HomeMy WebLinkAbout05655ORDINANCE NO. 5655
AN ORDINANCE AMENDING CHAPTER 9 OF TITLE XVI
OF THE 1971 CODE OF ORDINANCES RELATING TO
INDUSTRIAL PRETREATMENT AND INDUSTRIAL USER
PERMITS, AND PROVIDING PENALTIES FOR VIOLATION
THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
(Brackets indicate material being deleted; underscoring indicates
new material being added.)
SECTION 1.
Section 16 -9 -1 of Chapter 9 of Title XVI of the 1971 Code of
Ordinances of the City of Pueblo, as amended, is hereby amended to
read as follows:
16 -9 -1: PURPOSE AND POLICY
This chapter sets forth uniform requirements for direct
and indirect discharges into the wastewater collection and
treatment system for the City of Pueblo and enables the City
to comply with all applicable State and Federal laws required
by The Clean Water Act of 1977 (P.L. 95 -217) and the General
Pretreatment regulations for existing and New Sources of
Pollution (40 CFR, Part 403).
The objectives of this chapter are:
A. To prevent the introduction of pollutants into the
municipal wastewater system which will interfere with the
operation of the system or contaminate the resulting sludge.
B. To prevent the introduction of pollutants into the
municipal wastewater system which will pass through the
system, inadequately treated, into receiving waters or the
atmosphere or otherwise be incompatible with the system.
C. To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system.
This chapter shall apply to the City of Pueblo and to
persons outside the City who are, by contract or agreement
with the City, Users of the City's Publicly Owned Treatment
Works (POTW). Except as otherwise provided herein, the
Director of [the Pueblo POTW] Utilities shall administer,
implement, and enforce the provisions of this chapter.
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Section 16 -9 -2 of Chapter 9 of Title XVI of the 1971 Code of
Ordinances of the City of Pueblo, as amended, is hereby amended by
the addition of new subsections 31 and 32 thereto, to read as
follows:
16 -9 -2: DEFINITIONS
31. Industrial User Permit or IUP: The permits
required to be held by all Industrial Users issued in
accordance with the provisions of this chapter and which
serve as one of the City's control mechanisms to ensure
that industrial users meet all applicable pretreatment
standards and reauirements.
32. Significant Industrial User: Any discharger
which (a) is subject to any categorical pretreatment
standard, or (b) discharges an average of 25,000 gallons
per day or more of process wastewater, excluding
sanitary non - contact cooling and boiler blowdown
wastewaters, or (c) is designated as such by the
Director, using his best professional judgme on the
basis that the industrial user has a foreseeable
potential for adversely affecting the POTW's operation
or for violatina anv pretreatment standard or reauire-
ment.
SECTION 3.
Paragraph 1 of Subsection A of Section 16 -9 -4 of Chapter 9 of
Title XVI of the 1971 Code of Ordinances of the City of Pueblo, as
amended, is hereby amended to read as follows:
16 -9 -4: MODIFICATION OF NATIONAL CATEGORICAL PRETREATMENT
STANDARDS
A. CONSISTENT REMOVAL
1. Where the POTW achieves Consistent Removal of
pollutants limited by National Categorical Pretreatment
Standards, the User may apply to the Approval Authority
through the City for modification of specific limits in
the standards. Upon approval by the Approval Authority,
the City may then modify pollutant discharge limits in
the standards under the provisions of 40 [CFT] CFR
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Section 403.7. The proposed revised discharge limit for
a specified pollutant shall be derived by use of the
following formula:
x
Y = 1 - r
where:
x = pollutant discharge limit specified in the
applicable Categorical Pretreatment Standard
(expressed in milligrams per liter).
r = POTW's Consistent Removal rate for that
pollutant as established under 403.7(c)(2)
(percentage expressed as a decimal).
Y = revised discharge limit for the specified
pollutant (expressed in milligrams per liter).
SECTION 4.
