be the amount shown in the row for "MC," in \[Table 16-7-2(b) of Chapter 7
of this Title\] 16-31-31 (d) of Article III of this Chapter for the applicable calendar
month and year; and
(2) A combined monthly sewer volume charge and excessive strength surcharge
at the specified monthly rate for the applicable calendar year as set forth in Table
16-6-20(d)(2) below, per one thousand (1,000) gallons of liquid waste deposited
or discharged into the system.
(3) Commencing January 1, 2025, the monitoring charge and the monthly sewer
volume charge and excessive strength surcharge charge shall be as established
from time to time by the City Council by ordinance; provided, however, that if City
Council fails at any time to do so, the monthly service charge shall remain at the
then last established amount.
(4) For each sand waste load, a charge of sixty dollars ($60.00) shall be paid
in addition to all other charges herein imposed. Sand waste loads are
described in Chapter 10.
Table 16-6-20(d)(2)
Jan. 1, 2020 Jan. 1, 2021 Jan. 1, 2022 Jan. 1, 2023 Jan. 1, 2024
Year
to Dec. 2020 to Dec. 2021 to Dec. 2022 to Dec. 2023 to Dec. 2024
Septic Haulers' Combined Monthly Sewer Volume Charge and Excessive Strength Surcharge
(in U.S. Dollars per 1,000 gallons)
69.91 74.10 77.81 81.70 84.15
(e) Airport Collection System.
(1) The wastewater charges for all users connected to the airport collection
system shall be as provided in Subsections (a) and (b) of this Section, subject to
the provisions of this Subsection (e).
(2) (Reserved)
(3) (Reserved)
(4) The wastewater charges set forth herein for users connected to the airport
collection system shall be in addition to, and not in lieu of, any and all other
charges or fees associated with or assessed to property owners or occupants of
facilities located at the Pueblo Memorial Airport or the Airport Industrial Park.
Sec. 16-6-21. (Formerly 16-6-3) - Billing and collection; liens.
The sewer user charge shall be billed and collected monthly by the Board of
Water Works with the monthly water bill; provided, however, that in cases when water
is supplied by sources other than the Board of Water Works, the sewer user charge
shall be billed and collected by the City's Department of Finance. All sewer users
shall be notified at least annually, in conjunction with a regular bill, of the rate and that
portion of the user charges which are attributable to wastewater treatment services.
(1) Combined Payment to Board of Water Works. Sewer use charges billed and
collected by the Board of Water Works shall be upon the same statement as the
monthly water billings. Penalties for nonpayment of the sewer user charge and
collection of same shall be administered in accordance with the applicable
procedures and the Rules and Regulations of the Board of Water Works.
(2) Payment to City. Upon the tenth calendar day of each month, the Board of
Water Works shall remit and make payment to the City for all sewer user charges
received and collected prior to the first working day of said month.
(3) Lien for Nonpayment. All fees and charges imposed by Chapters 6, 7, 8, 9 or
\[9\] 10 of this Title shall be due and payable within thirty (30) days after billing
therefor. All due and unpaid fees and charges plus interest thereon at the rate of
one and one-half percent (1.5%) per month shall constitute a perpetual lien on
and against the property served having priority over all other liens except general
tax liens. The Director of Finance shall cause a notice of the lien stating the
amount of the due and unpaid fees and charges and describing the property
served to be recorded in the office of the County Clerk and Recorder. The Director
of Finance may certify the due and unpaid fees and charges to the County
Treasurer and the amounts due shall be collected in the same manner as though
they were part of the City's taxes.
(4) Disconnection for Nonpayment. If any fee or charge imposed by Chapters 6,
7, 8, 9 or \[9\] 10 of this Title shall be due and unpaid for a period of ninety (90)
days or more after billing therefor, the Wastewater Director \[of Public Works\]
may cause to be served upon the owner or occupant of the property served a
notice of disconnection stating the amount of the due and unpaid fees and
charges, describing the property served and advising the owner or occupant
thereof that if the due and unpaid fees or charges remain unpaid for a period of
thirty (30) days after service of such notice, the City may disconnect the property
served from the City's sewer system. Such notice may be served by personal
service or by first class mail or, if the property is vacant, by posting such notice
in a conspicuous place on the property or improvements located thereon. If
service is by mail, service shall be complete five (5) days from the date of mailing.
If service is by posting, service shall be complete ten (10) days from the date of
posting. In the event the owner or occupant of the property served fails, neglects
or refuses to pay in full all due and unpaid fees and charges described in the
notice within thirty (30) days after service of the notice, the Director of Public
Works may cause sewer service to the property to be disconnected. Prior to
reconnection of the sewer service, the City shall be paid all costs incurred by
such disconnection plus a collection fee of twenty percent (20%) thereof.
Sec. 16-6-22. (Formerly 16-6-4) - Restricted use of wastewater charges.
All revenues received by the City from the sewer charges shall be used
exclusively for the operation, maintenance, construction, replacement and expansion
of the wastewater treatment works and appurtenances, including sanitary sewers and
administrative and engineering costs related thereto; provided, however, that
revenues in excess of those necessary for operation and maintenance (including
replacement) may be pledged by formal action of the City Council as all or part of the
City's share of grants available from other governmental agencies or for the payment
of principal and interest upon bonds issued for the construction and expansion of
wastewater treatment works, collection and related facilities.
Sec. 16-6-23. (Formerly 16-6-5) - Refunds and adjustments.
The Wastewater Director or the Board of Water Works, with the approval of the
Mayor, may authorize refunds and adjustments to individual sewer user charges.
Adjustments to sewer user charges may result in increases or decreases to the
monthly sewer user charge. Grounds for changes and adjustments in charges which
may be considered shall include:
(1) Changes resulting from the use of water that normally has its ultimate disposal
to points other than the City's sanitary or storm sewerage system.
(2) Changes due to seasonal businesses and educational activities including but
not limited to the Colorado State Fair and businesses and restaurants which do
not operate on a twelve-month basis.
(3) Charges made to nonresidential sewer users may be based upon actual
monthly sewer discharge if required to make the charges proportionate to all
classes of users.
(4) Errors in calculation of the sewer user charge.
Sec. 16-6-24. (Formerly 16-6-6) - Procedure for refunds or adjustments.
Refunds and adjustments will be considered only in the following manner:
(1) Upon written request by a sewer user to the Wastewater Director or the Board
of Water Works.
(2) Upon determination by the Wastewater Director or the Board of Water Works
that grounds for change or adjustment exist pursuant to Section \[16-6-5\] 16-6-23
of this Chapter.
Sec. 16-6-25. (Formerly 16-6-7) - Time limitation on refunds.
Unless specifically authorized by formal action of the City Council, no refund based
upon any change or adjustment shall be authorized or granted for sewer user charges
appearing on billings issued more than ninety (90) days prior to receipt of a written request
for adjustment and refund by the Wastewater Director or the Board of Water Works. If a
refund is approved, no more than two (2) years of previously paid sewer user charges will
be granted, and paid only to the person who actually paid the sewer user charges upon
proof of payment.
Sec. 16-6-26. (Formerly 16-6-10) - Biennial review.
The Mayor shall at least biennially review the rates, procedures and provisions of
Article II of this Chapter and report any recommended revisions to the City Council.
Article III. Excessive Strength Surcharge, Collections and Procedures.
Sec. 16-6-30. (Formerly 16-7-1) - Excessive strength wastewater surcharge.
(a) All users of the City wastewater collection and treatment facilities discharging
wastewater containing greater than two hundred twenty-five (225) mg/l of five-day
biochemical oxygen demand (BOD) or containing greater than two hundred (200)
mg/l of suspended solids (SS) shall be assessed an excessive strength wastewater
surcharge in accordance with the provisions of this Chapter.
(b) Users discharging wastewater containing less than two hundred twenty-five (225)
milligrams per liter of five-day biochemical oxygen demand and less than two hundred
(200) milligrams per liter of suspended solids shall not be assessed an excessive
strength wastewater surcharge for that particular category, nor shall there be a credit
given to that total surcharge.
(c) Users discharging toxic pollutants or prohibited wastes which cause an increase
in the cost of operating and maintaining the treatment works or managing the effluent
or the sewage sludge shall be assessed and pay a surcharge equal to such increased
costs in addition to other fees or penalties which may by law be assessed.
Sec. 16-6-31. (Formerly 16-7-2) - Surcharge classification and rates.
(a) Users subject to the excessive strength surcharge shall be assessed the
surcharge based upon the following formula:
S = Vs × 8.34 \[$BOD × (BOD - 225) + $SS × (SS - 200)\] + MC
(b) The following definitions or meanings apply to the formula in Subsection (a) above:
(1) "S" means the monthly excessive strength surcharge expressed in U.S.
dollars.
(2) "Vs" means the monthly sewage volume expressed in millions of gallons.
(3) "8.34" is a constant representing the weight in pounds per gallon of water.
(4) "$BOD" is the charge for BOD expressed in U.S. dollars per pound,
determined in accordance with specified rate for the applicable calendar year as
set forth in Table 16-7-2(b) below.
(5) "BOD" means the five-day biochemical oxygen demand strength index of the
user's discharge to the system in milligrams per liter by weight as determined by
the Wastewater Director.
(6) "225" is a constant representing the maximum allowed BOD strength in
milligrams per liter before an excessive strength surcharge for BOD will be
assessed.
(7) "$SS" is the charge for total suspended solids expressed in U.S. dollars per
pound, determined in accordance with the specified rate for the applicable
calendar year as set forth in Table \[16-7-2(b)\] 16-6-31(b) below.
(8) "SS" means the total suspended solids strength index in milligrams per liter
by weight as determined by the Wastewater Director.
(9) "200" is a constant representing the maximum allowed suspended solids
strength in mg/l before an excessive strength surcharge for SS will be assessed.
(10) "MC" means monitoring charge and is the average monthly user charge
portion of costs associated with monitoring of excessive strength discharges to
the system, determined in accordance with the specified rate for the applicable
calendar year as set forth in Table \[16-7-2(b)\] 16-6-31(b) below.
Table \[16-7-2(b)\] 16-6-31(b)
Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1,
2020 2021 2022 2023 2024
Year:
to Dec. to Dec. to Dec. to Dec. to Dec.
2020 2021 2022 2023 2024
$BOD (Dollars per pound for
0.380 0.380 0.380 0.380 0.380
excess BOD)
$SS (Dollars per pound for
0.190 0.190 0.190 0.190 0.190
excess SS)
MC (Dollars per Month) 350.36 371.38 389.95 409.45 421.73
(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 Wastewater
Director at least twice annually or more frequently if so directed by the Wastewater
Director. 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 oil processing, and slaughterhouses.
Sec. 16-6-32. (Formerly 16-7-3) - Surcharge billings.
(a) The excessive strength wastewater surcharge shall be billed by the Department
of Finance at the following billing interval:
(1) Quarterly for all users discharging an average of less than fifty thousand
(50,000) gallons per month as determined through the sewer user charge
monthly billings.
(2) Monthly for all other users.
(b) Any individual user may request that the billing interval be more frequent than
specified in the foregoing Subsection; provided, however, that no billing interval shall
be for less than one (1) month, and further provided that no billing interval shall be
increased in frequency unless determined to be appropriate by the Director of
Finance.
Sec. 16-6-33. (Formerly 16-7-4) - Payment, delinquency and liens.
(a) Payment of the excessive strength wastewater surcharge shall be due and
payable to the Department of Finance within thirty (30) days after the billing date.
(b) Excessive strength wastewater surcharge billings which have not been paid within
thirty (30) days of the billing date shall be delinquent and shall be assessed an interest
charge of one and one-half percent (1.5%) per month upon the total outstanding
balance due.
(c) Failure to make payment within sixty (60) days of the billing date shall constitute
a violation of this Chapter.
(d) A lien may be filed against any property served by the City system for delinquent
excessive strength wastewater surcharges in the manner provided in Section \[16-6-
3(3)\] 16-6-21(3) of this \[Title\] Chapter.
Sec. 16-6-34. (Formerly 16-7-5) - Appeals.
Individual users may appeal to the Wastewater Director 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 Wastewater Director prior to the date upon which
the bill becomes delinquent. Appeals may be requested for any of the following
reasons:
(1) Any individual user performs pretreatment of wastewater or utilizes
procedures which lower the quantities of biochemical oxygen demand and
suspended solids to such a level to merit being assigned to another class. In the
event that an appeal requested under this Subsection is approved and the user
is placed in a lower class, no cost of testing shall be charged to the affected user.
If testing results in no change in class, the user shall be assessed the full cost of
testing including laboratory charges, plus a fee of twenty dollars ($20.00).
(2) Refunds and corrections made pursuant to Section \[16-6-5\] 16-6-23 of this
\[Title\] Chapter, if such a refund or correction related to the gallonage of
wastewater discharged. In the event a refund or correction is requested to the
user charge gallonage, such a correction shall also be made in the high strength
surcharge.
(3) Error in calculation of the high strength wastewater surcharge.
(4) Error in the determination of the class of an individual user.
Sec. 16-6-35. (Formerly 16-7-6) - Decision on appeal.
The Wastewater Director, with the approval of the Mayor, 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 Wastewater Director shall be final and binding on the party filing
the appeal and the City.
Sec. 16-6-36. (Formerly 16-7-7 and 16-7-8) – Sampling and laboratory testing.
(a) The manner in which samples are collected shall be designated by the
Wastewater Director. Various sampling procedures may be utilized as the
Wastewater Director deems appropriate.
(b) If, in the judgment of the Wastewater Director, 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 Wastewater Director. All monitoring must meet
the requirements in Section 16-7-70(a)(3).
