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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/15/2004 - FIRST READING OF ORDINANCE NO. 094, 2004, AMENDINGAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 10 DATE: June 15, 2004 STAFF: Steve Comstock David Meyer SUBJECT First Reading of Ordinance No. 094, 2004, Amending Chapter 26 of the City Code Related to Wastewater Discharges of Mercury from Dental Offices. RECOMMENDATION Staff and the Water Board recommend adoption of the Ordinance on First Reading. FINANCIAL IMPACT Between 70 and 100 dental facilities will incur equipment and waste recycling costs between $300 and $2000 per year, plus an estimated 4 hours per year for program management and labor. City Utilities will not require additional resources for program implementation. EXECUTIVE SUMMARY This Ordinance establishes requirements for wastewater discharges from dental offices that place or remove dental amalgam containing mercury. The regulations are based on best management practices and include the following requirements: 1. Equip dental chairs with chair-side traps. 2. Equip vacuum pumps with traps or filters. 3. Minimize wastewater from cleaning amalgam contaminated traps and filters. 4. Use of a certified amalgam separator for the discharge of all amalgam contaminated wastewater. 5. Properly store amalgam wastes in appropriate containers. 6. Send all dental amalgam waste for offsite recycling of mercury. 7. Clean and maintain equipment. 8. Maintain records for City inspection. The new requirements would be effective July 1, 2005. Further the Ordinance establishes the definition for “best management practices” as “Procedural, operational, and/or equipment controls designed to prevent or reduce the introduction of June 15, 2004 -2- Item No. 10 pollutants into the sanitary sewer, or to remove pollutants from wastewater before discharge to the sanitary sewer.” The requirements are necessary to meet State Water Quality Standards for mercury. BACKGROUND Mercury is a pollutant that is regulated at very low concentrations. The State Water Quality Standard that applies to the Poudre River is 10 nanograms per liter (“10 ng/L” or the equivalent 10 parts per trillion). An analysis method for detecting mercury at such a low concentration has been available only since 1999. Since beginning low-level analyses of mercury in water reclamation facility effluent samples in August 2000 and based on those analyses staff is recommending that the City take additional steps to control the discharge of mercury into the City’s wastewater system. Prior to the availability of the low level analysis method, effluent analysis results were all below the detection limit of the less sensitive method. The Region VIII Environmental Protection Agency pretreatment program is currently developing a policy to require local water reclamation facilities to reduce the amount of mercury in the wastewater received by the facilities. Dental offices are the source of 35% to 45% of the mercury discharged to water reclamation facilities. Installation of amalgam separators in dental offices has been shown to reduce the total amount of mercury received by water reclamation facilities by as much as 44% to 77%. A best management practices approach to mercury control is being proposed to avoid the problems and expense of sampling and analysis. The impact of the best management practices to most dentists will be the installation and operation of an amalgam separator. The purchase or annual lease cost for an amalgam separator and annual waste recycling costs for a dental office would generally range from $600 to $2000. Although circumstances in some offices may lead some dentists to install the more expensive equipment, lower priced models with the required ISO certification have been shown to be as effective as more expensive models. A model with a total annual cost of approximately $300 is expected to be available later this year. Between 80 and 120 dentists in 70 to 100 facilities are expected to be impacted by the mercury control program. The Utilities have informed area dentists of the proposed changes. Letters providing background information and an invitation to attend a meeting to discuss plans for a mercury control program were sent to 130 dentists. Eight dentists attended the meeting held on the evening of April 14. The Water Board discussed this issue at its January 22, February 26 and April 22, 2004 meetings. The Board voted unanimously to support a mercury control program including the use of amalgam separators on February 26. Copies of the minutes are attached. ORDINANCE NO. 094, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS RELATED TO WASTEWATER DISCHARGES OF MERCURY FROM DENTAL OFFICES WHEREAS, Section 26-343 of the City Code provides for limitations on the discharge of certain pollutants into the City’s wastewater system; and WHEREAS, recent advances in the technical ability to analyze for low concentrations of mercury in water have resulted in increased interest and concern regarding mercury levels in effluent from water reclamation facilities; and WHEREAS, it is anticipated that future changes by the United States Environmental Protection Agency will require additional action by local water reclamation facilities to reduce the amount of mercury in wastewater received by those facilities; and WHEREAS, dental offices have been shown to comprise the source of 35% to 45% of the mercury discharged to water reclamation facilities; and WHEREAS, the installation of relatively simple equipment and compliance with certain management practices has been shown to reduce the total amount of mercury received by wastewater reclamation facilities by as much as 44% to 77%; and WHEREAS, in order to reduce the levels of mercury received by the City’s water reclamation facility, the City Council has determined that it is in the best interests of the City to establish certain discharge limitations in the form of best management practice requirements for dental offices. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-206 of the Code of the City of Fort Collins is hereby amended to modify the definition of “Pretreatment requirement” as follows: Pretreatment requirement shall mean any substantive or procedural requirement related to pretreatment other than a national categorical pretreatment standard imposed on an industrial user. “Pretreatment requirement” shall include best management practices consisting of procedural, operational and/or equipment controls designed to prevent or reduce the introduction of pollutants into the sanitary sewer, or to remove pollutants from wastewater before discharge to the sanitary sewer. Section 2. That Section 26-343 of the Code of the City of Fort Collins is hereby amended to add a new subsection (e) to read as follows: Sec. 26-343. Discharge limitations. . . . (e) Mercury from dental offices. Effective July 1, 2005, no dental office shall discharge wastewater generated from the placement or removal of dental amalgam containing mercury unless said dental office has installed the equipment described in, and conducts its operations in accordance with, the following best management practices: (1) All dental chairs shall be equipped with chair-side traps. Said chair-side traps