Sections 16 -9 -13, 16 -9 -14 and 16 -9 -15 of the 1971 Code of
Ordinances of the City of Pueblo, as amended, are amended by
repeal and reenactment to read as follows:
[ 16 -9 -13: ENFORCEMENT
A. HARMFUL DISCHARGE The City may suspend the waste-
water treatment service when such suspension is necessary, in
the opinion of the Director, in order to stop an actual or
threatened discharge which presents or may present an
imminant or substantial endangerment to the public health,
safety, or welfare. Any person notified of a suspension of
the wastewater treatment service shall immediately stop or
eliminate such discharge. In the event of a failure of the
User to comply voluntarily with the suspension order, the
City may take such steps as deemed necessary including
immediate severance of the sewer connection, to prevent or
minimize endangerment to the public health, safety or
welfare. The City shall reinstate the wastewater treatment
service upon proof of the elimination of such discharge. A
detailed written statement submitted by the User describing
the causes of such discharge and the measures taken to
prevent any harmful discharges in the future, shall be
submitted to the City within 15 days of such discharge.
B. NOTIFICATION OF VIOLATION. Whenever the Director
finds that any User has violated any provision of this
Chapter, or any prohibition or limitation of requirements
contained herein, the Director shall serve upon such User a
written notice stating the nature of the violation. Within
30 days of the date of the notice, the User shall submit to
the Director a plan for the satisfactory correction thereof.
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C. LEGAL ACTION If any person discharges sewage,
industrial wastes or other wastes into the City's wastewater
disposal system contrary to the provision of this Chapter,
National or State Pretreatment Requirements, or any order of
the City, the City may commence an action for appropriate
relief including injunctive relief in any court of competent
jurisdiction.
D. PUBLIC NOTIFICATION. The City shall anually
publish in the City's largest daily newspaper a list of the
Users which were in significant violation of any Pretreatment
Standards at least once during the 12 previous months. The
notification shall also summarize any enforcement actions
taken against such Users during the same 12 months. For the
purposes of this provision, a significant violation would be
a violation which remains uncorrected 45 days after notifica-
tion of non - compliance, or which is part of a pattern of non-
compliance over a twelve month period, or which involves a
failure to accurately report noncompliance.
16 -9 -14: PENALTIES
A. 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 therefore shall be punished as provided in
Section 1 -2 -1 of the 1971 Code of Ordinances. Each day such
violation shall continue shall be deemed a separate offense.
In addition to the penalties provided herein, the City may
recover reasonable damages by appropriate suit at law against
the person who is found to have violated this Chapter or the
orders, rules, and regulations issued hereunder. Such
damages shall include but not be limited to costs incurred by
the POTW for violation of its NPDES permit where such permit
violation is a direct result of the violation of this
Chapter.
B. Any person who knowingly makes any false state-
ments, representation or certification in any application,
record, report, plan or other document filed or required to
be maintained pursuant to this Chapter, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring
device or method required under this Chapter, shall, upon
conviction, be punished by a fine of not less than $100, or
by imprisonment for not more than ninety (90) days, or by
both.
16 -9 -15: SEVERABILITY
If any provision, paragraph, word, section or article of
this Chapter is invalidated by any court of competent juris-
diction, the remaining provisions, paragraphs, words, and
sections shall not be affected and shall continue in full
force and effect.]
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16 -9 -13: INDUSTRIAL USER PERMITS
A. PERMIT REQUIRED.
1. 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 City. Such industrial
users which discharge to City's system at the time of
adoption of the ordinance enacting this section shall
make application for an IUP within 90 days of the date
of adoption of said ordinance, and shall obtain the IUP
not later than 180 days after adoption of said
ordinance.
2. It shall be unlawful and a Class 1 Municipal
Offense for any industrial user who is required to
obtain an IUP to discharge to City's system unless the
industrial user holds a valid and unexpired IUP.
B. APPLICATION. Industrial Users shall submit the
application for an IUP on forms provided by the Department of
Utilities and containing the following information:
1. Name, address and location of facility to be
permitted;
2. Standard Industrial Classification (SIC) of
both the industry as a whole and any processes for which
Federal categorical standards have been promulgated;
3. A detailed identification of the user's
wastewater constituents and characteristics including
any pollutants in the discharge which are limited by any
Federal, state or local standards.
4. The time and duration of the discharge.
5. The daily maximum, daily average, and monthly
average wastewater flow rates including identification
of any daily, monthly and seasonal variations.
6. Description of all activities, facilities and
plant processes on the premises, including a list of all
raw materials and chemicals used at the facility.