(c) Samples collected to satisfy reporting requirements shall be based upon data
obtained through appropriate sampling and analysis performed during the period
covered by the report and which is representative of conditions occurring during the
reporting period. The Director shall require that the frequency of monitoring be
sufficient to assess and assure compliance by the user with applicable industrial user
permit requirements.
(d) All laboratory tests to measure five-day biochemical oxygen demand and
suspended solids shall be in accordance with the procedures established by the
approval authority pursuant to Section 304(g) of the Clean Water Act, 33 U.S.C.
§1314(g) and contained in 40 C.F.R. Part 136 and amendments thereto, or with any
other test procedures approved by the approval authority.
Sec. 16-6-37. (Formerly 16-7-9) - Biennial review.
The Wastewater Director 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. The next such
biennial review shall be completed on or before July 1st of odd 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:
(1) Generate sufficient revenue to pay the total operation and maintenance costs
necessary to properly operate and maintain the treatment works.
(2) Maintain the proportionate distribution of operation and maintenance costs
among users and user classes.
(3) Apply any excess revenues collected from a class of users to the costs of
operation and maintenance attributable to that class for the next year and adjust
the rate accordingly.
Sec. 16-6-38. (Formerly 16-7-11) - Inspection.
The Wastewater Director 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. Users may be subject to additional requirements
and obligations as set forth in Section 16-7-70 of this Code.
Sec. 16-6-39. (Formerly 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 Wastewater
Director and comply with the applicable regulations of the City and the Colorado
Department of Public Health and Environment.
SECTION 3.
Chapter 7 of Title XVI is amended by the addition of the following new sections
including relocated provisions, with amendments to read:
CHAPTER 7 – \[Sewer Use Regulation and Wastewater Surcharges\] Pretreatment
Program Provisions
Article I. General Provisions.
Sec. 16-7-1. (Formerly 16-9-1(a) and (b)) - Purpose and policy.
(a) This Chapter sets forth uniform requirements for \[direct and indirect discharges
into the wastewater collection and treatment system for the City\] Users of the
Publicly Owned Treatment Works for the City and enables the City to comply with
all applicable State and Federal laws, including the Clean Water Act (33 United
States Code \[U.S.C.\] section 1251 et seq.) and General Pretreatment
Regulations (Title 40 of the Code of Federal Regulations (CFR) Part 403.\[
required by the Clean Water Act of 1971 33 U.S.C. §1251, et seq., as amended and
the General Pretreatment Regulations for Existing and New Sources of Pollution (40
C.F.R., Part 403).\]
(b) The objectives of this Chapter are:
(1) To prevent the introduction of pollutants into the \[the municipal wastewater
system\] Publicly Owned Treatment Works which will interfere with the
operation of the system or contaminate the resulting sludge.
(2) To prevent the introduction of pollutants into the \[municipal wastewater
system\] Publicly Owned Treatment Works which will pass through the \[system\]
Publicly Owned Treatment Works, inadequately treated, into receiving waters
or the atmosphere or otherwise be incompatible with the \[system\] Publicly
Owned Treatment Works.
(3) To \[improve the opportunity to recycle and reclaim wastewaters and sludges
from the system\] protect both Publicly Owned Treatment Works personnel
who may be affected by wastewater and sludge in the course of their
employment and the general public;
(4) To promote reuse and recycling of industrial wastewater and sludge
from the Publicly Owned Treatment Works; and
(5) To enable the City to comply with its Colorado Discharge Permit System
permit conditions, sludge use and disposal requirements, and any other
Federal or State Laws to which the Publicly Owned Treatment Works is
subject.
(c) This Chapter shall apply to all Users of the Publicly Owned Treatment Works
including persons outside the City who are, by contract or agreement with the
City, users of the Publicly Owned Treatment Works. The Chapter authorizes
the issuance of wastewater discharge permits; provides for monitoring,
compliance, and enforcement activities; establishes administrative review
procedures; and requires User reporting.
Sec. 16-7-2. (Formerly 16-7-22 and 16-9-1(c) and (d)) – Administration.
\[(c) \] \[This Chapter shall apply to the City and to persons outside the City who are,
by contract or agreement with the City, users of the City's Publicly Owned Treatment
Works (POTW).\] Except as otherwise provided herein, the Wastewater Director shall
administer, implement and enforce the provisions of this Chapter. Any powers
granted to or duties imposed upon Wastewater Director may be delegated by
the Wastewater Director to a duly authorized City employee(s).
\[(d) All industrial users are required to comply with all applicable Pretreatment Standards
and Requirements. \]
Sec. 16-7-3. (New Section) -Abbreviations.
The following abbreviations, when used in this Chapter, shall have the
designated meanings:
BOD – Biochemical Oxygen Demand
BMP – Best Management Practice
BMR – Baseline Monitoring Report
CFR – Code of Federal Regulations
CDPS - Colorado Discharge Permit System
CIU – Categorical Industrial User
COD – Chemical Oxygen Demand
EPA – U.S. Environmental Protection Agency
gpd – gallons per day
IU – Industrial User
IUP - Industrial User Permit
mg/l – milligrams per liter
NPDES – National Pollutant Discharge Elimination System
NSCIU – Non-Significant Categorical Industrial User
POTW – Publicly Owned Treatment Works
RCRA – Resource Conservation and Recovery Act
SIU – Significant Industrial User
SNC – Significant Noncompliance
TSS – Total Suspended Solids
U.S.C. – United States Code
Sec. 16-7-4. (Formerly 16-9-2 and 16-9-18 (a)) -Definitions.
\[As used in this Chapter, the following words and terms shall have the meanings set
forth below:\]
Unless a provision explicitly states otherwise, the following terms and
phrases, as used in this Chapter, shall have the meanings hereinafter
designated.
(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.
\[(2) Administrative Orders (AOs) are enforcement documents that direct industrial
users to undertake and/or cease specified activities by specific deadlines. The
terms of an AO may or may not be negotiated with industrial users. AOs may
incorporate compliance schedules, administrative penalties, termination of
service and show cause orders. An AO is the minimum level of enforcement used
to address significant noncompliance. \]
\[(3)\] (2) Approval Authority. means the Regional Administrator of the U.S.
Environmental Protection Agency (EPA).
\[(4)\] (3) An authorized representative of an industrial user may be:
a. If the user is a corporation:
1.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
2. \[b. \] 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;
\[c.\] b. A general partner or proprietor if the Industrial User is a partnership or
proprietorship, respectively;
\[d\] 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.
\[e.\] d. 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 his or her designee.
(e).The individuals described in Subparagraphs a. through \[e.\] d. 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.
\[(5)\] (4) Best Management Practices or BMPs. means schedules of activities,
prohibitions of practices, maintenance procedures and other management
practices to implement the prohibitions listed in \[40 C.F.R. § 403.5(a)(1) and (b)\]
Section 16-7-21 of this Chapter. 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.
(5) Categorical Pretreatment Standard or Categorical Standard. Any
regulation containing pollutant discharge limits promulgated by EPA in
accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317)
that apply to a specific category of Users and that appear in 40 CFR Chapter
I, Subchapter N, Parts 405-471.
(6) Categorical Industrial User means an Industrial User subject to a Categorical
Pretreatment Standard or Categorical Standard.
\[(7) C.F.R. means the Code of Federal Regulations as amended or as the
same may be subsequently amended. \]
(7) City. City of Pueblo.
(8) Chemical Oxygen Demand or COD. A measure of the oxygen required
to oxidize all compounds, both organic and inorganic, in water.
\[(8)\] (9) Composite Sample Method. \[means procedures for collecting multiple
samples over time to provide a representative analysis of effluent quality. It is
recommended that influent and effluent operational data be obtained through
twenty-four-hour flow proportional composite samples. Sampling may be done
manually or automatically and discretely or continuously. If discrete sampling is
employed, at least twelve (12) aliquots should be composited. Discrete sampling
may be flow proportioned either by varying the time interval between each aliquot
or the volume of each aliquot. All composites should be flow proportional to either
the stream flow at the time of collection of the influent aliquot or to the total influent
flow since the previous influent aliquot. Volatile pollutant aliquots must be
combined in the laboratory immediately before analysis.\] A sample composed
of several discrete samples combined in a known proportion. For
wastewater monitoring, a composite sample is a sample composed of at
least twelve (12) discrete samples collected at equal time intervals, or
proportionally to the flow rate of the discharge.
\[(9) Consistent POTW removal or pollutant removal or removal or consistent
removal means the reduction in the amount of a pollutant or alteration of the
nature of a pollutant in the influent to a POTW to a less toxic or harmless state in
the effluent. Consistent removal shall be the average of the lowest fifty percent
(50%) of the removals measured in accordance with 40 C.F.R. § 403.7(b)(2), as
amended.\]
(10) Control authority. \[means the\] City of Pueblo.
\[(11) Direct discharge. means the discharge of treated or untreated wastewater
directly to the waters of the State.\]
(11) Daily Maximum. The arithmetic average of all effluent samples for a
pollutant collected during a calendar day
(12) Daily Maximum Limit. The maximum allowable discharge limit of a
pollutant during a calendar day. Where Daily Maximum Limits are
expressed in units of mass, the daily discharge is the total mass discharged
over the course of the day. Where Daily Maximum Limits are expressed in
terms of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
\[(12)\] (13) Director. means the Wastewater Director of the City or his or her
designee.
\[(13) Enforcement Authority means the control authority and/or Approval
Authority as herein defined.\]
(14) 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.
(15) Existing Source. Any source of discharge that is not a “New Source.”
\[(15)\] (16) Grab sample. \[means a single sample taken of a waste stream, water
body or other liquid flow which is not proportioned on the basis of time, flow
quantity or location.\] A sample that is taken from a wastestream without
regard to the flow in the wastestream and over a period of time not to
exceed fifteen (15) minutes.
\[(16)\] (17) 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).
\[(17)\] (18) Industrial User or User. \[means\] A source of indirect discharge.
\[(18)\] (19) Industrial User Permit or IUP. \[means\] The permits required to be
held by all Significant \[or Categorical\] Industrial 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.
(20) Instantaneous Limit. The maximum concentration of a pollutant
allowed to be discharged at any time, determined from the analysis of any
discrete or composited sample collected, independent of the industrial flow
rate and the duration of the sampling event.
\[(19)\] (21) Interference. \[means a discharge which, alone or in conjunction with
a discharge or discharges from other sources, both: (a) inhibits or disrupts the
POTW, its treatment processes or operations, or its sludge processes use or
disposal; and (b) therefore is a cause of a violation of any requirement of the
POTW's NPDES permit (including an increase in the magnitude or duration of a
violation) or the prevention of sewage sludge use or disposal in compliance with
the following statutory provisions and regulations or permits issued thereunder
(or more stringent state or local regulations): Section 405 of the Clean Water Act,
the Solid Waste Disposal Act (SWDA) (including Title II thereof, more commonly
referred to as the Resource Conservation and Recovery Act (RCRA), and
including state regulations contained in the state sludge management plan
prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic
Substance Control Act and the Marine Protection, Research and Sanctuaries
Act.\] A discharge that, alone or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the POTW, its treatment
processes or operations or its sludge processes, use or disposal; and
therefore, is a cause of a violation of the City’s CDPS permit or of the
prevention of sewage sludge use or disposal in compliance with any of the
following statutory/regulatory provisions or permits issued thereunder, or
any more stringent State or local regulations: section 405 of the Act; the
Solid Waste Disposal Act, including Title II commonly referred to as the
Resource Conservation and Recovery Act (RCRA); any State regulations
contained in any State sludge management plan prepared pursuant to
Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic
Substances Control Act; and the Marine Protection, Research, and
Sanctuaries Act.
\[(20) National Categorical Pretreatment Standard or Categorical Standard or
Pretreatment Standard means any regulation containing pollutant discharge
limits promulgated by the EPA in accordance with Section 307(b) and (c) of the
Act (33 U.S.C. 1347) which applies to a specific category of industrial users.\]
(22) Local Limit. Specific discharge limits developed and enforced by the
City upon industrial or commercial facilities to implement the general and
specific discharge prohibitions listed in Section 16-7-21.
(23) Medical Waste. Isolation wastes, infectious agents, human blood and
blood products, pathological wastes, sharps, body parts, contaminated
bedding, surgical wastes, potentially contaminated laboratory wastes, and
dialysis wastes.
(24) Monthly Average. The sum of all “daily discharges” measured during
a calendar month divided by the number of “daily discharges” measured
during that month.
(25) Monthly Average Limit. The highest allowable average of “daily
discharges” over a calendar month, calculated as the sum of all “daily
discharges” measured during a calendar month divided by the number of
“daily discharges” measured during that month.
NOTE: “Daily discharge(s) for monthly average and monthly average limit
means the “discharge of a pollutant” measured during a calendar day or
any 24-hour period that reasonably represents the calendar day for
purposes of sampling. For pollutants with limitations expressed in units of
mass, the “daily discharge” is calculated as the total mass of the pollutant
discharged over the day. For pollutants with limitations expressed in other
units of measurements, the “daily discharge” is calculated as the average
measurement of pollutant over the day.
\[(21) National Pollution Discharge Elimination System (NPDES) Permit means
a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
(22) National Prohibitive Discharge Standard or Prohibitive Standard means
any regulation developed under the authority of Section 307(b) of the Act and 40
C.F.R. § 403.5. \]
\[(23)\] (26) New source \[means\]
a. 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:
\[a.\] 1. The building, structure, facility or installation is constructed at a
site at which no other source is located;
\[b.\] 2. The building, structure, facility or installation totally replaces the
process or production equipment that causes the discharge of pollutants
at an existing source; or
\[c.\] 3. 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.
b. Construction on a site at which an Existing Source is located results
in a modification rather than a New Source if the construction does not
create a new building, structure, facility, or installation meeting the
criteria of Section (1)(b) or (c) above but otherwise alters, replaces, or
adds to existing process or production equipment.
c. Construction of a New Source as defined under this paragraph has
commenced if the owner or operator has:
1. Begun, or caused to begin, as part of a continuous onsite
construction program
i. any placement, assembly, or installation of facilities or
equipment; or
ii. significant site preparation work including clearing,
excavation, or removal of existing buildings, structures, or
facilities which is necessary for the placement, assembly,
or installation of new source facilities or equipment; or
2. Entered into a binding contractual obligation for the purchase of
facilities or equipment which are intended to be used in its
operation within a reasonable time. Options to purchase or
contracts which can be terminated or modified without substantial
loss, and contracts for feasibility, engineering, and design studies
do not constitute a contractual obligation under this paragraph.
