HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/01/2007 - FIRST READING OF ORDINANCE NO. 062, 2007, AMENDING ITEM NUMBER: 14
AGENDA ITEM SUMMARY DATE: May 1, 2007
FORT COLLINS CITY COUNCIL STAFF: 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
The proposed modifications pertain to 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.
• 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
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 authority to issue a permit prohibiting any discharge from a particular
industrial process will enable the City to verify and enforce zero-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 discharge permit application and
Section 26-309 Existing industrial discharge user discharge 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 and analysis
The required period of records retention has been changed from three to five years in order to be in
agreement with EPA biosolids records retention 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 does not increase requirements on dental offices but does clarify the
General Manager's authority to request records pertaining to existing requirements.
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.
• ` ATTACHMENT 1
City of Fort Collins
Code Changes with Deletions and Additions
ARTICLE IV. WASTEWATER±
DIVISION 1. GENERALLY
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 withou
eansideration of OVER A PERIOD 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 CFR § 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.
1
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 WASTESTEAM SO AS TO PREVENT
THE DISCHARGE OF SPECIFIED INDUSTRIAL WASTEWATER OR
POLLUTANTS TO THE POTW.
DIVISION 5. DISCHARGE PERMITS AND MONITORING REGULATIONS
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.
Sec. 26-308. Industrial discharge permit; application.
(a)AN ANY significant industrial users shall obtain an industrial discharge permit,for-
their-disehar-ge tow 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 RESONABLE 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,
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 WASTESTREAMS SO AS TO PREVENT THE DISCHARGE
OF SPECIFIED INDUSTRIAL WASTEWATER OR SPECIFIED POLLUTANTS
TO THE POTW.
2
Sec. 26-309. Existing industrial user discharge permit; application.
(a) An existing industrial user may also be required to apply for an industrial discharge
permit if it does not have one for its present use of the wastewater utility. An application
shall be submitted within forty-five (45) days of notification by the utility of the need to
do so or at the time of application for a building permit for expansion or remodeling of
the premises or at the time of a material and significant alteration in the quantity or
quality of the wastewater being discharged, or upon enactment of an applicable
categorical standard, whichever occurs first. A new owner of premises with an existing
connection to the wastewater utility desiring to introduce or continue an industrial
activity shall also be required to contact the utility and if required, apply for an industrial
discharge permit in accordance with this Section.
(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 REQUIREMENTS, a
proposed compliance schedule by which the user will provide such additional
pretreatment.
(6) Any such information deemed necessary by the General Manager to evaluate the
permit application.
3
Sec. 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 three (3) 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.
DIVISION 6. USE REGULATIONS
Sec. 26-343. Discharge limitations.
(e)Mercury from dental offices. L1 eeti a roll ,, 2005,ne 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 needed 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 manufac-
turer's specifications; and
c. Achieves a minimum mercury removal efficiency of ninety-five (95)percent.
4
(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 or shall be managed and disposed in accordance with
applicable federal, state and local hazardous waste laws and regulations OR
SHALL BE MANAGED AND DISPOSED IN ACCORDANCE WITH
APPLICABLE FEDERAL, STATE AND LOCAL HAZARDOUS WASTE
LAWS AND REGULATIONS.
(8)The following documentation shall be established and maintained for no less than
three 3) FIVE (5) 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.
(9) THE GENERAL MANAGER MAY REQUEST THAT ANY USER
OPERATING A DENTAL OFFICE PROVIDE SUCH INFORMATION
REGARDING INSTALLATION AND OPERATION OF EQUIPMENT, 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 SUBSECTION26-343(E), AND ANY SUCH USER
SHALL PROVIDE SAID REQUESTED INFORMATION IN ACCORDANCE
WITH THE TERMS OF THE GENERAL MANAGER'S REQUEST.
5
ATTACHMENT
Water Board Meeting Minutes
February 23,20D6
page 2
irrigation season,the City sets water rental rates and delivery charges for use of its raw water.
The Utilities uses these annual raw water rates and charges for the purpose of charging for
various uses of its raw water. These uses include rental to agricultural users,meeting certain raw
water delivery obligations and use by other City departments.
Consistent with the last few years,staff is again proposing two separate categories for raw water
rates and charges. The first category includes only those sources for which an active rental
market exists. The second category includes sources with a limited rental market or which are
used primarily to irrigate City facilities(parks,golf courses, etc.). The Board was provided with
tables showing actual and proposed figures for assessments,rental rates, and delivery charges for
the years 2003-2006.
Dennis shared that the early snow pack is encouraging and that the City will continue to monitor
its supply when making surplus raw water available for rental this year. The first priority will be
to insure that adequate supplies will be carried over into 2007,although current projections
indicate that the City will have ample surplus supplies available for rental this year.
Board member John Bartholow made a motion, seconded by Reagan Waskom to recommend to
City Council the staff's proposed raw water rental rates and delivery charges for the 2006 season.
The motion passed unanimously.
