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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. SP.rTTC)N 9- 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 -2- 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. -3- 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.] -4- 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. -5- 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. -7- 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 -10- 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. 11- 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. -12- 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. SFrTTnM 7- 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-