(27) Noncontact Cooling Water. Water used for cooling that does not come
into direct contact with any raw material, intermediate product, waste
product, or finished product.
\[(24)\] (28) 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 \[POTW's NPDES\] the City’s CDPS permit (including an
increase in the magnitude or duration of a violation).
\[(25)\] (29) Person. \[means\] Any individual, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust, estate,
governmental entity or any other legal entity, or their legal representatives, agents
or assigns. This definition includes all Federal, State, and local
governmental entities.
(30) pH. A measure of the acidity or alkalinity of a solution expressed in
standard units.
\[(26)\] (31) Pollutant. \[means any dredged spoil, solid waste, incinerated residue,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste, medical waste
and any other materials discharged into water that are determined by the EPA or
Director to be harmful to the public health, safety or welfare.\] Dredged spoil,
solid waste, incinerator residue, filter backwash, sewage, garbage, sewage
sludge, munitions, medical wastes, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand,
cellar dirt, municipal, agricultural and industrial wastes, and certain
characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color,
BOD, COD, toxicity, or odor).
5
(32) Pretreatment. The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other means,
except by diluting the concentration of the pollutants unless allowed by an
applicable Pretreatment Standard.
\[(27) POTW treatment plant means that portion of the POTW designed to
provide treatment to the wastewater. \]
\[(28) Pretreatment means the reduction of the amount of pollutants, the
elimination of pollutants or the alteration of the nature of pollutant properties in
wastewater to a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into the POTW. The reduction or alteration can be
obtained by physical, chemical or biological processes, or process changed by
other means, except as prohibited by 40 C.F.R. § 403.6(d). \]
\[(29)\] (33) Pretreatment requirements. \[means\] Any substantive or procedural
requirement related to pretreatment, other than a \[National\] Pretreatment
Standard.\[, imposed on an industrial user.\]
\[(30)\] (34) Pretreatment Standards or Standards. \[means any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with
Section 307(b) and (c) of the Act, which applies to industrial users. This term
includes prohibitive discharge limits established pursuant to 40 C.F.R. § 403.5.\]
Pretreatment Standards shall mean prohibited discharge standards,
categorical Pretreatment Standards, Local Limits, and BMPs.
(35) Prohibited Discharge Standards or Prohibited Discharges. Absolute
prohibitions against the discharge of certain substances; these
prohibitions appear in Section 16-7-21 of this Chapter.
\[(31)\] (36) 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. \[The term also means the municipality as defined in Section
502(4) of the Act, which has jurisdiction over the indirect discharges to and the
discharges from such a treatment works. This definition includes any sewers that
convey wastewater to the POTW treatment plant, but does not include pipes,
sewers or other conveyances not connected to a facility providing treatment.\]
This definition includes any devices or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances, which convey wastewater
to a treatment plant. 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.
(37) Septic wastes. All forms of domestic wastewater, including waste and
wastewater from cesspools, septic tanks, privy vaults, portable toilets,
grease traps and other conventional liquid wastes. (as defined in 16-10-1
(a)(4)
(38) Sewage. Human excrement and gray water (household showers,
dishwashing operations, etc.).
\[(32)\] (39) Shall and will are mandatory; may is permissive.
\[(33) Show Cause Hearing is a formal meeting requiring the Industrial User to
appear, explain its noncompliance and show cause as to why more severe
enforcement actions against the user should not go forward. The meeting may
also serve as a forum to discuss corrective action and compliance schedules. \]
\[(34)\] (40) Significant industrial user .\[means any industrial user which: (a) is
subject to any Categorical Pretreatment Standard under 40 C.F.R. § 403.6 or 40
C.F.R. Chapter I, subchapter N; (b) discharges an average of twenty-five
thousand (25,000) gallons per day or more of process wastewater to the POTW,
excluding sanitary noncontact cooling and boiler blow-down wastewater; (c) is
designated as such by the Director, using his or her best professional judgment,
on the basis that the industrial user has a reasonable potential for adversely
affecting the POTW's operation or for violating any Pretreatment Standard or
requirement; or (d) contributes a process waste stream which makes up five
percent (5%) or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant.\] a. An Industrial User subject to Categorical
Pretreatment Standards; or
b. An Industrial User that:
1. Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewater);
2. Contributes a process wastestream which makes up five (5)
percent or more of the average dry weather hydraulic or organic
capacity of the POTW treatment plant; or
3. Is designated as such by the City on the basis that it has a
reasonable potential for adversely affecting the POTW’s operation
or for violating any Pretreatment Standard or Requirement.
\[(35)\] (41) 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(l);
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(l), 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(l) (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.\]
Defined in Section 16-7-73 of this Chapter.
(42) Slug Load or Slug Discharge. Any discharge at a flow rate or
concentration, which could cause a violation of the prohibited discharge
standards in Section 16-7-21 of this Chapter. A Slug Discharge is any
Discharge of a non-routine, episodic nature, including but not limited to an
accidental spill or a non-customary batch discharge, which has a
reasonable potential to cause Interference or Pass Through, or in any other
way violate the POTW’s regulations, Local Limits or Permit conditions.
\[(36) Toxic pollutant means any pollutant or combination of pollutants listed as
toxic in regulations promulgated by the Administrator of the EPA under the
provisions of Section 307(a) of the Act or other federal, state or local regulations.
\]
\[(37) U.S.C. means the United States Code. \]
\[(38) User means any person using or connected to the City's POTW.\]
\[(39)\] (43) 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 \[in\] to \[or
permitted to enter\] the POTW.
(44) Wastewater Director. The person designated by the City to supervise
the operation of the POTW, and who is charged with certain duties and
responsibilities by this Chapter. The term also means a Duly Authorized
Representative of the Wastewater Director.
(45) Water reclamation facility or Treatment Plant. That portion of the POTW
which is designed to provide treatment of municipal sewage and industrial
waste.
\[(40) Waters of the State means all streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems,
drainage systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained within,
flow through or border upon the State or any portion thereof. \]
Article II. General Sewer Use Requirements.
Sec.16-7-20. (Formerly 16-7-15) - Non-Polluted Waters
(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 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 natural outlet approved by
the Wastewater Director.
(b) It shall be unlawful to \[make new\] have connections of roof downspouts,
foundation drains or other sources of surface runoff or ground water to a building
sewer or building drain which in turn is connected directly or indirectly to a public
sanitary sewer.
Sec. 16-7-21. (Formerly 16-7-13(a), (b) and (c) and first paragraph of 16-7-14) -
Prohibited Discharge Standards
\[ (a) Definitions. All words and phrases used in this Section or otherwise in this Chapter
shall have the same meaning as provided in Chapter 9 of this Title. \]
\[(b)\](a) 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 \[(c)\](b)
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.
\[(c)\](b) Specific Prohibitions. No user shall introduce or cause to be introduced into
the POTW the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosion hazard in the POTW,
including but not limited to wastestreams with a closed cup flashpoint of
o
less than one hundred forty degrees Fahrenheit (140F) or sixty degrees
o
Centigrade (60C) using the test methods specified in 40 C.F.R. § 261.21;
(2) Wastewater having a pH less than 5.0 s.u. or greater than or equal to
12.5 s.u., or otherwise causing corrosive structural damage to the POTW or
equipment;
\[(1)\] (3) 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 (½) 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) Pollutants, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration which,
either singly or by interaction with other pollutants, will cause Interference
with the POTW;
\[(4) Any substance which may cause the POTW's effluent or any other product
of the POTW such as residues, sludges or scums to be unsuitable for reclamation
and reuse or to interfere with the reclamation process. \]
(5) Heat in amounts which will inhibit biological activity in the POTW
resulting in Interference, but in no case heat in such quantities that the
oo
temperature at the POTW Treatment Plant exceeds 40C (104F) unless the
Approval Authority, upon request of the POTW, approves alternate
temperature limits;
(6) Any petroleum oil, non-biodegradable cutting oil or products of
mineral oil origin in amounts that will cause interference or pass through;
(7) Pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health
and safety problems;
(8) 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 Chapter prior to access to discharge station;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, are sufficient to
create a public nuisance or a hazard to life, or to prevent entry into the
sewers for maintenance or repair;
(10) Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable State or Federal regulations;
(11) Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions;
(12) Storm Water, surface water, ground water, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, non-contact cooling water, and unpolluted wastewater,
unless specifically authorized by the Director;
(13) Sludges, screenings, or other residues from the pretreatment of
industrial wastes;
(14) Wastewater causing, alone or in conjunction with other sources, the
treatment plant’s effluent to fail toxicity test;
(15) Detergents, surface active agents, or other substances which that
might cause excessive foaming in the POTW;
(16) Medical Wastes in amounts that cause pass through or interference.
(17) Any fats, oils or greases of animal or vegetable origin in
concentrations greater than one hundred (100) mg/l;
(18) A discharge which causes unusual demands on the POTW treatment
plant equipment or processes;
(19) A discharge which causes the limitation of the effectiveness of the
POTW treatment process;
(20) Pharmaceuticals classified as hazardous waste under 40 CFR Part
261. are prohibited from being discharged into the POTW by healthcare
facilities, pharmacies and reverse distributors;
(21) Any waste defined as hazardous under 40 CFR Part 261.
\[(5) Any wastewater with objectionable color not removed in the treatment
process such as, but not limited to, dye waste and vegetable tanning solutions. \]
\[(6) Pollutants which create a fire or explosion hazard in the POTW, including
but not limited to wastestreams with a closed cup flashpoint of less than one
hundred forty (140) degrees Fahrenheit or sixty (60) degrees Centigrade using
the test methods specified in 40 C.F.R. § 261.21. \]
\[(7) Any pollutants, including oxygen demanding pollutants (Biochemical
Oxygen Demand), released at a flow rate and/or pollutant concentration which
will cause interference to the POTW. \]
\[(8) Phenols in excess of five (5) milligrams per liter.\]
\[(9) Any wastewater containing any radioactive waste or isotopes of such half-
life or concentration as may exceed limits established by the Director in
compliance with applicable state or federal regulations. \]
\[(10) Any substance which will cause the POTW to violate its NPDES permit
or the receiving water quality standards. \]
\[(11) Any wastewater containing toxic pollutants in sufficient quantity, either
singly or by interaction with other pollutants, which injure or interfere with any
wastewater treatment process; or which constitute a hazard to humans or
animals; or which creates a toxic effect in the receiving waters of the POTW; or
which exceed the limits set forth in this Section, or Categorical Pretreatment
Standards. For purpose of this Subsection (11), toxic pollutant shall include, but
shall not be limited to, any pollutant identified pursuant to Section 307(a) of the
Clean Water Act. \]
\[(12) Any storm water, surface water, ground water, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate, deionized
water, noncontact cooling water, and unpolluted wastewater, unless specifically
authorized by Wastewater Director. \]
\[(13) Any fats, oils or greases of animal or vegetable origin in concentrations
greater than one hundred (100) mg/l. \]
\[(14) Any trucked or hauled pollutants, except at discharge station designated
by POTW. All truck or hauled waste must meet the requirements of Chapter 10
of this Title prior to access to discharge station. \]
\[ (15) Any petroleum oil, nonbiodegradable cutting oil or products of mineral oil
origin in amounts that will cause interference or pass through. \]
\[(16) Any antiseptic solution greater than one hundred (100) milligrams per
liter\].
\[(17) Hydrogen sulfide, sulphur dioxide, nitrous oxide or any halogens in
concentrations greater than ten (10) milligrams per liter. \]
\[(18) Soluble substances with a specific gravity greater than 2.65 or in
concentration which increases the specific viscosity above 1.1. \]
(c) Pollutants, substances, or wastewater prohibited by this Section shall not
be processed or stored in such a manner that they could be discharged to the
POTW.
16-7-22. (Formerly 16-9-3 (b), 16-9-8 (b) and enacted as a new section) - National
Categorical Pretreatment Standards
Users must comply with the categorical Pretreatment Standards found at
40 CFR Chapter I, Subchapter N, Parts 405–471.
(1) Where a categorical Pretreatment Standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
Director may impose equivalent concentration or mass limits in accordance
with Section 16-7-22 (4)(a.)(4) and 16-7-22 (4)(a.)(5).
(2) When the limits in a categorical Pretreatment Standard are expressed
only in terms of mass of pollutant per unit of production, the Director may
convert the limits to equivalent limitations expressed either as mass of
pollutant discharged per day or effluent concentration for purposes of
calculating effluent limitations applicable to individual Industrial Users.
(3) When wastewater subject to a categorical Pretreatment Standard is
mixed with wastewater not regulated by the same Standard, Director shall
impose an alternate limit in accordance with 40 CFR Part 403.6(e).
(4) When a categorical Pretreatment Standard is expressed only in terms of
pollutant concentrations, an Industrial User may request that the City
convert the limits to equivalent mass limits. The determination to convert
concentration limits to mass limits is within the discretion of the Director.
