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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/05/2007 - SECOND READING OF ORDINANCE NO. 062, 2007, AMENDIN ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: June 5, 2007 FORT COLLINS CITY COUNCIL STAFF: Steve Comstock Ron Russell SUBJECT Second Reading of Ordinance No. 062,2007,Amending Chapter 26 Article IV of the City Code to Revise Wastewater Pretreatment Program Requirements. gt' eq RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance changes City Code provisions in order to provide specific City Code support for two programs currently in place, one new issue and some definition changes to align the Code with current EPA language. The regulating of mercury waste into the wastewater system, and the regulating of RV waste discharged into the wastewater system are programs that are currently in place. The proposed zero discharge changes are an outcome of the annual EPA Industrial Pretreatment Program audit during which the EPA recommended the use of zero discharge permits to monitor certain businesses and directed the City to update some definitions. Ordinance No.062,2007 was unanimously adopted on First Reading on May 1,2007 and postponed on Second Reading to June 5, 2007. It modifies the following wastewater industrial discharge provisions of the City Code: • Section 26-206 Definitions Grab Sample—As directed by the EPA,the definition will be updated to be consistent with the EPA definition. This modification will be more restrictive as a time limitation will be specified where one did not previously exist. Zero-Discharge - A definition of zero-discharge permit will be added to Code. RV Wastewater -A definition of RV wastewater will be added to Code. • Section 26-318 Sampling and analysis As recommended by the EPA, the required period of records retention for industrial pretreatment will be changed from three to five years. • Section 26-343 Discharge limitations Language will be added to provide the General Manager with authority to request records from dental practices and obsolete language concerning date of mercury program initiation will also be deleted. This modification does not increase requirements on dental offices but does clarify the General Manager's authority. This modification also provides a second June 5, 2007 -2- Item No. 20 disposal option for dentists that is not currently available. It allows amalgam waste to be disposed of at licenced hazardous waste facilities provided it has been labeled appropriately. Existing Code limits amalgam waste disposal to recycling facilities. • Sections 26-308 and 26-309 Code will be modified to state that,when applicable, a zero-discharge permit maybe issued as the result of an industrial discharge permit application. The City Code modification provides support for existing permit application requirements. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- May 1, 2007. ATTACHMENT 1 ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: May 1, 2007 FORT COLLINS j7rjLprFF: Steve Comstock Ron Russell SUBJECT First Reading of Ordinance No. 062, 2007, Amending Chapter 26 Article IV of the City Code to Revise Wastewater Pretreatment Program Requirements. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. At its February 23, 2006 meeting, the Water Board unanimously approved the modifications. EXECUTIVE SUMMARY i The proposed modifications pertain to the o1 owing wastewa er industrial discharge provisions of the City Code: • Section 26-206 Definitions Grab Sample—As directed by the EPA,the definition will be updated to be consistent with the EPA definition. This modification will be more restrictive as a time limitation will be specified where one did not previously exist. Zero-Discharge - A definition of zero-discharge permit will be added to Code. RV Wastewater- A definition of RV wastewater will be added to Code. • Section 26-318 Sampling and analysis As recommended by the EPA, the required period of records retention for industrial pretreatment will be changed from three to five years. • Section 26-343 Disch lilt 'ons Language will be adde to prove the n yiatofau�o rity to request records from dental practices an oic ag nee mcury program initiation will also be deleted. This modification does not increase requirements on dental offices but does clarify the General Manager's authority. • Sections 26-308 and 26-309 The Code will be modified to state that, when applicable, a zero-discharge permit may be issued as the result of an industrial discharge permit application. The modification does not increase or relax existing permit application requirements. May 1, 2007 -2- Item No. 14 The United States Environmental Protection Agency(EPA)has given approval for the modifications and completed a thirty day public notification process for them. BACKGROUND C") -P V 1111 -AL Section 26-206 Definitions: Grab Sample—As directed by the EPA, the definition has been updated to be consistent with the EPA definition. The EPA definition specifies a time limitation of fifteen (15) minutes or less for collection of a grab sample. This time limitation will be added in the proposed modification. The definition currently in City Code does not specify a time limitation. Language will also be added clarifying that a grab sample is an individual sample. This modification will be more restrictive as a time limitation will be specified where one did not previously exist. Zero-Discharge-A definition of zero-discharge permit has been added to Code and language added to the Pretreatment definition to include zero-discharge as a potential pretreatment or treatment requirement. The legal autho to qal&pi Y'ny discharge from a particular industrial process