HomeMy WebLinkAbout020 - 07/20/2010 - AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO INDUSTRIAL PRETREATMENT LOCAL LIMITS AND REQUIREMEN ORDINANCE NO. 020, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY
OF FORT COLLINS RELATING TO INDUSTRIAL PRETREATMENT
LOCAL LIMITS AND REQUIREMENTS
WHEREAS, the City is required by the U.S. Environmental Protection Agency to develop
and periodically adjust local limits and other requirements to control the discharge ofpollutants from
industrial and commercial dischargers of wastewater; and
WHEREAS, the City Council's last adjustment to the limits and requirements was done in
2001; and
WHEREAS,in 2009,the Environmental Protection Agency completed a review ofthe City's
Industrial Pretreatment Program, including the legal authorities in place for the Program, and as a
result of that review has directed that the City modify and update those legal authorities; and
WHEREAS, in response to the direction received from the Environmental Protection
Agency, the City has evaluated and developed new local limits and proposed updated City Code
provisions to address identified concerns; and
WHEREAS, the proposed new limits and provisions will update, clarify and improve the
enforceability of the City's Industrial Pretreatment Program, and will enable improved control of
discharges to the City's wastewater system.
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 read as follows:
See. 26-206. Defmitions.
Approval authority shall mean the Environmental Protection Agency or, upon
delegation of authority under the act to the State of Colorado, if any, shall mean the
Colorado Department of Public Health and Environment.
Authorized representative of the industrial user shall mean the following:
(1) If the industrial user is a corporation:
(a) The president, secretary, treasurer, or a vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for
the corporation; or
(b) The manager of one (1) or more manufacturing, production, or
operating facilities, provided the manager is authorized to make
management decisions that govern the operation of the regulated .
facility including having the explicit or implicit duty ofmaking major
capital investment recommendations, and initiate and direct other
comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations;can ensure that
the necessary systems are established or actions taken to gather
complete and accurate information for individual wastewater
discharge permit or general permit requirements;and where authority
to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
(2) If the industrial user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
(3) If the industrial user is a federal, state or local government facility: a
director or highest official appointed or designated to oversee the operation
and performance of the activities of the government facility, or his or her
designee.
(4) The individuals described in(1) through (3), above, may designate a duly
authorized representative if the authorization is in writing, specifies the
individual or position responsible for the overall operation of the facility
from which the discharge originates or having overall responsibility for
environmental matters for the industrial user,and the written authorization
is submitted to the City.
Best management practices (BMPs) shall mean schedules of activities,
prohibitions of practices, maintenance procedures, and other management practices
to implement the prohibitions listed in 40 CFR 403.5(a)(1) and(b) and § 26-332 of
this Article. BMPs include treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or
drainage from raw materials storage. BMPs shall constitute pretreatment standards
when required or allowed as alternative means of complying with, or in place of
certain numeric pretreatment standards and effluent limits.
Biochemical oxygen demand(BOD) shall mean the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory procedure
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in five (5) days at twenty (20) degrees centigrade, usually expressed as a
concentration, such as in milligrams per liter.
Bypass shall mean the intentional diversion of wastestreams from any portion of
an industrial user's treatment facility.
Categorical industrial user shall mean an industrial user subject to a categorical
standard or,categorical pretreatment standard.
Categorical standard or national categorical pretreatment standard shall mean
any regulation containing pollutant discharge limits promulgated by the
Environmental Protection Agency in accordance with Sections 307(b)and(c)of the
act that apply to a specific category of industrial user and that appear in 40 C.F.R.
Chapter I, Subchapter N, Parts 405-471.
Chemical oxygen demand(COD)shall mean the measure of the oxygen required
to oxidize all compounds, both organic and inorganic, in water expressed as a
concentration, such as in milligrams per liter.