The City may establish equivalent mass limits only if the Industrial User
meets all the conditions set forth in Sections 16-7-22 (4)(a.)(1.) through 16-
7-22 (4)(a.)(5.) below.
a. To be eligible for equivalent mass limits or concentration limits, the
Industrial User must:
1. Employ, or demonstrate that it will employ, water conservation
methods and technologies that substantially reduce water use
during the term of its individual wastewater discharge permit;
2. Currently use control and treatment technologies adequate to
achieve compliance with the applicable categorical Pretreatment
Standard, and not have used dilution as a substitute for treatment;
3. Provide sufficient information to establish the facility’s actual
average daily flow rate for all wastestreams, based on data from a
continuous effluent flow monitoring device, as well as the facility’s
long-term average production rate. Both the actual average daily
flow rate and the long-term average production rate must be
representative of current operating conditions;
4.Not have daily flow rates, production levels, or pollutant levels
that vary so significantly that equivalent mass limits are not
appropriate to control the Discharge; and
5. Have consistently complied with all applicable categorical
Pretreatment Standards during the period prior to the Industrial
User’s request for equivalent mass limits.
b. An Industrial User subject to equivalent mass limits or concentration
limits must:
1. Maintain and effectively operate control and treatment
technologies adequate to achieve compliance with the equivalent
mass limits;
2. Continue to record the facility’s flow rates using a continuous
effluent flow monitoring device;
3. Continue to record the facility’s production rates and notify the
Director whenever production rates are expected to vary by more
than twenty percent (20%) from its baseline production rates
determined in paragraph 16-7-22 (4)(a.)(3.) of this Section. Upon
notification of a revised production rate, the Director will reassess
the equivalent mass limit and revise the limit as necessary to reflect
changed conditions at the facility; and
4. Continue to employ the same or comparable water conservation
methods and technologies as those implemented pursuant to
paragraphs 16-7-22 (4)(a.)(1.) of this Section so long as it
discharges under an equivalent mass limit.
c. When developing equivalent mass limits, the Director:
1. Will calculate the equivalent mass limit by multiplying the actual
average daily flow rate of the regulated process(es) of the Industrial
User by the concentration-based Daily Maximum and Monthly
Average Standard for the applicable categorical Pretreatment
Standard and the appropriate unit conversion factor;
2. Upon notification of a revised production rate, will reassess the
equivalent mass limit and recalculate the limit as necessary to
reflect changed conditions at the facility; and
3. May retain the same equivalent mass limit in subsequent
individual IUP terms if the Industrial User’s actual average daily flow
rate was reduced solely as a result of the implementation of water
conservation methods and technologies, and the actual average
daily flow rates used in the original calculation of the equivalent
mass limit were not based on the use of dilution as a substitute for
treatment pursuant to Section 16-7-26. The Industrial User must
also be in compliance with Section 16-7-102 regarding the
prohibition of bypass.
(5) The Director may convert the mass limits of the categorical Pretreatment
Standards of 40 CFR Parts 414, 419, and 455 to concentration limits for
purposes of calculating limitations applicable to individual Industrial Users.
The conversion is at the discretion of the Director.
(6) Once included in its permit, the Industrial User must comply with the
equivalent limitations developed in this Section 16-7-22 in lieu of the
promulgated Categorical Standards from which the equivalent limitations
were derived.
(7) Many categorical Pretreatment Standards specify one limit for
calculating maximum daily discharge limitations and a second limit for
calculating maximum Monthly Average, or 4-day average, limitations.
Where such Standards are being applied, the same production or flow
figure shall be used in calculating both the average and the maximum
equivalent limitation.
(8) Any Industrial User operating under a permit incorporating equivalent
mass or concentration limits calculated from a production-based standard
must notify the Director within two (2) business days after the User has a
reasonable basis to know that the production level will significantly change
within the next calendar month. Any User not notifying the Director of such
anticipated change will be required to meet the mass or concentration
limits in its permit that were based on the original estimate of the long-term
average production rate.
16-7-23. (Formerly 16-9-5) - State Pretreatment Standards
State or national requirements and limitations on discharges shall apply in any
case where they are more stringent than the pretreatment requirements and
limitations contained in this Chapter.
16-7-24. (Formerly 16-7-13(e) and 16-7-13 (d) and 16-7-17) - Local Limits
(a) \[(1)\] The Director is authorized to establish Local Limits pursuant to 40 CFR Part
403.5(c).
(b) \[Pursuant to such authority,\] The following pollutant limits are established to
protect against Pass Through and Interference. \[No User shall discharge wastewater
containing in excess of the following limits:\] No person shall discharge wastewater
containing in excess of the following daily maximum limit(s) and monthly
maximum limit(s).
Daily Maximum Limit
(1)
Pollutant
(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)
BOD lbs/day 13,585.41
5,
(2)
TSS, lbs/day 13,397.25
(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.
\[2\] (c) The following limits apply to and ensure that discharge from all permitted
industrial users that were issued a permit on or after August 1, 2002 do not contribute
to the exceedance of the following pollutants:
Local Limits Daily Max Loading 30-Day Average Loading
Pollutant (lbs/day) (lbs/day)
(3)
Selenium 0.042 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.
\[(3)\] (d). Industrial users that currently operate under a permit issued prior to August
1, 2002 shall have selenium and sulfate concentration-based limits allocated
pursuant to currently approved methods and values.
\[(4)\] (e). If such industrial user adds another process waste stream at any time, such
user shall be required to meet the limitations of selenium and sulfate listed in the
above in Section 16-7-24 (c). No permitted industrial user shall discharge wastewater
exceeding its allocation.
th
\[(4)\] (f). Calculations are currently based upon the 85percentile of data that was
collected for each industry. Most of the data was obtained for the local limit study
during the third quarter of 2016 and is not representative of seasonal variation or
production fluctuations. Sampling over a twelve-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 twelve-month sampling is completed.
\[(4) The following limits shall apply to wastewaters that are discharged from the
groundwater cleanup of petroleum or gasoline underground storage tanks or
other remediation wastewaters containing these pollutants or where these
pollutants are appropriate surrogates. It shall be unlawful for any User to
discharge or cause to be discharged any waste or wastewater that exceeds the
following limits:
Daily Maximum Limit
Pollutant
(mg/l)
(5)
Benzene 0.050
(6)
BTEX 0.750
(5)
All pollutants shown in Table are total.
(6)
BTEX shall be measured as the sum of Benzene, Ethylbenzene, Toluene and Xylenes.
\]
(g). \[BMPs. Any adopted BMP shall be complied with and is an enforceable
Pretreatment Standard established to implement the general and specific prohibitions
and local limits set forth in this Section and to protect the POTW against pass through
and interference.\] Director may develop Best Management Practices (BMPs), by
ordinance or in individual wastewater discharge permits, to implement Local
Limits and the requirements of Section 16-7-21. Such BMPs shall be considered
local limits and Pretreatment Standards for the purposes of this Part and
section 307(d) of the Act.
(h) All of the standards, regulations and requirements of this Section shall apply at
the point where industrial, commercial or other wastes are discharged into the City's
sewer system and all corrective pretreatment must be accomplished to practical
completion before such point of discharge.
16-7-25. (Formerly first sentence of second paragraph of 16-7-14) - The City’s Right
of Revision
\[Discharge of substances from all effluent sources into the City's sewer system
shall conform to the provisions of 33 U.S.C. §1317 and regulations promulgated
thereunder. In any case where the provisions set forth in said 33 U.S.C. §1317 or
regulations promulgated thereunder are more stringent than the provisions of this
Chapter, the more stringent provisions shall control the discharge of substances into
the City's sewer system. Discharge of any trucked or hauled pollutants is prohibited,
except at discharge points designated by the POTW and shall be governed by the
provisions of Chapter 10 of this Title.\] The City reserves the right to establish, by
ordinance or in individual wastewater discharge permits, more stringent
Standards or Requirements on discharges to the POTW consistent with the
purpose of this Chapter.
16-7-26. (Formerly 16-9-8 (a) and 16-9-10 (b)) - Dilution
No user shall increase the use of process water, or in any way attempt to dilute
a discharge as a partial or complete substitute for adequate treatment to achieve
compliance\[ with the limitations contained in the National Categorical Pretreatment
Standards, or in any other specific standard developed by the City or State.\] with a
discharge limitation unless expressly authorized by an applicable Pretreatment
Standard or Requirement. Director may impose mass limitations on Users who
are using dilution to meet applicable Pretreatment Standards or Requirements,
or in other cases when the imposition of mass limitations is appropriate.
Article III. Pretreatment of Wastewater
16-7-30 (Formerly 16-9-10 (a), and 16-7-18) - Pretreatment Facilities
\[Users shall provide necessary wastewater treatment as required to comply with this
Chapter prior to the point where the industrial user discharges into the POTW. Any
facilities required to pretreat wastewater to an acceptable level shall be provided,
operated, used and maintained by the user at the user's expense. \]
(a). Users shall provide wastewater treatment as necessary to comply with this
Chapter and shall achieve compliance with all categorical Pretreatment
Standards, Local Limits, and the prohibitions set out in Section 16-7-21 of this
Chapter within the time limitations specified by EPA, the State, or Director,
whichever is more stringent. Any facilities necessary for compliance shall be
provided, operated, and maintained at the User’s expense. Detailed plans
describing such facilities and operating procedures shall be submitted to
Director for review and shall be acceptable to the Director before such facilities
are constructed. The review of such plans and operating procedures shall in
no way relieve the User from the responsibility of modifying such facilities as
necessary to produce a discharge acceptable to the City under the provisions
of this Chapter.
(b) Prior to issuance of a building permit for the construction of any industry or
establishment that utilizes a wastewater-producing industrial process, the
Wastewater Director shall inspect the proposed processes and ascertain that no
wastewater prohibited under this Chapter shall be discharged into the public sanitary
sewer.
16-7-31. (Formerly 16-7-16, 16-7-17 and 16-9-10 (a)) - Additional Pretreatment
Measures
(a). Whenever deemed necessary, Director may require Users to restrict their
discharge during peak flow periods, designate that certain wastewater be
discharged only into specific sewers, relocate and/or consolidate points of
discharge, separate sewage wastestreams from industrial wastestreams, and
such other conditions as may be necessary to protect the POTW and determine
the User’s compliance with the requirements of this Chapter.
(b). Director may require any person discharging into the POTW to install and
maintain, on their property and at their expense, a suitable storage and
flow-control facility to ensure equalization of flow. An individual wastewater
discharge permit may be issued solely for flow equalization.
(c). Grease, oil or sand interceptors shall be provided when they are necessary in the
opinion of the Wastewater Director 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 Wastewater Director 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.
(1) Where installed, all grease, oil or sand interceptors shall be maintained by the
owner, at his or her expense, and always maintained in continuously efficient
operation and shall be located to be readily and easily accessible for cleaning and
inspecting.
(d). Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection meter.
16-7-32. (Formerly 16-9-18 (b) and (c)) - Accidental Discharge/Slug Discharge
Control Plans
\[Evaluations. The City will evaluate whether each SIU needs a plan or other action to
control slug discharges. For industrial users identified as significant prior to November 14,
2005, this evaluation shall have been conducted at least once by October 14, 2006, except
that if, for any reason, it was not so conducted, it shall be performed not later than ninety (90)
days after the date of final passage of the ordinance adopting this Section. For all other and
additional industrial users, the evaluation shall be performed within one (1) year of being
designated an SIU.\] (a). Director shall evaluate whether each SIU needs an
accidental discharge/slug discharge control plan or other action to control Slug
Discharges. Director may require any User to develop, submit for approval,
and implement such a plan or take such other action that may be necessary to
control Slug Discharges. Alternatively, the Director may develop such a plan
for any User. An accidental discharge/slug discharge control plan shall
address, at a minimum, the following:
\[(c) Required action. The results of such activities shall be available to the
Approval Authority upon request. Significant industrial users are required to notify the
City immediately of any changes at its facility affecting potential for a slug discharge.
The industrial user will be required to control slug discharges if it is determined by the
Director that such action is necessary. If the Director determines that a slug control
plan is needed, the plan shall contain, at a minimum, the following elements:\]
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) \[Procedures for immediately notifying the City of slug discharges, including
any discharge that would violate a prohibition under 40 C.F.R. § 403.5(b) with
procedures for follow-up written notification within five (5) days\] Procedures for
immediately notifying the Director of any accidental or Slug Discharge, as
required by Section 16-7-65; and
(4) \[If necessary,\] Procedures to prevent adverse impact from accidental spills or
Slug Discharge. Such procedures include, but are not limited to, \[including\]
inspection and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker training,
building of containment structures or equipment, measures for containing toxic
organic pollutants (including solvents) and/or measures and equipment for
emergency response.
16-7-33. (Formerly last sentence of second paragraph of 16-7-14) - Hauled
Wastewater
Septic tank waste may be introduced into the POTW only at locations
designated by Director, and at such times as are established by the Director.
Such waste shall not violate Section 16-7-21 of this Chapter or any other
requirements established by the City. The Director will require septic tank
waste haulers to obtain individual wastewater discharge permits, as set forth
in Chapter 10 of this Chapter. \[Discharge of any trucked or hauled pollutants is
prohibited, except at discharge points designated by the POTW and shall be
governed by the provisions of Chapter 10 of this Title.\]
Article IV Wastewater Discharge Permits
16-7-40. (New Section) Wastewater Analysis
When requested by the Director a User must submit information on the
nature and characteristics of its wastewater within ninety (90) days of the
request. Director is authorized to prepare a form for this purpose and may
periodically require Users to update this information.
16-7-41. (Formerly 16-9-13 (a)(1)) - Wastewater Discharge Permit Requirement
(a). No Significant Industrial User shall discharge wastewater into the POTW
without first obtaining an IUP from the Director.
(b). Director may require other Users to obtain wastewater discharge permits
as necessary to carry out the purposes of this ordinance.