will enable e City discharge requirements when applicable. A zero-discharge permit would be appropriate in a situation where an industry elects to recycle process wastewater or has the wastewater taken offsite for treatment instead of discharging the wastewater to the sanitary sewer. In certain situations the City could find it necessary to require zero-discharge of a toxic process waste. This modification will provide a mechanism to regulate these types of industrial wastewater. It will provide a more direct means to address these types of wastewater but will not result in existing policy becoming more or less restrictive. RV Wastewater - The City was directed by EPA in December 2004 to regulate commercial RV wastewater dump sites. The City began issuing discharge permits to RV dump sites in 2005. Existing City Code does not provide a definition of RV wastewater. This modification will add a definition of RV wastewater. In order to avoid possible confusion,the septage waste definition will be modified to clarify that the City does not define RV wastewater to be septage waste. Section 26-308 Industrial dis argeoarge IaSection 26-309 Existing indu rial disa ischar permit application In order to provide legal authority for issuing zero-discharge permits,the Code will be modified to state that, when applicable, a zero-discharge permit may be issued as the result of an industrial discharge permit application submitted from either a new or existing industrial user. A permit application is required when a new industrial discharge permit is issued or when an existing permit is renewed. This modification adds language that includes zero-discharge permits with the May 1, 2007 -3- Item No. 14 existing requirements for discharge permit application. The modification does not increase or relax existing permit application requirements. Section 26-318 Sampling andCen!iw The required period of recordss be c gedyfrothree to five years in order to be in agreement with EPA biosolids records reten ion requirements. Section 26-343 Discharge limitations Modifications will be made to the code language regulating mercury discharge from dental offices. Obsolete language concerning date of program initiation has been deleted. Language will be added to allow disposal of dental amalgam waste as hazardous waste. Existing Code limits amalgam waste disposal to recycling of the waste. This modification relaxes requirements as it provides an additional means to dispose of waste amalgam. A modification will be added to provide the General Manager with authority to request records regarding installation and operation of equipment,or the purchase,use,storage,recycling or disposal of dental amalgam if the records are related to compliance enforcement of the dental mercury control program. This modification d(e�el nc e e n taI offices but does clarify the General Manager's authority t cords in t ing requirements. x ATTACHMENTS 1. City Code changes with deletions and additions. 2. Water Board minutes approving the City Code changes. 3. EPA approval letter for the City Code changes. ORDINANCE NO. 062 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 ARTICLE IV OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE WASTEWATER PRETREATMENT PROGRAM REQUIREMENTS WHEREAS, as part of its wastewater system, the City imposes certain industrial discharge and pretreatment requirements on those discharging to the City's system; and WHEREAS, City staff has identified certain aspects of those requirements that require modification in order to ensure effective administration of the pretreatment requirements consistent with the applicable regulations of the U.S. Environmental Protection Agency("EPA"); and WHEREAS, City staff presented proposed revisions to the Water Board on February 23, 2006, and the Water Board unanimously recommended approval of the revisions at that time; and WHEREAS, the proposed revisions were submitted to EPA for review, and were approved after a thirty-day public notification process. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section1. That Section 26-206 of the Code ofthe City of FortCollins is hereby amended as follows: Sec. 26-206. Definitions. The following words,terms and phrases,when used in this Article,shall have the meanings ascribed to them in this Section: Grab sample shall mean an individual sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and of time not to exceed fifteen (15) minutes. Pretreatment or treatment shall mean the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the wastewater utility which may be obtained by physical,chemical or biological processes,or process changes by other means except as prohibited by 40 C.F.R. § 403.6(d). Any restrictions or requirements that are imposed as part of a zero-discharge permit shall be deemed to constitute pretreatment or treatment. RV wastewater shall mean domestic wastewater from a boat or a recreational vehicle such as a camper, motor home or trailer used for traveling or recreational activities. Septage waste shall mean either liquid or solid material removed from a septic tank, cesspool, pit toilet,portable toilet,Type III marine sanitation device or similar treatment works that receives only domestic sewage, but shall not include RV wastewater that is pumped or drained directly from a boat or recreational vehicle into a properly permitted and operated RV dump station. Zero-discharge permit shall mean an industrial discharge permit issued to a significant industrial user that would have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement if said user were to discharge its wastewater to the POTW without restriction. A zero-discharge permit requires specified actions, configuration of