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HomeMy WebLinkAbout05683ORDINANCE NO. 5683 AN ORDINANCE AMENDING CHAPTERS 7 AND 9 OF TITLE XVI OF THE 1971 CODE OF ORDINANCES RELATING TO INDUSTRIAL PRETREATMENT AND PROVIDING DEFINITIONS AND REQUIREMENTS THEREFOR 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 -7 -14 of Chapter 7 of Title XVI of the 1971 Code of Ordinances of the City of Pueblo, as amended, is hereby amended to read as follows: 16 -7 -14: OTHER PROHIBITED DISCHARGES It shall be unlawful for any person, firm, partnerhip,or corporation to discharge any substance into the City's sewer system which causes: (a) Chemical reaction, either directly or indirectly, with the materials of construction to impair the strength or durability of sewer structures. (b) Mechanical action that will destroy or damage any part of the sewage system. (c) Restriction of the hydraulic capacity of any part of the sewage system. (d) Restriction of the normal inspection or maintenance of the sewer structures. (e) Unusual demands on the Wastewater Treatment Plant equipment or process. (f) Limitation of the effectiveness of the Wastewater Treatment process. (g) Wastes that contaminate the sewage sludge or create any hazard or have an adverse effect on the water receiving any discharge from the treatment works. (h) Concentrations of substances in excess of pretreatment limitations promulgated by the United States Environmental Protection Agency. Discharge of substances from all effluent sources into the City's sewer system shall conform to the provisions of 33 U.S.C., Section 1317 and regulations promulgated thereunder. In any case where the provisions set forth in said 33 U.S.C., Section 1317 or regulations promulgated thereunder are more stringent than the provision 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 SECTION 2 Paragraph 32 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 (32) 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 wastewater, or (c) is designated as such by the Director, using his best professional judgment, on the basis that the industrial user has a foreseeable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or (d) 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 SECTION 3 Section 16 -9 -2 of Chapter 9 of Title XVI of the 1971 Code of Ordinances as amended, is hereby amended by the addition of a new paragraph 33 thereof, to read as follows: 33. Significant Noncompliance (SNC): (a) Chronic violations of wastewater discharge limits defined here as those in which sixty -six percent or more of all the measurements taken during a six -month Period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant Parameter; -2- _(b)_ Technical Review Criteria (TRC) violations defined here as those in which thirty -three percent or more of all the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the daily maximum limit or the average limit 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 effluent limit (daily maximum or longer -term average) that the Control Authority 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); Sd1 Any discharge of a pollutant that has caused imminent endangerment to human health welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge; Set Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a Permit issued by the City of Pueblo or enforcement order for starting construction completing construction, or attaining final compliance (f)_ Failure to provide, within 30 days after the due date required reports such as baseline monitoring reports 90 -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 the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program. SECTION 4. Subsection C of Section 16 -9 -7 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 -7: REPORTING REQUIREMENTS C. PERIODIC COMPLIANCE REPORT Any Industrial User subject to a Pretreatment Standard, after the -3- compliance date of such Pretreatment Standard, or, in the case of a New Source, after commencement of the discharge into the POTW, or any significant noncategorical industrial user (unless otherwise sampled by POTW) shall submit a Periodic Compliance Report to the Control Authority during the months of June and December unless required more frequently in the Pretreatment Standard or by the Control Authority or the Approval Authority. This report shall include: 1. The nature and concentration of pollutants in the effluent which are limited by the Pretreatment Standards; and 2. A record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in paragraph A.2. of this section, except that, the Control Authority may require more detailed reporting of flows. At his discretion, the Control Authority may agree to alter the months for reporting but in no event shall reporting be less than once every six months. The Control Authority may also impose mass limitations on Industrial Users which are using dilution to meet applicable Pretreatment Standards, or in other cases where the imposition of mass limitations are appropriate. In such cases, the Periodic Compliance Report shall indicate the mass of pollutants regulated by the Pretreatment Standard in the effluent of the Industrial User. SECTION 5 Subsection D of Section 16 -9 -7 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 -7: REPORTING REQUIREMENTS D. SAMPLING AND ANALYSIS The reports required in this Section shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Control Authority, of pollutants contained therein which are limited by the applicable Pretreatment Standards. The frequency of monitoring shall be prescribed in the applicable Pretreatment Standard. All analysis shall be performed in accordance with procedures established by the Approval -4- Authority pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Approval Authority. Sampling shall be performed in accordance with techniques approved by the Control Authority. If the results of the compliance analysis indicate that a violation has occurred the industry or discharger must notify the City of Pueblo within 24 hours of becoming aware of the violation and repeat the sampling and pollutant analysis and submit in writing the results of this analysis within 30 days after becoming aware of the violation. SECTION 6. Subsection B of Section 16 -9 -14 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 -14: ADMINISTRATIVE AND CIVIL REMEDIES 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 or his designee, 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. SECTION 7 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 section 16 -9 -18, to read as follows: 16 -9 -18 SPILLS OR SLUG DISCHARGES The City may evaluate at least once every two years whether each Significant Industrial User needs a plan to control slug discharges For purposes of this subsection a slug discharge is any discharge which is non - routine or episodic in nature including but not limited to an -5- accidental spill or a non - customary batch discharge The records of such activities shall be available to the City upon request. If the City decides that a slug control plan is needed, the City may require the plan by permit or permit amendment. The plan shall be developed by the SIU and submitted to the City for approval and shall contain at a minimum, the following elements: (a) Description of discharge practices including non - routine batch discharges; _Lt1 Description of stored chemicals; LL Procedures for immediately notifying the City of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow -up written notification within five days S41 If necessary, procedures to prevent adverse impact from accidental spills including inspection and maintenance of storage areas, handling and transfer of materials loading and unloading operations control of plant site run -off, worker training building of containment structure or equipment measures for containing toxic organic pollutants (including solvents) and /or measures and equipment for emergency response SECTION 8 This Ordinance shall become effective 90 days after final passage and approval. M- INTRODUCED April 22 1991 KENNETH HUNTER Councilman ATTEST: CITY CLERK APPROVED: esident of the Co ncil 0M.