(c). Any violation of the terms and conditions of a wastewater discharge permit
shall be deemed a violation of this Chapter and subjects the wastewater
discharge permittee to the sanctions set out in Articles VIII through Article IX
of this Chapter. Obtaining a wastewater discharge permit does not relieve a
permittee of its obligation to comply with all Federal and State Pretreatment
Standards or Requirements or with any other requirements of Federal, State,
and local law. \[All significant industrial users, all industrial users located in
extraterritorial areas and districts, and all other industrial users as determined by EPA
or the Director, which discharge into City's wastewater collection and treatment
system, shall, prior to commencing any discharge, apply for and obtain an Industrial
User Permit (IUP) from the City. Such industrial users which discharge to the City's
system at the time of adoption of the ordinance enacting this Section shall make
application for an IUP within ninety (90) days of the date of adoption of said ordinance,
and shall obtain the IUP not later than one hundred eighty (180) days after adoption
of said ordinance.\]
16-7-42. (Formerly 16-9-13 (a)(2)) - Wastewater Discharge Permitting
(a) Any User required to obtain a wastewater discharge permit who proposes
to begin or recommence discharging into the POTW must obtain such permit
prior to the beginning or recommencing of such discharge. An application for
this individual wastewater discharge permit, in accordance with Section 16-7-
43, must be filed at least ninety (90) days prior to the date upon which any
discharge will begin or recommence.
\[(2)\] (b) It shall be unlawful and a Class 2 municipal offense for any industrial user
who is required to obtain an IUP to discharge to the City's system unless the industrial
user holds a valid and unexpired IUP.
16-7-43 (Formerly 16-9-13 (b) and (c)) - Wastewater Discharge Permit Application
Contents
(a) All Users required to obtain a wastewater discharge permit must submit a
permit application. The Director may require Users to submit all or some of the
following information as part of a permit application:
(1) Identifying Information.
a.The name and address of the facility, including the name of the operator
and owner.
b.Contact information, description of activities, facilities, and plant
production processes on the premises.
c.\[(3)\] Standard industrial Classification (SIC) of both the industry as a whole
and any processes for which federal categorical standards have been
promulgated;
(2) Environmental Permits. A list of any environmental control permits held
by or for the facility.
(3) Description of Operations.
a. A brief description of the nature, average rate of production
(including each product produced by type, amount, processes, and rate
of production), and standard industrial classifications of the
operation(s) carried out by such User. This description should include
a schematic process diagram, which indicates points of discharge to
the POTW from the regulated processes.
b. Types of wastes generated, and a list of all raw materials and
chemicals used or stored at the facility which are, or could accidentally
or intentionally be, discharged to the POTW;
c. Number and type of employees, hours of operation, and proposed or
actual hours of operation;
d. Type and amount of raw materials processed (average and maximum
per day);
e. Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, floor drains, and appurtenances by size, location,
and elevation, and all points of discharge;
(4) Time and duration of discharges;
(5) The location for monitoring all wastes covered by the permit;
(6) Flow Measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined wastestream formula set out in (40 CFR §403.6(e)).
(7) Measurement of Pollutants.
a. The categorical Pretreatment Standards applicable to each regulated
process and any new categorically regulated processes for Existing
Sources.
b. The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the Standard or by the
Director, of regulated pollutants in the discharge from each regulated
process.
c. Instantaneous, Daily Maximum, and long-term average
concentrations, or mass, where required, shall be reported.
d.The sample shall be representative of daily operations and shall be
analyzed in accordance with procedures set out in Section 16-7-68 of
this Chapter. Where the Standard requires compliance with a BMP or
pollution prevention alternative, the User shall submit documentation
as required by the Director or the applicable Standards to determine
compliance with the Standard.
e. Sampling must be performed in accordance with procedures set out
in Section 16-7-69.
(2) Any other information as may be deemed necessary by the Director to
evaluate the permit application.
(b) Incomplete or inaccurate applications will not be processed and will be
returned to the User for revision.
16-7-44. (Formerly 16-9-13 (b) and (c)(22) and enacted as a new section) -
Application Signatories and Certifications
(a) All wastewater discharge permit applications, User reports and certification
statements must be signed by an Authorized Representative of the User and
contain the certification statement in Section 16-7-69.7.
(b) If the designation of an Authorized Representative is no longer accurate
because a different individual or position has responsibility for the overall
operation of the facility or overall responsibility for environmental matters for
the company, a new written authorization satisfying the requirements of this
Section must be submitted to the Director prior to or together with any reports
to be signed by an Authorized Representative.
16-7-45. (Formerly 16-9-13(c) and enacted as a new section) - Wastewater
Discharge Permit Decisions
The Director will evaluate the data furnished by the User and may require
additional information. Within ninety (90) days of receipt of a complete permit
application, Director will determine whether to issue a wastewater discharge
permit. The Director may deny any application for a wastewater discharge
permit.
Article V. Wastewater Discharge Permit Issuance
16-7-50 (Formerly 16-9-13(c) (17)) - Wastewater Discharge Permit Duration
\[17\] A wastewater discharge permit shall be issued for a specified time period,
which shall not to exceed five (5) years from the effective date of the permit. An
individual wastewater discharge permit may be issued for a period less than
five (5) years, at the discretion of the Director. Each wastewater discharge
permit will indicate a specific date upon which it will expire.
16-7-51 (Formerly 16-9-13 (c) and enacted as a new section) - Wastewater Discharge
Permit Contents
(a) A wastewater discharge permit shall include such conditions as are deemed
reasonably necessary by the Director to prevent Pass Through or Interference,
protect the quality of the water body receiving the treatment plant’s effluent,
protect worker health and safety, facilitate sludge management and disposal,
and protect against damage to the POTW.
(b) A wastewater discharge permits must contain:
(1) A statement that indicates the wastewater discharge permit issuance
date, expiration date and effective date.
(2) A statement that the wastewater discharge permit is nontransferable
without prior notification to the City in accordance with Section 16-7-54,
and provisions for furnishing the new owner or operator with a copy of the
existing wastewater discharge permit.
(3) Effluent limits, including Best Management Practices, based on
applicable Pretreatment Standards.
(4) Self-monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of
pollutants (or best management practice) to be monitored, sampling
location, sampling frequency, and sample type based on Federal, State, and
local law.
(5) A statement of applicable civil and criminal penalties for violation of
Pretreatment Standards and Requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable Federal, State, or local law.
(6)Requirements to control Slug Discharge, if determined by the Director to
be necessary.
(c). Wastewater discharge permits may contain, but need not be limited to, the
following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of
discharge, and/or requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of pollutants into the
treatment works;
(3) Requirements for the development and implementation of spill control
plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;
(4) Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of User charges and fees for the
management of the wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and
sampling facilities and equipment, including flow measurement devices;
(7) A statement that compliance with the wastewater discharge permit does
not relieve the permittee of responsibility for compliance with all applicable
Federal and State Pretreatment Standards, including those which become
effective during the term of the individual wastewater discharge permit and
(8) Other conditions as deemed appropriate by the Director to ensure
compliance with this Chapter, and State and Federal laws, rules, and
regulations.
16-7-52 (Formerly 16-9-13 (d (1) and (2)) - Permit Issuance Process
(a) Permit Appeals. Any person, including the User, may petition the Director
to reconsider the terms of a wastewater discharge permit within thirty (30) days
of notice of its issuance.
(1) Failure to submit a timely petition for review shall be deemed to be a
waiver of the administrative appeal.
(2) In its petition, the appealing party must indicate the individual
wastewater discharge permit provisions objected to, the reasons for this
objection, and the alternative condition, if any, it seeks to place in the
wastewater discharge permit
(3) The effectiveness of the individual wastewater discharge permit shall
not be stayed pending the appeal.
(4) Upon timely receipt of such request, the 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 a
record kept of the proceedings. The Wastewater Director shall then issue a
final decision on the appeal.
(5) If the Director fails to act within ninety (90) days, a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider
a wastewater discharge permit, not to issue an individual wastewater
discharge permit, or not to modify an individual wastewater discharge
permit shall be considered final administrative actions for purposes of
judicial review.
(b) \[(2)\] Judicial Review. Judicial review of any final decision of the Wastewater
Director 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 Wastewater Director.
16-7-53 (Formerly 16-9-13 (e) and enacted as a new section) - Permit Modification
(a) The Director may modify an individual wastewater discharge permit for good
cause, including, but not limited to, the following reasons:
(1) To incorporate any new or revised Federal, State, or local Pretreatment
Standards or Requirements;
(2) To address significant alterations or additions to the User’s operation,
processes, or wastewater volume or character since the time of the
wastewater discharge permit issuance;
(3) A change in either the POTW or the Industrial User that requires either
a temporary or permanent reduction or elimination of the authorized
discharge;
(4) Information indicating that the permitted discharge poses a threat to the
City’s POTW, City personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the
wastewater discharge permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical Pretreatment
Standards pursuant to 40 CFR § 403.13;
(8) To correct typographical or other errors in the individual wastewater
discharge permit; or
(9) To reflect a transfer of the facility ownership or operation to a new owner
or operator where requested in accordance with Section 16-7-54
16-7-54 (Formerly 16-9-13 (c)(19) and enacted as a new section) - Wastewater
Discharge Permit Transfer
(a) Individual wastewater discharge permits may be transferred to a new owner
or operator only if the permittee gives at least thirty (30) days advance notice
to the Director and the Director approves the wastewater discharge permit
transfer. The notice to the Director must include a written certification by the
new owner or operator which:
(1) States that the new owner and/or operator has no immediate intent to
change the facility’s operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing
individual wastewater discharge permit.
(b) Failure to provide advance notice of a transfer renders the individual
wastewater discharge permit void as of the date of facility transfer.
16-7-55 (Formerly 16-9-13 (f) and enacted as a new section) - Wastewater Discharge
Permit Suspension or Revocation
(a) The Director may revoke a wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
(1) Failure to notify the Director of significant changes to the wastewater
prior to the changed discharge;
(2) Failure to provide prior notification to the Director of changed
conditions pursuant to Section 16-7-64;
(3) Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application;
(4) Falsifying self-monitoring reports and certification statements;
(5) \[(2)\] Tampering with monitoring equipment;
(6) \[(3)\] Refusing to allow the Director timely access to the facility premises and
records;
(7) \[(4)\] Failure to meet effluent limitations;
(8) \[(5)\] Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12) Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or
(13) Violation of any Pretreatment Standard or Requirement, or any terms
of the wastewater discharge permit or this Chapter.
(b) 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 \[NPDES\] CDPS 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 Wastewater Director 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).
(c) Wastewater discharge permits shall be voidable upon cessation of
operations. All individual wastewater discharge permits issued to a User are
void upon the issuance of a new wastewater discharge permit to that User.
16-7-56 (Formerly 16-9-13 (g) and enacted as a new section) - Wastewater
Discharge Permit Reissuance
A User with an expiring wastewater discharge permit shall apply for
wastewater discharge permit reissuance by submitting a complete permit
application, in accordance with Section 16-7-43, a minimum of ninety (90) days
prior to the expiration of the User’s existing individual wastewater discharge
permit.
16-7-57 (New Section) – Reserved.
Article VI. Reporting Requirements
16-7-60 (Formerly 16-9-7 and enacted as a new section) - Baseline Monitoring
Reports
(a) Within either one hundred eighty (180) days after the effective date of a
categorical Pretreatment Standard, or the final administrative decision on a
category determination under 40 CFR § 403.6(a)(4), whichever is later, existing
Categorical Industrial Users currently discharging to or scheduled to discharge
to the POTW shall submit to the Director a report which contains the
information listed in paragraph (b), below. At least ninety (90) days prior to
commencement of their discharge, New Sources, and sources that become
Categorical Industrial Users subsequent to the promulgation of an applicable
categorical Standard, shall submit to the Director a report which contains the
information listed in paragraph (b), below. A New Source shall report the
method of pretreatment it intends to use to meet applicable categorical
Standards. A New Source also shall give estimates of its anticipated flow and
quantity of pollutants to be discharged.
(b)Users described above shall submit the information set forth below.
(1) All information required in Section 16-7-43 (a) (1) (a.), Section 16-7-
43(a)(2), Section 16-7-43 (a)(3) (a.), and Section 16-7-43 (a)(6).
(2) Measurement of pollutants.
a. The User shall provide the information required in Section 16-7-43 (a)
(7) (a.) through (d.).
b. The User shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
paragraph.
c. Samples should be taken immediately downstream from
pretreatment facilities if such exist or immediately downstream from
the regulated process if no pretreatment exists. If other wastewaters are
mixed with the regulated wastewater prior to pretreatment the User
should measure the flows and concentrations necessary to allow use
of the combined wastestream formula in 40 CFR § 403.6(e) to evaluate
compliance with the Pretreatment Standards. Where an alternate
concentration or mass limit has been calculated in accordance with 40
CFR § 403.6(e) this adjusted limit along with supporting data shall be
submitted to the Control Authority;
d. Sampling and analysis shall be performed in accordance with
Section 16-7-68;
e. The Director may allow the submission of a baseline report which
utilizes only historical data so long as the data provides information
sufficient to determine the need for industrial pretreatment measures;
f. The baseline report shall indicate the time, date and place of sampling
and methods of analysis, and shall certify that such sampling and
analysis is representative of normal work cycles and expected pollutant
discharges to the POTW.
(3) Compliance Certification. A statement, reviewed by the User’s
Authorized Representative as defined in Section 16-7-4 (3) and certified by
a qualified professional, indicating whether Pretreatment Standards are
being met on a consistent basis, and, if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required to meet
the Pretreatment Standards and Requirements.
(4) Compliance Schedule. If additional pretreatment and/or O&M will be
required to meet the Pretreatment Standards, the shortest schedule by
which the User will provide such additional pretreatment and/or O&M must
be provided. The completion date in this schedule shall not be later than
the compliance date established for the applicable Pretreatment Standard.
