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HomeMy WebLinkAbout08035ORDINANCE NO. 8035 AN ORDINANCE AMENDING CHAPTERS 7, 9 AND 10 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO SEWER USE REGULATION AND PRETREATMENT PROGRAM REQUIREMENTS FOR INDUSTRIAL USERS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being omitted; underscoring indicates new matter being added) SECTION 1 Section 16 -9 -1 of Chapter 9 of Title XVI of the Pueblo Municipal Code, as amended, is amended by the addition of new subsection (4): Sec. 16 -9 -1. Purpose and policy. All Industrial Users are required to comply with all applicable Pretreatment Standards and Requirements CGCTIf1A1 9 Section 16 -9 -2 of Chapter 9 of Title XVI of the Pueblo Municipal Code, as amended, is amended by the addition of new subsections (2.5) and (10.5) thereof, and by amendment of subsection (24) and (34) thereof, 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: activities, proniDnions of practices, maintenance procedures, ana otner management practices to implement the prohibitions listed in 40 C.F.R. W3.5(a)(1) and (b). BMP's also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, me Standards. 1( 0.5) Grab sample means a single sample taken of a waste stream, water body or other liquid flow which is not proportioned on the basis of time, flow quantity or location. (24) Publicly owned treatment works (POTW) means a treatment work as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the City. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. (34) Significant noncompliance (SNC) means: a. [Chronic violations of wastewater discharge limits defined here as those in which sixty -six percent (66 %) 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; b. Technical review criteria (TRC) violations, defined here as those in which thirty -three percent (33 %) 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); d. 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; e. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a permit issued by the City or enforcement order for starting construction, completing construction, or attaining final compliance. f. Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety -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.] a. Chronic violations of wastewater Discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter during a 6 -month period 403.3(1); b. Technical Review Criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a 6 -month period equal or 403.3(0 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 Standard or Requirement as defined by 40 CFR 403.3(0 (daily maximum, long- term average, instantaneous limit, or narrative Standard) that the the health of POTW personnel or the general public); d. 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; e. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance; f. Failure to provide, within 45 days after the due date, compliance with compliance schedules; m g. Failure to accurately report noncompliance; h. include a determines will adversely affect the operation or implementation of the local Pretreatment program. SECTION 3 Section 16 -9 -3 of Chapter 9 of Title XVI of the Pueblo Municipal Code, as amended, is amended by the addition of new subsection (12) thereto to read as follows: Sec. 16 -9 -3. National Pretreatment Discharge Standards. (12) Any wastewater that will cause Interference or Pass through to the City of Pueblo POTW. SECTION 4 Section 16 -9 -12 of Chapter 9 of Title XVI of the Pueblo Municipal Code, as amended, is amended by the addition of new subsections (c) and (d) and by amendment of subsection (b) thereto to read as follows: Sec. 16 -9 -12. Monitoring and inspection. (b) The Director shall have the right to enter upon the premises of any industrial user [at all reasonable times] for the purposes of inspection, sampling, records examination, records copying or in the performance of any of the duties required to implement and enforce the provisions of this Chapter. (c) The Director may, in his discretion, require an industrial user sampling tecnmques, or time- proportionea composite sampling, or in appropriate circumstances, grab sampling or composited grab sampling. Composited grab sampling of multiple grab samples, if authorized by the 4U (:.I Fart lib ana appncaDie tF'A guidance ana compiy wnn the following: 11 for cyanide, total phenols and sulfides, the samples may be composited in the laboratory or in the field: 11 for volatile organics and oil and grease, the samples shall be composited in an approved laboratory; 11 for all other parameters, in such manner as authorized by standard methods and EPA's approved methodologies. J41 For sampling required in support of baseline monitoring and 90 -day compliance reports required by Section 16- 9 -7(a) and (b) of this Chapter, a minimum of four (4) grab samples shall be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for all facilities for which historic sampling data does not exist. For facilities for autnorize a lesser number or samDIes. FOr samDnna ana reports required by Section 16- 9 -7(c) and (d) of this Chapter, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with all applicable industrial user permit limits. SFrTinN .ri Section 16 -9 -18 of Chapter 9 of Title XVI of the Pueblo Municipal Code, as amended, is repealed in its entirety and re- enacted to read as follows: Sec. 