shall be cleaned and maintained as need to assure their continued effective operation. (2) All vacuum pumps shall be equipped with traps or filters. Said traps or filters shall be cleaned and maintained in the manner specified or recommended by the manufacturer of the same. (3) Cleaning of amalgam contaminated traps, filters and other equipment shall be conducted in a manner reasonably expected to minimize the discharge of wastewater. (4) All wastewater generated from the placement or removal of dental amalgam or the cleaning of amalgam traps or filters shall be discharged through an amalgam separator that: a. has been ISO 11143 certified; b. has been installed, and is operated and maintained according to the manufacturer’s specifications; and c. achieves a minimum mercury removal efficiency of ninety-five (95) percent. (5) Cleaners that contain chlorine bleach, other oxidizing compounds, or corrosive compounds that mobilize mercury shall not be used in any waste lines or drains connected to the amalgam separator. (6) All dental amalgam wastes shall be stored in structurally sound, tightly closed and appropriately labeled containers. (7) All dental amalgam waste shall be transferred to an offsite recycling facility for recycling of mercury. (8) The following documentation shall be established and maintained for no less than three (3) years in a location and manner so as to permit review by the city upon request: a. The manufacturer and model of any amalgam separator in use; b. The date of installation of any amalgam separator in use; c. The name and address of the facility to which any waste amalgam is shipped; d. The date and amount of any waste amalgam shipped; and e. Documentation of any maintenance performed on any amalgam separator. Section 3. This Ordinance shall take effect upon the approval of the foregoing modifications to the City’s wastewater pretreatment program by the United States Environmental Protection Agency. Introduced and considered favorably on first reading and ordered published this 15th day of June, A.D. 2004, and to be presented for final passage on the 6th day of July, A.D. 2004. ____________________________________ Mayor ATTEST: ________________________________ City Clerk Passed and adopted on final reading this 6th day of July, A.D. 2004. ____________________________________ Mayor ATTEST: _________________________________ City Clerk Fort Collins Utilities Water Board Minutes - Excerpt Thursday, January 22, 2004 Mercury Control Program Discussion – Dave Meyer David Meyer, Technical Services Supervisor, stated that there are two main issues related to wastewater and mercury in Fort Collins; the first is the very low State Water Quality Standard that applies to the Poudre River where we discharge. That standard is 10 ng/L (nanograms per liter or parts per trillion, ppt). Since the City started using low level analyses of mercury in August 2000, about 18% of the effluent samples tested have exceeded the water quality standard. Prior to using that method, effluent analysis results were below the detection limit. The other issue is related to the maximum allowable head works loading (MAHL) that is calculated as part of the pretreatment program’s local limit evaluation. This is the maximum allowable pollutant that can enter the treatment system while still meeting all applicable standards. If this limit is exceeded at any time the EPA requires notification in the annual report and must contain an explanation and plans for an investigation and/or control program. So far, this limit has been exceeded three times, of which the last was calculated to be 26% over the maximum limit. Dave illustrated some graphs which depicted the mercury concentrations in influent and effluent flows of both wastewater treatment plants. The Board discussed the discrepancies and possible causes of the fluctuations in the data. They asked where the mercury is coming from. Dave replied that the majority of the mercury point source is coming from dental offices resulting from the removal of amalgam fillings, but there are also minute amounts of mercury in many toiletries that add up to a significant concentration in the daily domestic wastewater. He added that other cities have seen a decrease in mercury levels after implementing an amalgam separator program. Board member Bill Fischer requested that Board member Rami Naddy meet with the Engineering Committee and study the issue and make a recommendation to the Board at next month’s meeting. Rami agreed. Fort Collins Utilities Water Board Minutes - Excerpt Thursday, February 26, 2004 Engineering Committee – Amalgam Separators Board member Rami Naddy stated that the committee had met with David Meyer, Technical Services Supervisor, and reviewed some of the information regarding reducing mercury discharges with amalgam separators. Dave stated that there are two other programs that have been successful in reducing mercury; one in Toronto, where the mercury being discharged into the treatment plants was lowered from 74% to 45% after amalgam separators were installed in dental offices. The other was in Minnesota which involved two wastewater treatment plants. When amalgam separators were installed in all six dental offices discharging to one plant, the mercury dropped 44% and at the other plant it dropped 29% when seven out of eight dental clinics were equipped with amalgam separators. Rami stated that the Engineering Committee feels the City of Fort Collins should be proactive in solving some of these problems. Studies have shown that installing amalgam separators at point source discharges would be a positive step in reducing the overall mercury concentrations. Board member Tom Brown asked what is the cost of an amalgam separator. Dave Meyer stated it costs between $600 to $1200 per year to purchase or lease and to pay for the mercury recycling. Board member Gina Janett asked what was the enforcement mechanism. Dave replied that the City is already inspecting dental offices every year to control silver discharges and that mercury could easily be included. Board member Rami Naddy made a motion, seconded by Board member Regan Waskom to support staff’s recommendation to require amalgam separators in local dental offices and enforce it through the existing program for silver for any dental office working with amalgam removal or replacement. The motion passed unanimously. Fort Collins Utilities Water Board Minutes – Excerpt Thursday, April 22, 2004 Mercury Control Update – Dave Meyer Dave Meyer, Technical Services Supervisor, stated he had invited 130 dentists to talk about amalgam separators to limit mercury disposal into the wastewater treatment system. The session was attended by approximately eight dentists in the area who voiced their concerns about the many other sources of mercury disposal other than dental offices. The meeting ended with a general understanding that the meeting was related to point sources of discharges of mercury into the wastewater treatment system and that other means of mercury waste disposal were beyond the scope of this program. Board member Gina Janett asked if they would be reviewing the ordinance before it goes to Council. Chairman Sanders responded that a Board’s recommendation had been that staff go forward for Council approval.