A compliance schedule pursuant to this Section must meet the
requirements set out in Section 16-7-61 of this Chapter.
(5) Signature and Report Certification. All baseline monitoring reports must
be certified in accordance with Section 16-7-69.7 of this Chapter and signed
by an Authorized Representative as defined in Section 16-7-4 (3).
16-7-61 (Former 16-9-6 and 16-9-7 (a) (8) and enacted as a new section) -
Compliance Schedule Progress Reports
(a) The following conditions shall apply to the compliance schedule required
by Section16-7-60 (b) (4) of this Chapter:
(1) The schedule shall contain progress increments in the form of dates for
the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for the User
to meet the applicable Pretreatment Standards (such events include, but
are not limited to, hiring an engineer, completing preliminary and final
plans, executing contracts for major components, commencing and
completing construction, and beginning and conducting routine
operation);
(2) No increment referred to above shall exceed nine (9) months;
(3) The User shall submit a progress report to the Director no later than
fourteen (14) days following each date in the schedule and the final date of
compliance including, as a minimum, whether or not it complied with the
increment of progress, the reason for any delay, and, if appropriate, the
steps being taken by the User to return to the established schedule; and
(4) In no event shall more than nine (9) months elapse between such
progress reports to the Director.
16-7-62 (Formerly 16-9-7 (b) and enacted as a new section) - Reports on Compliance
with Categorical Pretreatment Standard Deadline
Within ninety (90) days following the date for final compliance with
applicable categorical Pretreatment Standards, or in the case of a New Source
following commencement of the introduction of wastewater into the POTW, any
User subject to such Pretreatment Standards and Requirements shall submit
to the Director a report containing the information described in Section 16-7-43
(a) (6) and (7) and 6-7-60(b)(2) of this Chapter For Users subject to equivalent
mass or concentration limits established in accordance with the procedures in
Section 16-7-22, this report shall contain a reasonable measure of the User’s
long-term production rate. For all other Users subject to categorical
Pretreatment Standards expressed in terms of allowable pollutant discharge
per unit of production (or other measure of operation), this report shall include
the User’s actual production during the appropriate sampling period. All
compliance reports must be signed and certified in accordance with Section
16-7-69.7. All sampling will be done in conformance with Section 16-7-69.
16-7-63 (Formerly 16-9-7 (c) and 16-7-12 (e) and enacted as a new section) - Periodic
Compliance Reports
(a) All Significant Industrial Users must, at a frequency determined by the
Director submit reports, no less than twice per year (June and December) or on
dates specified, indicating the nature, concentration of pollutants in the
discharge which are limited by Pretreatment Standards and the measured or
estimated average and maximum daily flows for the reporting period. In cases
where the Pretreatment Standard requires compliance with a Best Management
Practice (BMP) or pollution prevention alternative, the User must submit
documentation required by the Director or the Pretreatment Standard
necessary to determine the compliance status of the User.
(b) All periodic compliance reports must be signed and certified in accordance
with Section 16-7-69.7 of this Chapter.
(c) All wastewater samples must be representative of the User’s discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all times. The
failure of a User to keep its monitoring facility in good working order shall not
be grounds for the User to claim that sample results are unrepresentative of its
discharge.
(d) If a User subject to the reporting requirement in this section monitors any
regulated pollutant at the appropriate sampling location more frequently than
required by the Director, using the procedures prescribed in Section 6-7-69 of
this ordinance, the results of this monitoring shall be included in the report.
16-7-64 (Formerly 16-9-13 (c) (11) and (12) and enacted as a new section) - Reports
of Changed Conditions
(a) Each User must notify the Director of any significant changes to the
User’s operations or system which might alter the nature, quality, or
volume of its wastewater at least ninety (90) days before the change.
(b)The Director may require the User to submit such information as may be
deemed necessary to evaluate the changed condition, including the
submission of a wastewater discharge permit application under Section 16-
7-43.
(c) The Director may issue a wastewater discharge permit under Section
16-7-56 or modify an existing wastewater discharge permit under Section
16-7-53 in response to changed conditions or anticipated changed
conditions.
16-7-65 (Formerly 16-9-9 and enacted as a new section) - Reports of Potential
Problems
(a) In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, a Slug Discharge or Slug Load, that might cause potential
problems for the POTW, the User shall immediately telephone and notify the
Director of the incident. This notification shall include the location of the
discharge, type of waste, concentration and volume, if known, and corrective
actions taken by the User.
(b) Within five (5) days following such discharge, the User shall, unless waived
by the Director, submit a detailed written report describing the cause(s) of the
discharge and the measures to be taken by the User to prevent similar future
occurrences. Such notification shall not relieve the User of any expense, loss,
damage, or other liability which might be incurred as a result of damage to the
POTW, natural resources, or any other damage to person or property; nor shall
such notification relieve the User of any fines, penalties, or other liability which
may be imposed pursuant to this Chapter.
(c) A notice shall be permanently posted on the User’s bulletin board or other
prominent place advising employees who to call in the event of a discharge
described in paragraph A, above. Employers shall ensure that all employees,
who could cause such a discharge to occur, are advised of the emergency
notification procedure.
(d) Significant Industrial Users are required to notify the Director immediately
of any changes at its facility affecting the potential for a Slug Discharge.
16-7-66 (New Section) - Reports from Unpermitted Users
All Users not required to obtain an individual wastewater discharge permit
shall provide appropriate reports to the Director as the Director may require.
16-7-67 (Formerly 16-9-7 (d) and enacted as a new section)- Notice of
Violation/Repeat Sampling and Reporting
(a) If sampling performed by a User indicates a violation, the User must notify
the Director within twenty-four (24) hours of becoming aware of the violation.
The User shall also repeat the sampling and analysis and submit the results of
the repeat analysis to the Director within thirty (30) days after becoming aware
of the violation.
(b) Resampling by the Industrial User is not required if the City performs
sampling at the User’s facility at least once a month, or if the City performs
sampling at the User between the time when the initial sampling was conducted
and the time when the User or the City receives the results of this sampling, or
if the City has performed the sampling and analysis in lieu of the Industrial
User.
16-7-68 (Formerly 16-9-7 (d) and enacted as a new section) - Analytical
Requirements
All pollutant analyses, including sampling techniques, to be submitted as
part of a wastewater discharge permit application or report shall be performed
in accordance with the techniques prescribed in 40 CFR Part 136 and
amendments thereto, unless otherwise specified in an applicable categorical
Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the EPA
determines that the Part 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analyses shall be
performed by using validated analytical methods or any other applicable
sampling and analytical procedures, including procedures suggested by the
Director or other parties approved by EPA.
16-7-69 (Formerly 16-9-12 (c) and 16-9-7 9(d) and enacted as a new section) -
Sample Collection
(a) Samples collected to satisfy reporting requirements must be based on data
obtained through appropriate sampling and analysis performed during the
period covered by the report, based on data that is representative of conditions
occurring during the reporting period.
(1) Except as indicated in Section (2) and (3) below, the User must collect
wastewater samples using 24-hour flow-proportional composite sampling
techniques, unless time-proportional composite sampling or grab
sampling is authorized by the Director. Where time-proportional composite
sampling or grab sampling is authorized by the City, the samples must be
representative of the discharge. Using protocols (including appropriate
preservation) specified in 40 CFR Part 136 and appropriate EPA guidance,
multiple grab samples collected during a 24-hour period may be
composited prior to the analysis as follows: for cyanide, total phenols, and
sulfides the samples may be composited in the laboratory or in the field;
for volatile organics and oil and grease, the samples may be composited in
the laboratory. Composite samples for other parameters unaffected by the
compositing procedures as documented in approved EPA methodologies
may be authorized by the City, as appropriate. In addition, grab samples
may be required to show compliance with Instantaneous Limits.
(2) Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
(3) For sampling required in support of baseline monitoring and 90-day
compliance reports required in Section 16-7-60 and 16-7-62 (40 CFR
403.12(b) and (d)), a minimum of four (4) grab samples must be used for pH,
cyanide, total phenols, oil and grease, sulfide and volatile organic
compounds for facilities for which historical sampling data do not exist; for
facilities for which historical sampling data are available, the Director may
authorize a lower minimum. For the reports required by paragraphs Section
16-7-63 (40 CFR §403.12(e) and §403.12(h)), the Industrial User is required
to collect the number of grab samples necessary to assess and assure
compliance by with applicable Pretreatment Standards and Requirements.
16-7-69.5 (New Section) - Date of Receipt of Reports
Written reports will be deemed to have been submitted on the date
postmarked. For reports, which are not mailed, postage prepaid, into a mail
facility serviced by the United States Postal Service, the date of receipt of the
report shall govern.
16-7-69.6 (Formerly 16-9-13 (c) (10) and enacted as a new section) - Recordkeeping
Users subject to the reporting requirements of this Chapter shall retain, and
make available for inspection and copying, all records of information obtained
pursuant to any monitoring activities required by this ordinance, any additional
records of information obtained pursuant to monitoring activities undertaken
by the User independent of such requirements, and documentation associated
with Best Management Practices established under Section 16-7-24 (g).
Records shall include the date, exact place, method, and time of sampling, and
the name of the person(s) taking the samples; the dates analyses were
performed; who performed the analyses; the analytical techniques or methods
used; and the results of such analyses. These records shall remain available
for a period of at least three (3) years. This period shall be automatically
extended for the duration of any litigation concerning the User or the City, or
where the User has been specifically notified of a longer retention period by
the Director.
16-7-69.7 (Formerly 16-9-13 (c)(22), 16-9-13 (b)(12) and 16-9-7 (b)(3) and enacted as
a new section) - Certification Statements
Certification of Permit Applications, & User Reports—The following
certification statement is required to be signed and submitted by Users
submitting permit applications in accordance with Section 16-7-43; Users
submitting baseline monitoring reports under Section 16-7-60(b) (5); Users
submitting reports on compliance with the categorical Pretreatment Standard
deadlines under Section 16-7-62, Users submitting periodic compliance reports
required by Section 16-7-63 (a)- (d); and any other reports required by the
Director. The following certification statement must be signed by an
Authorized Representative as defined in Section 16-7-4 (3):
I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons
who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.
Article VII. Compliance Monitoring
16-7-70 (16-9-12 (a) and (b) and enacted as a new section) - Right of Entry:
Inspection and Sampling
(a) The Director shall have the right to enter the premises of any User to
determine whether the User is complying with all requirements of this Chapter
and any individual wastewater discharge permit or order issued hereunder.
Users shall allow the Director ready access to all parts of the premises for the
purposes of inspection, sampling, records examination and copying, and the
performance of any additional duties.
(1) Where a User has security measures in force which require proper
identification and clearance before entry into its premises, the User shall
make necessary arrangements with its security guards so that, upon
presentation of suitable identification, the Director shall be permitted to
enter without delay for the purposes of performing specific responsibilities.
(2) The Director shall have the right to set up on the User’s property, or
require installation of, such devices as are necessary to conduct sampling
and/or metering of the User’s operations.
(3) The Director may require the User to install monitoring equipment as
necessary. The facility’s sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the User
at its own expense. All devices used to measure wastewater flow and
quality shall be calibrated to ensure their accuracy, but at a minimum, the
calibration shall occur per the manufacture’s requirements.
(4) Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the
User at the written or verbal request of the Director and shall not be
replaced. The costs of clearing such access shall be borne by the User.
(5) Unreasonable delays in allowing the Director access to the User’s
premises shall be a violation of this Chapter.
(6) The Director may require the Industrial User to provide and operate, a
control manhole, a sample box, or other monitoring equipment at the
owner’s expense approved by the Director, at a point to be determined by
the POTW where representative samples of all regulated discharges from
the industry can be collected and flow measurements accurately made as
necessary. The monitoring facilities shall be situated on the User’s
premises or such other location as allowed by the POTW. The POTW will
be allowed to use these monitoring facilities to sample at any time and
without notice.
(7) There shall be ample room in or near such monitoring manhole or facility
to allow accurate sampling and preparation of samples for analysis.
16-7-71 (New Section) Search Warrants
If the Director has been refused access to a building, structure, or property,
or any part thereof, and is able to demonstrate probable cause to believe that
there may be a violation of this Chapter, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program of the City
designed to verify compliance with this Chapter or any permit or order issued
hereunder, or to protect the overall public health, safety and welfare of the
community, the Director may seek issuance of a search warrant from the
Municipal Court of the City of Pueblo, Colorado.
16-7-72 (Formerly 16-9-16) - Confidential Information
(a) Information and data on a U\[u\]ser obtained from reports, \[questionnaires\] surveys,
wastewater discharge permit applications, wastewater discharge permits, and
monitoring programs and \[inspections\] from the Director’s inspection and sampling
activities, shall be available to the public or other governmental agency without restriction
unless the \[u\]User specifically requests and is able to demonstrate to the satisfaction of the
Director that the release of such information would divulge information, processes or methods
of production entitled to protection as trade secrets under applicable State law \[of the
user or would otherwise be injurious to its user or the user's business. \] Any such request
must be asserted at the time of submission of the information or data.
(b) When requested and demonstrated by the \[person\] User furnishing a report, \[the
portions of a report which might disclose trade secrets or secret processes and accepted by
the Director as confidential \] that such information should be held confidential, the
portions of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall be made available
immediately upon \[ written\] request to governmental agencies for uses related to this
Chapter, the \[National Pollutant Discharge Elimination System (NPDES)\] CDPS Permit,
State Disposal System permit and/or the Pretreatment Programs; and in enforcement
proceedings involving the person furnishing the report. \[provided, however, that
such portions of a report shall be available for use by the State or any state agency in judicial
review or enforcement proceedings involving the person furnishing the report.\] \[Wastewater
constituents and characteristics will not be recognized as confidential information.
