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