7. Drawings of the site plan, floor plan,
mechanical and plumbing plans and detail drawings
showing all sewers, floor drains and appurtenances by
size, location and elevation.
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8. A statement indicating each product produced
pe, quantity, process and rate of production.
9. A description of the type and amounts of raw
materials processed.
10. A statement of the number and classification
of employees, hours of operation, and proposed or actual
hours of operation of the pretreatment system.
11. A statement as to whether additional operation
and maintenance or additional pretreatment is or may be
necessary for the user to meet all applicable Federal,
state and local standards. If additional pretreatment
or operation and maintenance will be required to meet
any standards, then the industrial user shall indicate
the shortest reasonable time schedule necessary to
accomplish installation or adoption of such additional
pretreatment or operation and maintenance.
12. Any other information which the Director of
the Department of Utilities may reasonably reauest.
Any portion of the application which the industrial user
considers to contain confidential proprietary information or
pertaining to any secret process or which is otherwise
confidential shall be clearly identified as such with a
request to the City that such information be exempt from
public disclosure except to the extent public disclosure is
necessary or adviseable in the operation of the City's
pretreatment program.
The application shall be signed by an authorized repre-
sentative of the industrial user who shall execute the
following certification:
" I,_ (name) , hereby certify under
penalty of law that this application with all attach-
ments was prepared under my direction and supervision
and that I have read and understand the contents thereof
and, to the best of my knowledge, information and
belief, the contents thereof are true, accurate and
complete. I understand that there are significant
penalties for submitting false information including the
possibility of fine and imprisonment for knowina
violations."
C. PERMIT CONTENTS. The Director of Utilities shall
review the application and may make such other investigation
as he deems appropriate. The Director of Utilities may
request additional information be submitted by the industrial
user. Upon completion of such review, the Director of
Utilities shall issue the IUP, which shall contain, but need
not be limited to, the following:
1. Limits on the average
discharge, time of discharge,
and /or maximum rate of
and /or requirements for
flow regulation and equalization.
2. Limits on the average and /or maximum concen-
tration, mass, or other measure of identified wastewater
constituents or properties.
3. Requirements for the installation of pretreat-
ment technology or construction of appropriate contain-
ment devices designed to reduce, eliminate, or prevent
the introduction of pollutants into the treatment works.
4. Development and implementation of spill con-
trol plans or other special conditions including addi-
tional management practices necessary to adequately pre-
vent accidental, unanticipated, or routine discharges.
5. The 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.
7. Specifications for monitoring programs which
may include sampling locations, frequency of sampling,
number, types, and standards for tests, and reporting
schedules.
8. Compliance schedules for pretreatment facili-
ties to be constructed or for operation and maintenance
modifications to be implemented.
9. Requirements for submission of technical
reports and discharge reports.
10. Requirements for maintaining and retaini
plant records relating to wastewater discharge as
specified by the Director and affording the Director,
or his representatives, access thereto.
11. Requirements for notification of any new
introduction of wastewater constituents or of any
substantial change in the volume or character of the
wastewater being introduced into the POTW.
12. Requirements for the notification of any
change in the manufacturing and /or pretreatment process
used by the permittee.
13. Requirements for notification of excessive,
accidental, or slug discharges.
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14. A statement of authorization for the City to
enter the facility to inspect and obtain samples.
15. Other conditions as deemed appropriate by the
Director to ensure compliance with this ordinance, and
State and Federal laws, rules, and regulations.
16. A statement that compliance with the permit
does not relieve the permittee of responsibility for
compliance with all applicable Federal pretreatment
standards, including those which become effective during
the term of the permit.
17. A statement of the duration or term of the
permit, which shall not exceed 5 years.
18. A statement of Citv's available enforcement
remedies.
D. PERMIT APPEALS.
1. Administrative Review. Anv industrial user or
other interested party aggrieved or adversely affected
by the issuance, denial or modification of a permit, or
by any one or more of the terms of any permit, may seek
review by filing a request for review of permit
decisions with the Director of the City's Bureau of
Public Works, and serving a copy thereof upon the
Director of Utilities, within 15 days of the date of the
issuance, denial or modification of the permit sought to
be reviewed. The request for review of permit decision
shall identify the party appealing, shall state the
decision or matter being appealed, shall contain a
detailed statement of the reasons why the permit
decision should be reversed or modified, and shall state
what relief, alternate term or decision the appealing
party seeks. Upon timely receipt of such request, the
Director of Public Works 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
proceeding. The Director of Public Works shall then
issue a final decision on the appeal.