processes, or other management or control of the industrial user's operations or wastestream so as to prevent the discharge of specified industrial wastewater or specified pollutants to the POTW. Section2. That Section 26-306 of the Code of the City of Fort Collins is hereby amended (by the addition of a comma) as follows: Sec. 26-306. Wastewater discharge permit required. It is unlawful for any person to discharge to the wastewater utility without first obtaining a sewer connection permit as provided in § 26-236 et seq., of this Article, and an industrial discharge permit if required by this Article. It is unlawful for any person to discharge septage waste to the wastewater utility without first obtaining a liquid waste hauler permit as provided in § 26-324 of this Article. Section 3. That Section 26-308(a) of the Code of the City of Fort Collins is hereby amended as follows: Sec. 26-308. Industrial discharge permit; application. (a) Any significant industrial user shall obtain an industrial discharge permit which may be a zero-discharge permit, if applicable, in order to receive wastewater service from the wastewater utility. To the extent that a significant industrial user would have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement if said user were to discharge -2- its wastewater to the POTW without restriction, the General Manager may issue a zero-discharge permit that requires specified actions, configuration of processes,or other management or control of the industrial user's operations or wastestream so as to prevent the discharge of specified industrial wastewater or specified pollutants to the POTW. Section 4. That Section 26-309(b) of the Code of the City of Fort Collins is hereby amended as follows: Sec. 26-309. Existing industrial user discharge permit; application. (b) When required to apply for an industrial discharge permit, an existing industrial user shall provide the following information in addition to that required in § 26-308. (1) Wastewater quality. The constituents and characteristics of its wastewater as identified and determined by a reliable analytical laboratory,including but not limited to those mentioned in §§ 26-336 through 26-338 of this Article. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(h) of the act and contained in 40 CFR, Part 136, as amended. (2) Flow measurements. Average daily and thirty-minute peak wastewater flow rates including daily, monthly and seasonal variations, if any. (3) Where known, the quantity and specific nature of any pollutants in the discharge which are limited by any pretreatment standards and a statement regarding whether or not the pretreatment standards or, if applicable, zero- discharge permit requirements, are being met on a consistent basis and if not, whether additional operation and maintenance and/or additional pretreatment or other process modification is required for the user to meet applicable pretreatment standards or zero-discharge permit requirements. (4) A written description and diagram of existing pretreatment equipment,if any, including but not limited to operational processes or controls, treatment processes, treatment tank dimensions and retention time, chemical supplies, operating personnel and certification, and a plumbing diagram of the treatment system. (5) If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards or applicable industrial discharge permit requirements, including but not limited to zero-discharge permit -3- requirements,a proposed compliance schedule by which the user will provide such additional pretreatment. (6) Any information deemed necessary by the General Manager to evaluate the permit application. Section 5. That Section 26-318(f) of the Code of the City of Fort Collins is hereby amended as follows: See. 26-318. Sampling and analysis. (f) Any industrial user subject to the industrial pretreatment reporting requirements established by this Article shall be required to retain, for a period of five (5) years, any records of the monitoring activities and results (whether or not such monitoring activities are required by this Section)and shall make such records available for inspection and copying by the General Manager. Said period of retention shall be extended to include the pendency of any litigation existing between the user and the utility or EPA or the Colorado Department of Public Health and Environment regarding the requirements of the industrial pretreatment program as they relate to the industrial user, or when requested by the General Manager. Section 6. That Section 26-343(e) of the Code of the City of Fort Collins is hereby amended as follows: Sec. 26-343. Discharge limitations. (e) Mercury from dental offices. 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: (7) All dental amalgam waste shall be transferred to an offsite recycling facility for recycling ofinercury or shall be managed and disposed in accordance with applicable federal, state and local hazardous waste laws and regulations. (9) The General Manager may request that any user operating a dental office provide such information regarding installation and operation of equipment, -4- or the purchase,use, storage, recycling or disposal of dental amalgam as the General Manager determines to be reasonably necessary to determine compliance with the requirements of this Subsection 26-343(e),and any such user shall provide said requested information in accordance with the terns of the General Manager's request. Introduced,considered favorably on first reading,and ordered published this 1 st day of May, A.D. 2007, and to be presented for final passage on the 5th day of June, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2007. Mayor ATTEST: City Clerk -5-