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HomeMy WebLinkAbout06417ORDINANCE NO. 6417 AN ORDINANCE AMENDING CHAPTER 9 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO SEWER USE REGULATION, PROHIBITED WASTES AND INDUSTRIAL PRETREATMENT AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicates matter being deleted; underscoring indicates new matter being added.) Section 16 -9 -2 of Chapter 9 of Title XVI of the Pueblo Municipal Code, as amended, is hereby amended by amendment of paragraphs (2),(9),(11) (12), and (32) thereof and by addition of new paragraph (17.5) thereto, to read as follows: Sec. 16 -9 -2. Definitions. As used in this Chapter, the following words and terms shall have the meaning set forth below: (2) Approval authority means the [ Director of the Water Quality Control Division of the Colorado Department of Health and the] Regional Administrator of the U.S. Environmental Protection Agency (EPA). (9) Enforcement Authority means the control authority and /or [approval authority] Approval Authority as herein defined. (11) Indirect Discharge means the [discharge or] the introduction of [nondomestic] pollutants into the POTW from any non - domestic source regulated under Section 307(b), [or] (c), or d of the Act (33 U.S.C. 1317) [into the POTW]. (12) Industrial user means [any user who discharges greater than ten percent (10 %) of the design flow or design pollutant loading of the POTW, or any user who discharges more than twenty -five thousand (25,000) gallons per day (GPD) of process wastes and those discharges under twenty -five thousand (25,000) GPD that employ processes which generate any toxic pollutants or other substances suspected of having an adverse impact on the POTW as determined by the EPA or Director.] a source of Indirect Discharge. (17.5) Pass Through means a Discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, 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). (32) Significant industrial user means any [discharger] Industrial User which: (a) is subject to any Categorical Pretreatment Standard under 40 CFR 403.6 or 40 CFR Chapter I, subchapter N; (b) discharges an average of twenty -five thousand (25,000) gallons per day or more of process wastewater to the POTW excluding sanitary noncontact cooling and boiler blow -down wastewater[s]; (c) is designated as such by the Director, using his or her best professional judgment, on the basis that the industrial user has a [foreseeable] reasonable 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 percent (5 %) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant. SECTION 2. Section 16 -9 -3 of Chapter 9 of Title XVI of the Pueblo Municipal Code, as amended, is hereby amended, by amending paragraph (3) of Subsection (a) thereof to read as follows: Sec. 16 -9 -3. National Pretreatment Discharge Standards. (a) Prohibited Pretreatment Discharge Standards. 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 6.4, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and /or personnel of the POTW.] Acidity with a pH of less than 6.4 acidity or exceeding a maximum temporary variation of pH to not less than 5.0 or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and /or personnel of the POTW.. The duration of any temporary variation shall not exceed thirty (30) minutes in anv eiaht -hour work shift. At no time shall the DH be less than 5.0. fyx0rr•P1111" Section 16 -9 -7 of Chapter 9, of Title XVI of the Pueblo Municipal Code, as amended, is hereby amended by amending paragraph (a) thereof to read as follows: Sec. 16 -9 -7. Reporting requirements. (a) Initial Compliance Report. Within one hundred eighty (180) days after the promulgation of a National Categorical Pretreatment Standard, existing industrial users subject to such National Pretreatment Standards and currently discharging in or scheduled to discharge into a POTW will be required to submit to the control authority a report which contains the information listed in Subparagraphs (1) through (7) of this Subsection. At least 90 days prior to commencement of discharge, New sources and sources that become Industrial Users subsequent to the promulgation of an applicable categorical Standard, [New sources] shall be required to submit to the control authority a report which contains the information listed in Subparagraphs (1) through (5) of this Subsection. (1) The name and address of the industrial user; (2) The location of such industrial user; (3) The nature, average rate of production and standard industrial classification of the operations carried out by such industrial user; (4) The average and maximum flow of the discharge from such industrial user to the POTW in gallons per day, or where approved by the control authority due to cost or feasibility considerations, the average and maximum flow of the discharge as estimated by verifiable techniques; (5) The nature and concentration of pollutants in the discharge from each regulated process from such industrial user and identification of the applicable National Pretreatment Standards. The concentration shall be reported as a maximum or average level as provided for in the applicable National Pretreatment Standard. If an equivalent concentration limit has been calculated in accordance with Section 16 -9 -8 of this Chapter, this adjusted concentration limit shall also be submitted to the control authority for approval. SECTION 4_ 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 Pueblo Municipal Code, 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 5_ 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 22, 1999 BY: Robert Schilling Councilperson APPROVED: t1 y� e I - President of the Council ATTEST: ._._.� �.