2. Judicial Review. Judicial Review of anv final
decision of the Director of the Bureau of Public Works
may be taken pursuant to C.R.C.P. 106(a)(4). Review in
such case shall be limited to whether the final permit
decision was in excess of the City's jurisdiction or
authority. Review shall not be available to review any
matter within the discretion of the Director of Utili-
ties or of the Director of the Bureau of Public Works.
am
E. PERMIT MODIFICATIONS. Any permit may be modified
during its term for good cause. Modification may be request -
ed by the Industrial User or initiated by the City. Good
cause shall include, but is not limited to, the following:
1. To incorporate any new or revised Federal,
State, or local pretreatment standards or requirements.
2. Material or substantial alterations or
additions to the discharger's operation processes, or
discharge volume or character which were not considered
in drafting the effective permit.
3. A change in any condition in either the
industrial user or the City's system 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 collection and
treatment system, City personnel or the Arkansas River.
5. Violation of any term or conditions of the
permit.
6. Misrepresentation or failure to disclose full
all relevant facts in the permit application or in any
required reporting.
7. Revision of or a grant of variance from such
categorical standards pursuant to 40 CFR 403.13; or
8. To correct typographical or other errors in
the permit.
9. To reflect transfer of the facility ownership
and /or operation to a new owner /operator.
10. At the request of the Environmental Protection
Agency (EPA) to make changes deemed appropriate by EPA.
F. PERMIT SUSPENSION OR TERMINATION. IUPs may be
terminated or suspended by City for the following reasons:
1. Submission of false or misleading self -
monitoring reports.
2. Tampering with monitoring equipment.
3. Refusing to allow timely access to the
facility premises and records.
4. Failure to meet effluent limitations.
cm
5. Failure to pay fines.
6. Failure to pay sewer user charges provided for
by this Title.
7. Failure to meet permit compliance schedules.
Termination or suspension shall not be effective, except
in cases where necessary for immediate protection of public
health, safety or welfare or to avoid violation of City's
NPDES permit, until the industrial user shall have been
afforded notice of the grounds therefore and an opportunity
for hearing. Hearings shall be held before the Director of
Public Works as provided for permit decision appeals and his
decision shall be final subject only to judicial review
pursuant to C.R.C.P. 106(a)(4).
G. PERMIT RENEWAL.
Industrial Users shall apply for
permit renewal by submitting a complete permit application
not later than 90 days prior to the expiration of the user's
existing IUP.
H. ENFORCEMENT. In the event any industrial user
violates any provision of this Title, any term of an IUP, or
any Federal, State or local pretreatment standard or require-
ments, City may exercise any one or more of the following
remedies, which remedies are hereby expressly declared to be
cumulative, the exercise of any one or more not constituting
anv bar or limitation to the exercise of anv other:
1. Issuance of an administrative notice of
violation with or without an accompanying cease and
desist order.
to an
2. Initiation
y court of comp
of an action for injunctive relief
etent jurisdiction to co mpel compli-
ance with the terms o:
standard or requirement.
the
or an
retreatment
3. Imposition of civil penalties as provided in
Subsection E of Section 16 -9 -14 of this chapter.
4. Criminal prosecution for any violation of the
City Charter or ordinances which has been declared to be
unlawful or a municipal offense.
16 -9 -14: ADMINISTRATIVE AND CIVIL REMEDIES
A. HARMFUL DISCHARGE. The City may suspend the waste-
water treatment service when such suspension is necessary, in
the opinion of the Director, in order to stop an actual or
threatened discharge which presents or may present an
imminent or substantial endangerment to the public health,
safety, or welfare. Any person notified of a suspension of
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the wastewater treatment service shall immediately stop or
eliminate such discharge. In the event of a failure of the
User to comply voluntarily with the suspension order, the
City may take such steps as deemed necessary including
immediate severance of the sewer connection to prevent or
minimize endangerment to the public health, safety or
welfare. The City shall reinstate the wastewater treatment
service upon proof of the elimination of such discharge. A
detailed written statement submitted by the User describing
the causes of such discharge and the measures taken to
prevent any harmful discharges in the future, shall be
submitted to the City within 15 days of such discharge.
