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;
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_(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
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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
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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
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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.
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INTRODUCED April 22 1991
KENNETH HUNTER
Councilman
ATTEST:
CITY CLERK
APPROVED:
esident of the Co ncil
0M.