HomeMy WebLinkAbout042 - 04/16/1985 - AMENDING CITY CODE RELATING TO WASTEWATER PRETREATMENT PROGRAM ORDINANCE NO. 42 , 1985
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 112 OF THE CODE OF THE
CITY OF FORT COLLINS
WHEREAS, the United States Environmental Protection Agency has con-
ducted an examination of the City ' s wastewater pretreatment program;
and
WHEREAS, as a result of said examination, certain recommendations
have been made to the City with respect to revisions to Chapter 112 of the
Code of the City of Fort Collins in order to better enable the City to
operate and enforce its pretreatment program; and
WHEREAS , the Council of the City of Fort Collins is desirous of
enhancing the City 's wastewater pretreatment program; and
WHEREAS, the Council has further determined that, in pursuance there-
of, it is in the best interest of the citizens of Fort Collins that certain
amendments as hereinafter provided be made to Chapter 112 of the Code of
the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 112 of the Code of the City of Fort Collins be amended
as follows:
Section 1. That Section 112-68 (K) (1) be amended to provide as
follows:
K. Special Agreements and Contracts
1. No statement contained in this section shall be construed
as prohibiting special written agreements between the POTW and
any other person allowing industrial waste of unusual strength or
character to be admitted to the POTW from any part or parts of
such POTW, or person or persons living outside the boundaries of
the POTW, upon such terms and conditions and for such periods of
time as may be deemed reasonable ; provided, however, that such
agreements shall not be construed to waive any applicable pre-
treatment standards.
Section 2. That Section 112-75 (A) be amended by the addition of a
new paragraph four (4) to provide as follows:
4. Pretreatment
Users shall provide necessary wastewater treatment as re-
quired to comply with this Ordinance and shall achieve compliance
with all Federal Categorical Pretreatment Standards within the
time limitations as specified by the Federal Pretreatment Regula-
tions . Any facilities required to pretreat wastewater to a level
acceptable to the City shall be provided, operated, and main-
tained at the User 's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be sub-
mitted to the City for review, and shall be acceptable to the
City before construction of the facility. The review of such
plans and operating procedures will in no way relieve the user
from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the City under the provisions
of this Ordinance. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and be
acceptable to the City prior to the user's initiation of the
changes.
Section 3. That Section 112-75 (C) be amended by the addition of a
new paragraph six (6) to provide as follows:
6. Reporting Requirements for Permittee
(a) Compliance Data Report
Within 90 days following the date for final compliance
with applicable Pretreatment Standards or, in the case of a New
Source, following commencement of the introduction of wastewater
into the POTW, any User subject to Pretreatment Standards and
Requirements shall submit to the Director a report indicating the
nature and concentration of all pollutants in the discharge from
the regulated process which are limited by Pretreatment Standards
and Requirements and the average and maximum daily flow for these
process units in the User facility which are limited by such
Pretreatment Standards or Requirements. The report shall state
whether the applicable Pretreatment Standards or Requirements are
being met on a consistent basis and, if not, what additional 0&M
and/or pretreatment is necessary to bring the User into compli-
ance with the applicable Pretreatment Standards or Requirements.
This statement shall be signed by an authorized representative
of the Industrial User, and certified to by a qualified profes-
sional .
(b) Periodic Compliance Reports
(1) Any User subject to a Pretreatment Standard, after the
compliance date of such Pretreatment Standard, or, in the case of
a New Source, after commencement of the discharge into the POTW,
shall submit to the Director during the months of June and
December, unless required more frequently in the Pretreatment
Standard or by the Director, a report indicating the nature and
concentration, of pollutants in the effluent which are limited
by such Pretreatment Standards . In addition, this report shall
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include a record of all daily flows which during the reporting
period exceeded the average daily flow reported in paragraph
(c) (6) (a) of this section. At the discretion of the Director and
in consideration of such factors as local high or low flow rates,
holidays, budget cycles, etc. , the Director may agree to alter
the months during which the above reports are to be submitted.
(2) The Director may impose mass limitations on Users which are
using dilution to meet applicable Pretreatment Standards or
Requirements, or in other cases where the imposition of mass
limitations are appropriate. In such cases, the report required
by subparagraph (1) of this paragraph shall indicate the mass of
pollutants regulated by Pretreatment Standards in the effluent
of the User. These reports shall contain the results of sampling
and analysis of the discharge, including the flow and the nature
and concentration, or production and mass where requested by the
Director, of pollutants contained therein which are limited by
the applicable Pretreatment Standards. The frequency of monitor-
ing shall be prescribed in the applicable Pretreatment Standard.
All analysis shall be performed in accordance with procedures
established by the Administrator pursuant to section 304 (g) of
the Act and contained in 40 CFR, Part 136 and amendments thereto
or with any other test procedures approved by the Administrator.
Sampling shall be performed in accordance with the techniques
approved by the Administrator.
Section 4. That Section 112-75 (E) (1) be amended to provide as
follows:
E. Inspection
1 . The Director or his representatives may inspect the
equipment and facilities of any user at any reasonable time to
ascertain compliance with applicable ordinances , rules and
regulations. Persons or occupants of premises where wastewater
is created or discharged shall allow the Director of his repre-
sentatives ready access to the premises for the purpose of
inspection, sampling and records examination. The POTW shall
have the right to set up on the user' s property such devices as
are necessary to conduct sampling , inspection , compliance
monitoring and/or metering operations . Where a user has security
measures in force which would require proper identification and
clearance before entry into their premises, the user shall make
necessary arrangements with their security guards so that upon
presentation of suitable identification, personnel from the POTW
will be permitted to enter without delay for the purposes of
performing their specific responsiblities.
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Section 5 . That Section 112-75 ( H) (1) be amended to provide as
follows:
H. Miscellaneous Provisions
1 . Information and data on an industrial user obtained from
reports, questionnaires , permit application, permits and monitor-
ing programs and from inspections shall be available to the
public or other governmental agency without restriction unless
the user specifically requests and is able to demonstrate to the
satisfaction of the Director that the release of such information
would divulge information, processes or methods of production
entitled to protection as trade secrets of such user. When
requested by such user furnishing a report, the portions shall
not be made available for inspection by the public but shall be
made available upon written request to governmental agencies for
uses related hereto, the NPDES Permit, and/or the pretreatment
requirements; provided, however, that such portions of a report
shall be available for use by the State or any state agency in
judicial review or enforcement proceedings involving the user
furnishing the report. Wastewater constituents and character-
istics will not be recognized as confidential information .
Information accepted by the City as confidential , shall not be
transmitted to any governmental agency by the City until and
unless a 10-day written notification is given to the user by
certified mail or personal service.
Introduced, considered favorably on first reading, and ordered pub-
lished this 2nd day of April , A.D. 1985 , and to be presented for final
passage on the 16th day of April A.D. 1985.
Ma,yor
ATTEST:
1�_"
City Clerk
Passed and adopted on final reading this 16th day of April ,
A.D. 1985.
M%Y'a
ATTEST:
0 Ci tty Cle o
rk
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