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ORDINANCE NO. 6179
AN ORDINANCE AMENDING CHAPTER 9 OF TITLE XVI OF
THE 1971 CODE OF ORDINANCES RELATING TO THE
PUEBLO PRETREATMENT PROGRAM AND PROHIBITED
WASTES AND PROVIDING PENALTIES FOR VIOLATION
THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter
being deleted; underscoring indicates new matter being added.)
SECTION 1
Section 16 -9 -2 of Chapter 9 of Title XVI of the 1971 Code of Ordinances, as amended, is
hereby amended by amendment of paragraphs 6, 7, 9, 10, 14, 18 and 25 thereof, and by the addition
of new paragraphs 21.5, and 21.7 thereto, to read as follows:
16 -9 -2: DEFINITIONS
As used in this chapter, the following words and terms shall have the meaning set
forth below:
6. Consistent POTW Removal or Pollutant Removal or Removal or Consistent
Removal 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 50 percent of the removals measured [by 12 or more
samples and] in accordance with 40 CFR 403.7[(c)] (b)(2)• as amended.
7. Control Authority The term "control authority" shall [refer to the "Approval
Authority," defined hereinabove; or the Director if the POTW has an approved Pretreatment
Program under the provision of 40 CFR 403.11.1 mean the City.
9. Director The Director of [Utilities] Wastewater of the City of Pueblo or his
designee.
[10. Enforcement Authority The regional Enforcement Division of the EPA or
the Director of the Water Quality Control Division of the Colorado Department of Health.]
10. Enforcement Authority: The Control Authority and /or Approval Authority
as herein defined.
[14. Interference The inhibition or disruption of the POTW's sewer system,
treatment process or operations which cause or significantly contribute to a violation of any
requirement of its NPDES Permit. The term includes any act which prevents or interferes
with the sewage sludge use or disposal by the POTW in accordance with published
regulations providing guidelines under Section 405 of the Act or any regulations developed
pursuant to the Solid Waste Disposal Act, (SWDA), Clean Air Act, the Toxic Substances
Control Act, or more stringent State regulations applicable to the method of treatment and
disposal or use employed by the POTW.]
14. Interference: A discharge which, alone or in conjunction with a discharge or
discharves 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 statuto!,�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 Conversation 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.
[18. New Source Any industrial source, the construction of which is commenced
after the publication of proposed regulations prescribing a section 307(c) (33 U.S.C. 1317)
Categorical Pretreatment Standard which will be applicable to such source, if such standard
is thereafter promulgated within 120 days of proposal in the Federal Register. Where the
standard is promulgated later than 120 days after proposal, a new source means any source,
the construction of which is commenced after the date of promulgation of the standard.]
18. New Source: 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:
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La) The building, structure, facility or installation is constructed at a site
at which no other source is located: or
() The building, structure, facility or installation totally replaces the
process or production equipment that causes the discharge of pollutants at an existing
source: or
Lc) The production or wastewater generating processes of the buildinV.
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 facilit 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
21.5 Pretreatment Standards: Any regulation containing pollutant discharge limits
promul_at� ed by the EPA in accordance with Section 307(1) and (c) of the Act, which applies
to Industrial Users. This term included prohibitive discharge limits established pursuant to
40 CFR Section 403.5.
21.7 Pretreatment Requirements: Any substantive or procedural requirement
related to Pretreatment, other than a National Pretreatment Standard, imposed on an
Industrial User.
25. Shall and Will [is] are mandatory[]_ May is permissive.
SECTION 2
Paragraphs 3 and 11, and the unnumbered text following paragraph 11, of Subsection A of
Section 16 -9 -3 of Chapter 9 of Title XVI of the 1971 Code of Ordinances, as amended, are hereby
amended to read as follows:
16 -9 -3: NATIONAL PRETREATMENT DISCHARGE STANDARDS
A. PROHIBITED PRETREATMENT DISCHARGE STANDARDS:
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No User of the City's POTW shall discharge any of the following substances into the
POTW:
3. Any wastewater having a daily average pH less than [5.0] 6_4, [unless the
POTW is specifically designed to accommodate such wastewater,] or wastewater having any
other corrosive property capable of causing damage or hazard to structures, equipment,
and/or personnel of the POTW.
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 limitations set forth
in Section 16- 9 -3(b), Categorical Pretreatment Discharge Standards. A toxic pollutant shall
include but shall not be limited to any pollutant identified pursuant to Section 307(a) of the
Act.
When the Director determines that a User is contributing to the POTW, any of the
above enumerated substances in such amounts as to Interfere with the operation of the
POTW, or is contributing a substance to the POTW which is not specifically mentioned in
this Chapter and such substance is presently interfering and is likely to interfere in the future
with the operation of the POTW or contribute to a violation of the POTW's NPDES Permit,
the Director shall:
[1.](a) Advise the User of the impact of the contribution on the POTW, and
[2.](b) Develop discharge limitations for such User to correct the inter-
ference with the POTW[.] : and
Uc) Undertake appropriate enforcement against such User.