Q}nrnimagrAdmO ent Code C umm and Memiry Undate
Ron Russell,Acting Technical Services Supervisor provided an overview of the wastewater code
additions and modifications as follows:
1. Update grab sample definition -The definition will be revised to read: 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 over a period of time not to exceed fifteen(15)minutes.
2. Add definition of RV dump stations—RV wastewater shall mean domestic wastewater
from a boat or recreational vehicle such as a camper, motor home or trailer used for
traveling or recreational purposes. An addition to the septage waste definition will be
made to clarify that RV waste is not septage waste.
3. Authority to issue Zero Discharge permits- Zero process discharge permits will be
issued to industrial users who generate prohibited or high strength process wastewater,
but discharge none of the process wastewater to the sanitary sewer. This type permit will
enable the City to enforce and verify zero discharge conditions are in place at the
permitted industry.
4. Change records retention requirement from 3 to 5 years.
5. Addition of an option to manage waste amalgam as a hazardous waste.
Water Board Meeting Minutes
February 23,2006
Page 3
Board member Reagan Waskom made a motion seconded by Board member Eileen Dornfest to
approve the Code additions and modifications of the Wastewater Code with the added language
to empower the General Manager to(request documentation from dentists as needed. The
motion passed unanimously.
Stormwater Loan to Urban Renewal Authority
Chuck Seest,Finance Director presented the plan to approve a loan to the Urban Renewal
Authority(URA)in the amount of$150,000 from the stormwater fund. The loan would be used
for utility improvements provided by the Valley Steel project.
discussion about how the m would function, interest rates,pay back
After a lengthy drs gram
g�Y P
period and the impact on execution of the Stormwater Capitol Improvements Program,Board
member Doug Yadon made a motion, seconded by Johannes Gessler to endorse staff s
recommendation. The motion failed with 5 Yeas: 5 Nays.
Board member Gina Janett made a motion seconded by Board member Doug Yadon that they
write a memo summarizing the Water Board's issues and concerns to City Council. The motion
passed.
Intereovernmental Aereement with Fort Collins-Loveland Water District
Jim Hibbard, Water Engineering and Field Service Manager presented the history of the
intergovernmental agreement. In April 2001,the City and the Fort Collins-Loveland Water
District entered into an agreement which the City would sell treated water to the District for use
within city limits. The City and the District have recently received requests from property
owners and developers in the agreement area to extend the period for an additional five years.
Board member Paul Czarnecki made a motion, seconded by Board member Johannes Gessler to
support the extension of the time for the annexation of eligible subdivisions for an additional
five year period. The motion passed unanimously.
Election of Officers
Chairman Ted Borstad asked for nominations for Chairman. Board member Reagan Waskom
nominated Ted Borstad and Doug Yadon to continue as Chairman and Vice-Chairman. Board
member Johannes Gessler made a motion seconded by Board member Reagan Waskom to cease
nominations. The motion passed unanimously.
Committee Reports
Legislative, Finance and Liaison Issues
John Bartholow said they had met and discussed Senate Bill 37. He recommended they continue
to watch. It was also discussed that we continue to explore Northern Integrated Supply Project.
• • ATTACHMENT 3
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 8
r4S PRO 99918T"STREET-SUITE 300
DENVER,CO 80202-2466
Phone 800.227-8917
http:llwww.epa.gov/regionO8
March 6, 2007
Ron Russell
Pretreatment Coordinator
City of Fort Collins
3036 E. Drake Road
- Forte Collins, CO 80525
Re: Modification Approval
NPDES No: C00026425
Dear Mr. Russell:
The Environmental Protection Agency (EPA) public noticed your request for a
substantial modification of the City of Fort Collins pretreatment program on January 28,
2007, as required by 40 CFR Section 403.1 S. Our records indicate that no comments
were received and that the modifications, as public noticed, have remained unchanged.
Therefore, pursuant to 40 CFR Section 403.18(c), the modifications public noticed by
EPA are approved. The revised pretreatment program shall be an enforceable
condition of your NPDES permit as of the date of this approval letter (see 40 CFR
Section 122.63(g)).
If you have any questions, please do not hesitate to contact me at (303) 312-
6377.
Sincerely,
Curt A. McCormick
Pretreatment Coordinator
cc: Rick Koplitz, CDPHE
®Printed on Recycled
Paper
ORDINANCE NO . 0629 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 :
Section 1 . That Section 26-206 of the Code of the City of Fort Collins 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 withont
considerati 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, orprocess 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.
Section 2 . That Section 26-306 ofthe Code ofthe 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) *HAny significant industrial users shall obtain an industrial discharge permit
f6r their discharge to 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 its wastewater to the POTW without restriction, the
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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
requirements, a proposed compliance schedule by which the user will provide
such additional pretreatment.
-3 -
(6) Any such 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 :
Sec . 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
three (3 )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 . , 11No 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 of mercury 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,
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
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user shall provide said requested information in accordance with the terms
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 15th day of May, A.D. 2007 ,
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 15th day of May, A . D . 2007 .
Mayor
ATTEST :
City Clerk
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