Information accepted by the Director as confidential shall not be transmitted to any
governmental agency until ten (10) days after written notification of such request has been
given to the user by first class mail.\] Wastewater constituents and characteristics
and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as
confidential information and shall be available to the public without restriction.
16-7-73 (Formerly 16-9-2(35) and 16-9-14(d)) - Publication of Users in Significant
Noncompliance
The Director shall publish annually, in a newspaper of general circulation
that provides meaningful public notice within the jurisdictions served by the
POTW, a list of the Users which, at any time during the previous twelve (12)
months, were in Significant Noncompliance with applicable Pretreatment
Standards and Requirements. The term Significant Noncompliance shall be
applicable to all Significant Industrial Users (or any other Industrial User that
violates paragraphs (3), (4) or (8) of this Section) and shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent (66%) or more of all the measurements taken for the same
pollutant parameter taken during a six- (6-) month period exceed (by any
magnitude) a numeric Pretreatment Standard or Requirement, including
Instantaneous Limits as defined \[ by 40 C.F.R. § 403.3();\] 16-7-4(34) and 16-7-
4(33)
(2) Technical Review Criteria (TRC) violations, defined here as those in which
thirty-three percent (33%) or more of wastewater measurements taken for each
pollutant parameter during a six- (6-) month period equals or exceeds the product
of the numeric Pretreatment Standard or Requirement including Instantaneous
Limits, as defined by \[40 C.F.R. § 403.3(1),\] 16-7-4(33) and 16-7-4(34)multiplied by
the applicable \[TRC\] criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for
all other pollutants except pH);
(3) Any other violation of a Pretreatment Standard or Requirement as defined by
\[40 C.F.R. § 403.3(1)\] 16-7-4(33) and 16-7-4(34)(Daily Maximum, long-term
average, Instantaneous Limit, or narrative standard) that the \[POTW\] Director
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);
(4) Any discharge of a pollutant that has caused imminent endangerment to the
public or to the environment, or has resulted in the \[POTW's\] Director’s exercise
of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in \[a local control mechanism\] wastewater
discharge permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
(6) Failure to provide within forty-five (45) days after the due date, any required
reports, \[such as\] including baseline monitoring reports, \[ninety-day compliance
reports\],reports on compliance with categorical Pretreatment Standard
deadlines, periodic self-monitoring reports, and reports on compliance with
compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), \[or group of violations,\] which may include a violation of
Best Management Practices, which the \[POTW\] Director determines will
adversely affect the operation or implementation of the local pretreatment
program.
Article VIII. Administrative Enforcement Remedies
16-7-80 (Formerly 16-7-19 (a), 16-9-13 (h) and 16-9-14(b) and enacted as a new
section) - Notification of Violation
When the Director finds that a User has violated, or continues to violate,
any provision of this Chapter, a wastewater discharge permit, or order issued
hereunder, or any other Pretreatment Standard or Requirement, the Director
may serve upon that User a written Notice of Violation. Within ten (10) days of
the receipt of such notice, an explanation of the violation and a plan for the
satisfactory correction and prevention thereof, to include specific required
actions, shall be submitted by the User to the Director. Submission of such a
plan in no way relieves the User of liability for any violations occurring before
or after receipt of the Notice of Violation. Nothing in this Section shall limit the
authority of the Director to take any action, including emergency actions or any
other enforcement action, without first issuing a Notice of Violation.
16-7-81 (New Section) - Consent Orders
The Director may enter into Consent Orders, assurances of compliance, or
other similar documents establishing an agreement with any User responsible
for noncompliance. Such documents shall include specific action to be taken
by the User to correct the noncompliance within a time period specified by the
document. Such documents shall have the same force and effect as the
administrative orders issued pursuant to Sections 16-7-83 and 16-7-84 of this
Chapter and shall be judicially enforceable.
16-7-82 (Formerly 16-9-2 (33) and 16-9-13 (h) (2) and enacted as a new section) -
Show Cause Hearing
The Director may order a User which has violated, or continues to violate,
any provision of this Chapter, a wastewater discharge permit or order issued
hereunder, or any other Pretreatment Standard or Requirement, to appear
before the Director and show cause why the proposed enforcement action
should not be taken. Notice shall be served on the User specifying the time
and place for the meeting, the proposed enforcement action, the reasons for
such action, and a request that the User show cause why the proposed
enforcement action should not be taken. The notice of the meeting shall be
served personally or by registered or certified mail (return receipt requested)
at least ten (10) days prior to the hearing. Such notice may be served on any
Authorized Representative of the User as defined in Section 16-7-4 (3) and
required by Section 16-7-44 (a). A show cause hearing shall not be a bar
against, or prerequisite for, taking any other action against the User.
16-7-83 (Formerly 16-9-13 (h) (3) and enacted as a new section) - Compliance Orders
When the Director finds that a User has violated, or continues to violate,
any provision of this Chapter, a wastewater discharge permit, or order issued
hereunder, or any other Pretreatment Standard or Requirement, the Director
may issue an order to the User responsible for the discharge directing that the
User come into compliance within a specified time. If the User does not come
into compliance within the time provided, sewer service may be discontinued
unless adequate treatment facilities, devices, or other related appurtenances
are installed and properly operated. Compliance orders also may contain other
requirements to address the noncompliance, including additional
self-monitoring and management practices designed to minimize the amount
of pollutants discharged to the sewer. A compliance order may not extend the
deadline for compliance established for a Pretreatment Standard or
Requirement, nor does a compliance order relieve the User of liability for any
violation, including any continuing violation. Issuance of a compliance order
shall not be a bar against, or a prerequisite for, taking any other action against
the User.
16-7-84 (Formerly 16-9-3 (a) and 16-9-14 (b) and enacted as a new section) - Cease
and Desist Orders
When the Director finds that a User has violated, or continues to violate,
any provision of this Chapter, a wastewater discharge permit, or order issued
hereunder, or any other Pretreatment Standard or Requirement, or that the
User’s past violations are likely to recur, the Director may issue an order to the
User directing it to cease and desist all such violations and directing the User
to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge. Issuance of a cease and
desist order shall not be a bar against, or a prerequisite for, taking any other
action against the User.
16-7-85 (Formerly 16-9-14 (a) and enacted as a new section) - Emergency
Suspensions
(a) The Director may immediately suspend a User’s discharge, after informal
notice to the User, whenever such suspension is necessary to stop an actual
or threatened discharge, which reasonably appears to present, or cause an
imminent or substantial endangerment to the health or welfare of persons. The
Director may also immediately suspend a User’s discharge, after notice and
opportunity to respond, that threatens to interfere with the operation of the
POTW, or which presents, or may present, an endangerment to the
environment.
(1) Any User notified of a suspension of its discharge shall immediately
stop or eliminate its contribution. In the event of a User’s failure to
immediately comply voluntarily with the suspension order, the Director
may take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW, its
receiving stream, or endangerment to any individuals. The Director may
allow the User to recommence its discharge when the User has
demonstrated to the satisfaction of the Director at the period of
endangerment has passed, unless the termination proceedings in Section
16-7-86 are initiated against the User.
(2) A User that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written
statement, describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence, to the Director prior to
the date of any show cause or termination hearing under Sections 16-7-82
or 16-7-86.
(b) Nothing in this Section shall be interpreted as requiring a hearing prior to any
Emergency Suspension under this Section.
16-7-86 (Formerly 16-9-13 (f) and enacted as a new section) Termination of
Discharge
(a) In addition to the provisions in Section 16-7-55 of this ordinance, any User
who violates the following conditions is subject to discharge termination:
(1) Violation of individual wastewater discharge permit conditions;
(2) Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3) Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
(4) Refusal of reasonable access to the User’s premises for the purpose of
inspection, monitoring, or sampling; or
(5) Violation of the Pretreatment Standards in Article II of this Chapter.
(b) Such User will be notified of the proposed termination of its discharge and
be offered an opportunity to show cause under Section 16-7-82 why the
proposed action should not be taken. Exercise of this option by the Director
shall not be a bar to, or a prerequisite for, taking any other action against the
User.
16-7-87 (Formerly 16-7-20) – Damages
Any person violating any of the provisions of this Chapter shall become liable to
the City for any expense, loss or damage occasioned by the City by reason of such
violation.
Article IX Judicial Enforcement Remedies
16-7-90 (Formerly 16-7-19(b), 16-9-13 (h) and 16-9-14 (c) and enacted as a new
section) - Injunctive Relief
When the Director finds that a User has violated, or continues to violate,
any provision of this Chapter, a wastewater discharge permit, or order issued
hereunder, or any other Pretreatment Standard or Requirement, the Director
may petition the Municipal Court through the City’s Attorney for the issuance
of a temporary or permanent injunction, as appropriate, which restrains or
compels the specific performance of the individual wastewater discharge
permit, order, or other requirement imposed by this Chapter on activities of the
User. The Director may also seek such other action as is appropriate for legal
and/or equitable relief, including a requirement for the User to conduct
environmental remediation. A petition for injunctive relief shall not be a bar
against, or a prerequisite for, taking any other action against a User.
16-7-91 (Formerly 16-9-14 (e)) - Civil Penalties
(a) \[(e)\]The Municipal Court is hereby authorized to impose civil penalties of up to
twenty-five thousand dollars ($25,000.00) for each day of violation against any
industrial user who violates any provision of this Title, any term or requirement of an
IUP or any cease and desist order. Proceedings to impose civil penalties shall be
commenced by filing with the Municipal Court a petition signed by the Director which
sets forth the nature of the violation and the amount of the penalty sought. Such
proceedings shall be civil in nature and the burden of proving the violation shall be by
a preponderance of the evidence. Such proceedings shall be given priority on the
Court's docket. If the violation is proven, the amount of the civil penalty shall be
determined by the Court based upon the following considerations:
(1) The extent of harm, caused by the violation, if any;
(2) The magnitude and duration of the violation;
(3) Any economic benefit gained through the user's violation;
(4) Corrective actions taken by the industrial user;
(5) The compliance history of the user; and
(6) Whether the violation was beyond the user's control, occurred as a result of
negligence or was caused by willful conduct.
(b) The Director may recover reasonable attorneys’ fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the City.
(c) Filing a suit for civil penalties shall not be a bar against, or a prerequisite
for, taking any other action against a User.
16-7-92 (Formerly 16-7-21, 16-9-15 and enacted as a new section) - Criminal
Prosecution
\[Sec. 16-7-21. - Enforcement.
It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply
with or resist the enforcement of any provision of this Chapter and, upon conviction
therefor, shall be punished as provided in Section 1-2-1 of this Code. Each day such
violation shall continue shall be deemed a separate offense.\]
\[Sec. 16-9-15. - Unlawful conduct and criminal penalties.
(a)It shall be unlawful and a Class 2 municipal offense for any person to knowingly
violate, disobey, omit, neglect, refuse or fail to comply with or resist the
enforcement of any provision of this Chapter and, upon conviction therefor shall
be punished as provided in Section 1-2-1 of this Code. Each day such violation
shall continue shall be deemed a separate offensee thousand dollars ($1,000.00).\]
(a) It shall be unlawful for any person to willfully or negligently violate any
provision of this Chapter, a wastewater discharge permit or order issued
hereunder, or any other Pretreatment Standard or Requirement and upon
conviction shall be punished as provided in Section 1-2-1 of this Code. Each
day such violation shall continue shall be deemed a separate offense.
(b) It shall be unlawful for any person to willfully or negligently introduces any
substance into the POTW which causes personal injury or property damage
and upon conviction shall be punished as provided in Section 1-2-1 of this
Code. This penalty shall be in addition to any other cause of action for personal
injury or property damage available under State law. Each day such violation
shall continue shall be deemed a separate offense.
(c) \[(b) Any person who\] It shall be unlawful for any person to knowingly make\[s\]
any false statements, representations, or certifications in any application, record,
report, plan, or other documentation filed, or required to be maintained, pursuant to
this Chapter, wastewater discharge permit, or order issued hereunder, or \[who
falsifies, tampers with, or knowingly renders\] to falsify, tamper with or knowingly
render inaccurate any monitoring device or method required under this Chapter
\[shall, upon conviction,\] and upon conviction shall be punished \[by a fine of not
more than one thousand ($1,000.00).\] as provided in Section 1-2-1 of this Code.
Each day such violation shall continue shall be deemed a separate offense.
16-7-93 (New Section) – Remedies nonexclusive
The remedies provided for in this Chapter are not exclusive. The Director
may take any, all or any combination of action against a noncompliant User.
Enforcement of pretreatment violation will generally be in accordance with
City’s Enforcement Response Plan. However, the Director may take other
action against any User when the circumstances warrant. Further, the Director
is empowered to take more than one enforcement action against any
noncompliant User.
Article X. Affirmative Defenses to Discharge Violations
16-7-100 (New Section ) - Upset
(a) For the purposes of this Section, upset means an exceptional incident in
which there is unintentional and temporary noncompliance with categorical
Pretreatment Standards because of factors beyond the reasonable control of
the User. An upset does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless or improper
operation.
(b) An upset shall constitute an affirmative defense to an action brought for
noncompliance with categorical Pretreatment Standards if the requirements of
paragraph (c), below, are met.
(c) A User who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and the User can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and
workman-like manner and in compliance with applicable operation and
maintenance procedures; and
(3) The User has submitted the following information to the Director within
twenty-four (24) hours of becoming aware of the upset (if this information
is provided orally, a written submission must be provided within five (5)
days):
a. A description of the indirect discharge and cause of noncompliance;
b. The period of noncompliance, including exact dates and times or, if
not corrected, the anticipated time the noncompliance is expected to
continue; and
c. Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(d) In any enforcement proceeding, the User seeking to establish the
occurrence of an upset shall have the burden of proof.