SECTION 3
Section 16 -9 -4 of Chapter 9 of Title XVI of the 1971 Code of Ordinances, as amended, is
hereby amended to read as follows:
16 -9 -4: MODIFICATION OF NATIONAL CATEGORICAL PRETREATMENT
STANDARDS REMOVAL CREDITS AND FUNDAMENTALLY DIFFERENT
FACTORS
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A. [CONSISTENT] REMOVAL CREDITS
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 CFR 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] removal credit for that pollutant as established under
403.7 [(c)(2)] ft (percentage removal expressed as a [decimal] proportion, i.e.. a number
between 0 and 1 ).
Y = revised discharge limit for the specified pollutant (expressed in [milligrams per liter]
same units as x ).
2. A revised discharge limit resulting from Consistent Removal will only be
considered [when such revised limit does not cause the POTW to violate its NPDES Permit
or any sludge use or disposal criteria, guidelines, or regulations developed pursuant to the
Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act,
or more stringent State criteria applicable to the sludge management method being used] if
the conditions of 40 CFR, Section 403.7(3) are satisfied
3. If sufficient cause exists, the Approval Authority may revoke any removal
credits granted the POTW. If such removal credits are revoked, the City shall revoke any
credits granted Users and require such Users to comply with the appropriate Categorical
Pretreatment Standards.
B. FUNDAMENTALLY DIFFERENT FACTORS
1. Any Industrial User who believes that factors fundamentally different from
the factors considered by the EPA during development of a Categorical Pretreatment
Standard applicable to that User and that the existence of such factors justifies a different
discharge limit from that specified in the applicable Categorical Standard, may request from
the EPA a fundamentally different factors variance under 40 CFR, Section 403.13[(b)].
2. Requests for a variance and supporting evidence shall be submitted in writing
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to the E.P.A.. In order to be considered, requests for variances must be submitted [within 90
days after promulgation by the E.P.A. of the Categorical Pretreatment Standard] in
accordance with 40 CFR, Section 403.13
Written submissions for variance request shall include:
a. The name and address of the person making the request.
b. Identification of the interest of the requester which is affected by the
Categorical Pretreatment Standard for which the variance is requested.
C. Identification of the POTW currently receiving the waste from the
Industrial User for which alternative discharge limits are requested.
d. Identification of the Categorical Pretreatment Standards which are
applicable to the Industrial User.
e. A list of each pollutant or pollutant parameter for which an alternative
discharge limit is sought.
f. The alternative discharge limits proposed by the requester for each
pollutant or pollutant parameter identified in item "e ".
g. A description of the Industrial User's existing water pollution control
facilities.
h. A schematic flow representation of the Industrial User's water system
including water supply, process wastewater systems, and points of discharge.
i. A statement of facts clearly establishing why the variance request
should be approved, including detailed support data, documentation, evidence
necessary to fully evaluate the merits of the request e.g. technical and economic data
collected by the EPA and used in developing each pollutant discharge limit in the
Pretreatment Standard
4. Within 30 days following the date of receipt of notice of the EPA's decision
approving in part a variance request or denying such a request, the requester may submit a
petition to the EPA for a hearing or legal opinion to reconsider or contest the decision.
SECTION 4
Paragraph C of Section 16 -9 -6 of Chapter 9 of Title XVI of the 1971 Code of Ordinances,
S�
as amended, is hereby amended to read as follows:
16 -9 -6: COMPLIANCE SCHEDULE FOR CATEGORICAL PRETREATMENT
STANDARDS
C. Compliance with Categorical Pretreatment Standards for New Sources will be
required upon [promulgation] discharge from the New Source
SECTION 5
It shall be unlawful and a municipal offense for any person, firm, partnership, corporation
or limited liability company to violate, disobey, omit, neglect, refuse or fail to comply with or resist
the enforcement of any provision of this Ordinance. Any person found guilty of a violation of this
Ordinance shall be punished as provided in Section 1 -2 -1 of the 1971 Code of Ordinances, as
amended. In addition thereto, the City is authorized to enforce this Ordinance through the exercise
of any one or more of the remedies set forth in Sections 16 -9 -13 H. and 16 -9 -14 of the 1971 Code
of Ordinances, as amended, which remedies are hereby expressly declared to be cumulative, the
exercise of any one or more not constituting any bar or limitation to the exercise of any other.
SECTION 6
This Ordinance shall become effective thirty days after final passage and approval or upon
approval by the United States Environmental Protection Agency whichever occurs later.
INTRODUCED: February 10 , 1997
By Samuel Corsentino
Councilperson
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ATTEST:
City Cl
APPROVED:
President of A City ' ouncil
Im