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 Section, a slug discharge is any discharge which is nonroutine, or episodic in nature, including but not limited to an accidental spill or a noncustomary 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: (1) Description of discharge practices, including nonroutine batch discharges; (2) Description of stored chemicals; (3) 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 (5) days. (4) 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.] (1 Definitions. For purposes of this section, the term slug discharge means any discharge of a non - routine, episodic nature, including but not limited to an accidental spill or a non - customary batch discharge, which has a reasonable potential to cause interference or pass - through, or in any other way violate the POTW's regulations, local limits, or permit conditions. (b) Evaluations. The City will evaluate whether each SIU needs a plan or other action to control slug discharges. For industrial users identified as significant prior to November 14, 2005, this evaluation shall have been conducted at least once by October 14, 2006, except that if, for any reason, it was not so conducted, it shall be performed not later than ninety (90) days after the date of final passage of the ordinance adopting this section. For all other and additional industrial users, the evaluation shall be performed within one year of being designated an SIU. (c) Required Action. The results of such activities shall be available to the Approval Authority upon request. Significant Industrial Users are required to notify the City immediately of any changes at its facility affecting potential for a slug discharge. If the Director determines that a slug control plan is needed, the plan shall contain, at a minimum, the following elements: 11 Description of discharge practices, including non - routine batch discharges; (2) Description of stored chemicals; (3) Procedures for immediately notifying the City of slug discharges, including any discharge that would violate a prohibition under 40 C.F.R. W3.5(b) with procedures for follow -up written notification within five days; and (4) 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 structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. SECTION 6 Section 16 -7 -7 of Chapter 7 of Title XVI of the Pueblo Municipal Code, as amended, is amended by the addition of a new subsection (c) thereto to read as follows: Sec. 16 -7 -7. Sampling. (c) Samples collected to satisfy reporting requirements shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report and which is representative of conditions occurring during the reporting period. The Director shall require that the frequency of monitoring be sufficient to assess and assure compliance by the user with applicable industrial user permit requirements. SECTION 7 Section 16 -7 -13 of Chapter 9 of Title XVI of the Pueblo Municipal Code, as amended, is amended by the addition of new subsection (19) thereto to read as follows: Sec. 16 -7 -13. Prohibited waste. enfo s estapnsnea to im specific prohibitions and to protect the POTW against Pass Through and Interference. SECTION 8 Section 16 -10 -3 of Chapter 10 of Title XVI of the Pueblo Municipal Code, as amended, is amended in subsection (f) thereto to read as follows: Sec. 16 -10 -3. Operating requirements. (f) Prohibited Wastes. No hazardous waste, as the term is presently or hereafter defined by regulations promulgated by the Administrator of the Environmental Protection Agency and published as Part 260 of Title 40, C.F.R., shall be transported in vehicles used to transport septic wastes, nor shall any such hazardous wastes be discharged into sewer system or the designated access point of same. Wastewater from Commercial or Industrial sites is prohibited. SFrTinN Q It shall be unlawful and a municipal offense for any person, firm, partnership, corporation, limited liability company or other entity 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 Pueblo Municipal Code, 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 10 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. A77TSTDD SY: CITY CLERK INTRODUCED: June 22, 2009 BY: Larry Atenecio COUNCILPERSON APPR D' } �- PRESIDENTai City Council PASSED AND APPROVED: July 27, 2009 L) 4 Background Paper for Proposed ORDINANCE AGENDA ITEM # Q -1 DATE: June 22, 2009 DEPARTMENT: WASTEWATER Gene Michael TITLE AN ORDINANCE AMENDING CHAPTERS 7,9 AND 10 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO SEWER USE REGULATION AND PRETREATMENT PROGRAM REQUIREMENTS FOR INDUSTRIAL USERS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should the City Council approve an ordinance amending Chapters 7, 9 and 10 of Title XVI of the Pueblo Municipal Code relating to the City of Pueblo Pretreatment Program requirements for Industrial users and providing penalties for the violation thereof? Approval of Ordinance BACKGROUND The Environmental Protection Agency (E.P.A.) has made changes to Federal regulation (40 CFR § 433) that require the City to change its Ordinance to be in compliance with Federal Regulation. The changes in this ordinance add definitions, and add specifications for monitoring and inspection, for slug discharges, and for sampling, to conform to Federal requirements. The changes in this Ordinance will not change the way in which Pueblo's Industrial Pretreatment Program is administered. Specific changes include the following: 1. Allowing the use of Best Management Practices (BMP's) as local limits 2. Changing the definition of Significant Noncompliance (SNC) to be the same as in the federal regulation 3. Prohibiting the introduction of any substances in wastewater that will cause Interference or Pass Through at the Water Reclamation Facility. 4. Allowing the City to evaluate each significant industrial user for a slug discharge plan once instead of every 2 years. 5. Prohibiting septic haulers from pumping commercial or industrial wastes. Due to Federal requirements, the hearing for this ordinance is scheduled for July 27, 2009. FINANCIAL IMPACT None