(e) Users shall have the opportunity for a judicial determination on any
claim of upset only in an enforcement action brought for
noncompliance with categorical Pretreatment Standards.
(f) Users shall control production of all discharges to the extent
necessary to maintain compliance with categorical Pretreatment
Standards upon reduction, loss, or failure of its treatment facility until
the facility is restored or an alternative method of treatment is provided.
This requirement applies in the situation where, among other things,
the primary source of power of the treatment facility is reduced, lost, or
fails.
16-7-101 (Formerly 16-7-13(f)) - Prohibited Discharge Standards
\[f\] A User shall have an affirmative defense to an enforcement action brought
against it for noncompliance with the general prohibitions in\[subsection (b) of this
Section or the specific prohibitions in Subsections (c)(7) and (15) of this Section or as
otherwise provided by the Act\] Section 16-7-21 (a) of this Chapter or the specific
prohibitions in Sections 16-7-21 (b)(3) through (b)(21) except (b)(8)of this
Chapter 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 \[NPDES\] CDPS permit, and in the case of Interference, was
in compliance with applicable sludge use or disposal requirements.
16-7-102 (New Section) Bypass
(a) For the purposes of this Section,
(1) Bypass means the intentional diversion of wastestreams from any
portion of a User’s treatment facility.
(2) Severe property damage means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of
a bypass. Severe property damage does not mean economic loss
caused by delays in production.
(b) A User may allow any bypass to occur which does not cause Pretreatment
Standards or Requirements to be violated, but only if it also is for essential
maintenance to assure efficient operation. These bypasses are not subject to
the provision of paragraphs (c) and (d) of this Section.
(c) Bypass Notifications
(1) If a User knows in advance of the need for a bypass, it shall submit prior
notice to the Director, at least ten (10) days before the date of the bypass,
if possible.
(2) A User shall submit oral notice to the Director of an unanticipated
bypass that exceeds applicable Pretreatment Standards within twenty-four
(24) hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five (5) days of the time the User
becomes aware of the bypass. The written submission shall contain a
description of the bypass and its cause; the duration of the bypass,
including exact dates and times, and, if the bypass has not been corrected,
the anticipated time it is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the bypass. The Director
may waive the written report on a case-by-case basis if the oral report has
been received within twenty-four (24) hours.
(d) Bypass
(1) Bypass is prohibited, and the Director may take an enforcement action
against a User for a bypass, unless
a. Bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage;
b. There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
c. The User submitted notices as required under paragraph (c) of this
section.
(2) The Director may approve an anticipated bypass, after considering its
adverse effects, if the Director determines that it will meet the three
conditions listed in paragraph (d)(1) of this Section.
Article XI Miscellaneous Provisions
16-7-110 (Formerly 16-9-11) - Pretreatment Charges and Fees
(a) The City may adopt reasonable fees for reimbursement of costs of setting
up and operating the City’s Pretreatment Program, which may include:
(1) Fees for wastewater discharge permit applications including the cost of
processing such applications;
(2) Fees for monitoring, inspection, and surveillance procedures including
the cost of collection and analyzing a User’s discharge, and reviewing
monitoring reports and certification statements submitted by Users;
(3) Fees for reviewing and responding to accidental discharge procedures
and construction;
(4) Fees for filing appeals;
(5) Fees to recover administrative and legal costs (not included in Section
16-7-110 (b) associated with the enforcement activity taken by the Director
to address IU noncompliance; and
(6) Other fees as the City may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered by this
Chapter and are separate from all other fees, fines, and penalties
chargeable by the City.
\[Each industrial user subject to National Categorical or Prohibitive Pretreatment
Standards shall pay all costs incurred by the POTW in the operation and maintenance of
the pretreatment program, which costs relate to the user's pretreatment facility. Such
costs shall include, but are not limited to:
(1)Costs for monitoring, inspections and surveillance procedures, including
laboratory analysis;
(2)Costs for reviewing accidental discharge procedures and construction;
(3)Costs, if any, for consistent removal of the user's pollutants otherwise subject
to National Pretreatment Standards.\]
(b) The above costs relate solely to the matters covered by this Chapter and are
separate from all other fees or costs chargeable by the City
16-7-111 (Formerly 16-7-25 and 16-9-17 and enacted as a new section) – Severability
and conflict
(a) If any section, subsection, sentence, clause, phrase or portion of this
Chapter is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion held to be invalid shall be deemed a
separate, distinct and independent provision and such holding shall not affect
the validity of the remaining portions hereof.
(b) All other ordinances and parts of ordinances inconsistent or conflicting with
any part of this Chapter are hereby repealed to the extent of such
inconsistencies or conflict.
SECTION 4.
All provisions of Chapter 9 have been relocated as provided in Section 3 of this
Ordinance other than former section 16-9-4 which is repealed. Chapter 9 of Title XVI is
amended to read as follows:
Reserved.
SECTION 5.
The following Sections of Chapter 10 of Title XVI are amended 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:
(1) Sewer system shall mean both sanitary sewer collection and wastewater
treatment systems operated by the City.
(2) Sand Waste Loads shall mean loads from sand/oil interceptors, oil/water
separators, sand traps, carwash wash cleaning, and engine shop waste.
\[(2)\] (3) Urban drainage system shall mean the systems of detention basins, drain
pans, culverts and inlets, and pipes and conduits connected thereto, or
transmitting flow therefrom, which are owned and operated by the City for the
purpose of collection of storm water and conveyance thereof to natural drainage
channels. The term shall also be taken to include all private culverts, conduits,
drain pans and pipes which are capable of conveying liquids toward or into the
City's storm water collection system, regardless of whether the private facilities
are directly connected or not.
\[(3)\] (4) Septic waste business shall mean any person, partnership, corporation
or association which engages in any of the following operations or operates a
business engaged in or which perform such services:
a. The cleaning out or drainage of septic tanks, cesspools, privy vaults,
portable toilets or grease traps within the City;
b. The haulage by truck or other conveyance anywhere within or through the
City of any sewage, septic waste, cesspool waste, grease trap cleanings or
other liquid waste of conventional nature; or
c. The discharge of any waste or wastewater into the sewer system, except
that by a sewer user discharging wastewater produced or generated on
building premises through the authorized and permanent pipe connection
and building sewer for such premises.
\[(4)\] (5) Septic wastes shall mean all forms of domestic wastewater, including
waste and wastewater from cesspools, septic tanks, privy vaults, portable toilets,
grease traps and other conventional liquid wastes.
\[(5)\] (6) Director or Wastewater Director shall mean the current Director of the
Wastewater Department.
(b) All other words used in this Chapter shall have the special meanings ascribed to
them by use or definition in Chapters 3, 4, 5, 6, 7 and 9 of this Title and Chapter 1 of
Title I, but if no special meaning has been given, words shall have their commonly
understood meaning.
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. \[The manifest record shall be
designed so as to produce an original and at least two (2) copies upon the same
impression.\]
(1) Permittees shall prepare a manifest record each time they pump or receive
septic wastes into a vehicle for transport and disposal. The manifest record shall
contain identification of the source of the septic wastes, the type of septic wastes,
the name and address of the customer or person for whom septic service is being
provided, the address where the septic waste was received, the gallonage of
septic wastes removed and placed in the vehicle, the date and time the septic
waste was received into the vehicle, identification of the permittee and the
particular vehicle used and the mileage on the vehicle odometer prior to leaving
the location where the septic waste was received. Prior to transporting the septic
waste, an employee of the permittee with knowledge of the accuracy of the
information contained in the manifest shall sign the manifest certifying the
information to be true to the best of his or her knowledge.
(2) Permittees shall supplement the manifest record at the time of disposal or
discharge of the septic wastes to the designated receiving point of the sewer
system or another facility duly authorized to accept such wastes. The permittee
shall place on the manifest record identification of the disposal facility and its
address, the gallonage of septic wastes discharged, the vehicle odometer
mileage and the date and time of such discharge. An employee with knowledge
of the accuracy of this supplemental information shall sign the manifest certifying
the supplemental information to be true to the best of his or her knowledge.
(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.
(4) The original copy of the manifest records for all septic wastes, or sand waste
received or transported during any month and bearing all required information
and signatures shall be submitted to the Wastewater Director by not later than
the \[eighteenth day\]tenth day day of the following month.
(5) Every vehicle used by a permittee for the receiving or transportation of septic
wastes shall carry a copy of the manifest record for all septic wastes received or
transported at any time during the preceding twenty-four (24) hours.
(6) Upon demand of any police officer, employee of the Pueblo City-County
Health Department or employee of the Wastewater 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.
(b) Vehicles and Equipment. Only vehicles for which a current certificate of inspection
has been issued in accordance with Section 16-10-2(a)(4) shall be employed in
transport of septic wastes. All permittees shall maintain vehicles in a safe and sanitary
condition. Permittees shall receive, transport and discharge wastes in a manner so
as to avoid leaks, spills and accidental discharge. Permittees shall immediately
contain and clean up any spill or leakage which may occur.
(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
authorization from the Wastewater Director 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.
(2) The Wastewater Director 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.
(3) Discharge by septic waste businesses into the sewer system is subject to all
requirements of Chapter 6, 7,\[and\] 9, and 10 of this Title and subject to payment
of all sewer user and high strength surcharges at the rates therein established
and as may be modified by ordinance or resolution.
(4) Authorization to use the designated receiving point may be suspended or
revoked by the Wastewater Director 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, or 10 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.
(5) Sand waste Loads must not be mixed with other septic waste loads, and
the sand waste load may only be discharged in the drying beds, or another
place as directed by the Director.
(e) Sampling. Employees of the Wastewater 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.
(f) Prohibited Wastes. No hazardous waste, as the term is presently or hereafter
defined by regulations promulgated by the Administrator of the Environmental
Protection Agency and published as Part 260 of Title 40, C.F.R., shall be transported
in vehicles used to transport septic wastes, nor shall any such hazardous wastes be
discharged into sewer system or the designated access point of same. Wastewater
from commercial or industrial sites, engine shops as defined in Chapter 8,
carwashes and other similar industries is prohibited.
Sec. 16-10-4. - Revocation procedures.
(a) Septic waste business permits may be revoked or suspended by the Wastewater
Director for any of the following reasons:
(1) Cancellation, termination or expiration of required insurance or bonds;
(2) Misrepresentation of material fact or concealment of material fact;
(3) Disregard or violation of any provision of Chapters 6, 7, 9 or \[9\] 10 of this
Title;
(4) Discharge to other than a designated receiving point of sewer system or
another authorized facility;
(5) Violation of state or federal clean water laws or regulations;
(6) Conducting operations in an unsafe or unsanitary manner;
(7) Failure to timely pay all sewer user charges and fees including high strength
surcharges.
(8) Failure to follow or obey rules and regulations governing use and safety at the
designated receiving point.
(9) Failure to submit manifest records in a timely manner.
(b) If the Wastewater Director 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:
SECTION 6.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with the intent of this Ordinance to effectuate the policies and
procedures described herein.
SECTION 7.
This Ordinance shall become effective thirty days after the date of final action by
the Mayor and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on May 26, 2020
Final adoption of Ordinance by City Council on June 22, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on June 26, 2020 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-10
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 26, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, City Clerk
FROM: Nancy Keller, Wastewater Director
SUBJECT: AN ORDINANCE RELOCATING AND AMENDING PROVISIONS OF CHAPTERS
3, 6, 7, 9 AND 10 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING
TO SEWER USE REGULATIONS AND PRETREATMENT PROGRAM
REQUIREMENTS FOR INDUSTRIAL USERS AND PROVIDING PENALTIES
FOR THE VIOLATION THEREOF
SUMMARY:
The proposed Ordinance makes necessary revisions to City’s Wastewater Ordinances set forth
in Title XVI in accordance with recommendations of the Environmental Protection Agency.
PREVIOUS COUNCIL ACTION:
The City’s Pretreatment Program was previously updated pursuant to Ordinance No. 8436 which
became effective on January 9, 2012.
BACKGROUND:
In May 2019, the City of Pueblo’s (City) Pretreatment Program was audited by the Environmental
Protection Agency as part of the oversite of approved Pretreatment Programs. Some of the audit
findings were that the City’s Ordinance Title XVI Chapters 7 -10 needed to be updated to remove
certain prohibitions that were not technically based, to include information about affirmative
defenses and other updates to the program’s authority. The EPA recommended that the
ordinance be consolidated to reduce redundancy.
The Pretreatment Program updated the Ordinance Title XVI Chapters 6-10 to align with the EPA’s
Model Ordinance to consolidate the Chapters and reduce redundancy. Some sections of Chapter
7 were moved to Chapter 6, because the sections are about surcharging and fees. Two sections
of Chapter 7 were moved to Chapter 3 because the sections include information about sewer
install requirements. Chapter 7 now contains all the legal authority and program implementation
information for the program that was spread between Chapters 7 and 9. Chapter 8 does not have
any changes. Chapter 9 is now reserved, and there are a few changes to the language in Chapter
10 about how waste haulers should handle loads that are from sand traps, oil/water separators,
or sand/oil interceptors. The EPA has reviewed the changes to the programs legal authority and
stated the Ordinance is approvable.
FINANCIAL IMPLICATIONS:
Additional revenues shall be received based upon the sixty dollars ($60.00) sand waste load
which will be charged upon septic haulers depositing such waste at the water reclamation plant
to cover landfill costs.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If the City does not pass the proposed Ordinance, the City will still have to change the
Pretreatment Program Chapters to comply with the required changes listed in the audit finding by
June 30, 2020. If the City does not include the required changes, the EPA may enforce on the
City with fines and other penalties.
RECOMMENDATION:
Pass and approve the proposed Ordinance.
Attachments:
Proposed Ordinance