B. NOTIFICATION OF VIOLATION. Whenever the Director
finds that any User has violated any provision of this
chapter, or any prohibition or limitation of requirements
contained herein, the Director shall serve upon such User a
written notice stating the nature of the violation. At the
discretion of the Director, the notice may be accompanied
with a cease and desist order prohibiting further violations
and requiring corrective measures to be taken. Within 30
days of the date of the notice, or such greater or lesser
period as the Director may otherwise specify in the notice,
the User shall submit to the Director a plan for the
satisfactory correction thereof.
C. LEGAL ACTION. If any person discharges sewage,
industrial wastes or other wastes into the City's wastewater
collection and treatment system contrary to the provision of
this chapter, National or State Pretreatment Requirements, or
any order of the City, the City may commence an action for
appropriate relief including injunctive relief in any court
of competent jurisdiction. In addition to the remedies
provided in this chapter, the City may also recover
reasonable damages by suit at law against any person who is
found to have violated this chapter or the orders, rules, and
regulations issued hereunder. Such damages shall include but
not be limited to costs incurred by the POTW for violation of
its NPDES permit where such permit violation is a direct
result of the violation of this chapter.
D. PUBLIC NOTIFICATION. The City shall annually
publish, in a newspaper of wide distribution and general
circulation, printed and published daily in the City of
Pueblo, a list of the Users which were in significant
violation of any Pretreatment Standards at least once during
the 12 previous months. The notification shall also
summarize any enforcement actions taken against such Users
during the same 12 months. For the purposes of this
provision, a significant violation would be a violation which
remains uncorrected 45 days after notification of non-
compliance, or which is part of a pattern of non - compliance
over a twelve month period, or which involves a failure to
accurately report noncompliance.
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E. CIVIL PENALTIES. The Municipal Court is hereby
authorized to impose civil penalties of up to $25,000 for
each day of violation against any industrial user who
violates any provision of this Title or any term or require-
ment 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
6. Whether the violation was beyond the user's
control, occurred as a result of negligence or was
caused by willful conduct.
16 -9 -15: UNLAWFUL CONDUCT AND CRIMINAL PENALTIES
A. It shall be unlawful and a Class 1 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 therefore shall be punished as provided in Section
1 -2 -1 of the 1971 Code of Ordinances. Each day such
violation shall continue shall be deemed a separate offense.
B. Any person who knowingly makes any false state-
ments, representation or certification in any application,
record, report, plan or other document filed or required to
be maintained pursuant to this chapter, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring
device or method required under this chapter, shall, upon
conviction, be punished by a fine of not more than $300, or
by imprisonment for not more than ninety (90) days, or by
both such fine and imprisonment.
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SECTION 5.
Section 16 -9 -17 of Chapter 9 of Title XVI of the 1971 Code of
Ordinances of the City of Pueblo, as amended, is hereby amended to
read as follows:
16 -9 -17: CONFLICT; SEVERABILITY
A. All other ordinances and parts of other ordinances
inconsistent or conflicting with any part of this chapter are
hereby repealed to the extent of such inconsistencies or
conflict.
B. If any provision, paragraph, word, section or
article of this chapter is invalidated by any court of
competent jurisdiction, the remaining provisions, paragraphs,
words, and sections shall not be affected and shall continue
in full force and effect.
SECTION 6.
Paragraph 9 of Section 16 -9 -2 of Chapter 9 of Title XVI of
the 1971 Code of Ordinances of the City of Pueblo, as amended, is
hereby amended to read as follows:
16 -9 -2: DEFINITIONS
9. Director: Director of [Public Works]
Utilities of the City of Pueblo or his designee.
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This Ordinance shall become effective on February 14 , 1991.
ATTEST:
7
C ty Clerk
INTRODUCED: November 26 , 1994
By KENNETH HUNTER
Councilperson
APPROVED:
Pr dent of the City Council
TF 40.10 -13-