Commencement of construction of a new source shall mean if the owner or
operator has:
(1) begun, or caused to begin, as part of an onsite construction project either
(a) any placement,assembly,or installation of facilities or equipment;or
(b) significant site preparation work including clearing, excavation or
removal of existing buildings, structures or facilities which is
necessary for the placement, assembly, or installation of new source
facilities or equipment; or
(2) entered into a binding contractual obligation for the purchase of facilities
or equipment that is intended to be used in its operation within a reasonable
time. An option to purchase or contract that can be terminated or modified
without substantial loss, or a contract for feasibility, engineering, and
design studies does not constitute a contractual obligation under this
definition.
Control authority shall mean the City of Fort Collins.
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Daily maximum shall mean the arithmetic average of all effluent samples for a
pollutant collected during a calendar day.
Daily maximum limit shall mean the maximum allowable discharge limit of a
pollutant during a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the course of the day.
Where daily maximum limits are expressed in terms of concentration, the daily
discharge is the arithmetic average measurement of the pollutant concentration
derived from all measurements taken that day.
Environmental Protection Agency (EPA) shall mean the United States
Environmental Protection Agency or, where appropriate the regional water
management division director, the regional administrator, or other duly authorized
official of said agency.
Existing source shall mean any source of discharge that is not a new source.
Grab sample shall mean an individual sample that is taken from a waste stream
without regard to the flow in the waste stream and over a period of time not to exceed
fifteen (15)minutes.
Indirect discharge shall mean the introduction of pollutants into the POTW from
any non-domestic source. ^
Industrial user shall mean any user that is a source of an indirect discharge.
Industrial wastes or wastewater shall mean the liquid and water-carried wastes
from industrial processes or discharged from industrial plants, including but not
limited to wastewater from pretreatment facilities and polluted cooling water, as
distinct from normal domestic strength wastewater .
Industrial shall mean of or pertaining to industry, manufacturing, commerce,
trade or business as distinguished from domestic or residential.
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Instantaneous limit shall mean the maximum concentration of a pollutant allowed
to be discharged at any time, determined from the analysis of any discrete or
composited sample collected,independent of the industrial flow rate and duration of
the sampling event. An instantaneous limit may be imposed upon a discharge in
addition to a daily maximum limit.
Interference(interfere)shall mean mean a discharge that,alone or in conjunction
with a discharge or discharges from other sources,inhibits or disrupts the POTW,its
treatment processes or operations or its sludge processes, use or disposal; and
therefore, is a cause of a violation of the discharge limits or permit requirements
applicable to the POTW or prevents use or disposal of sewage sludge in compliance
with any applicable statutory or regulatory provisions.
Local limit shall mean a specific discharge limit developed and enforced by the
City upon industrial or commercial facilities to implement the general and specific
discharge prohibitions listed in 40 C.F.R. Sections 403.5(a)(1) and (b).
Medical waste shall mean isolation wastes, infectious agents, human blood and
blood products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
Monthly average shall mean the sum of all daily discharges measured during a
calendar month divided by the number of daily discharges measured during that
month.
Monthly average limit shall mean the highest allowable average of daily
discharges over a calendar month, calculated as the sum of all daily discharges
measured during a calendar month divided by the number of daily discharges
measured during that month.
New source shall mean anybuilding,structure,facility or installation from which
there is or may be a discharge of pollutants, the construction of which was
commenced after the publication of proposed pretreatment standards under Section
307(c)of the act that will be applicable to such source if such standards are thereafter
promulgated in accordance.with that Section, provided that:
(1) the building, structure, facility, or installation is constructed at a site at
which no other source is located; or
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(2) the building, structure, facility, or installation totally replaces the process
or production equipment that causes the discharge of pollutants at an
Existing Source; or
(3) the production or wastewater generating process of the building, structure,
facility, or installation are substantially independent of an existing source
at the same site. In determining such substantial independence,factors such
as the extent to which the new facility is integrated with the existing plant,
and the extent to which the new facility is engaged in the same general type
of activity as the existing source should be considered.
Construction on a site at which an existing source is located shall be deemed to result
in a modification rather than a new source if the construction does not create a new
building,structure,facility,or installation meeting the criteria of subparagraph(2)or
(3) above, notwithstanding that it otherwise alters, replaces, or adds to existing
process or production equipment.
Noncontact cooling water shall mean water used for cooling that does not come
into direct contact with any raw material, intermediate product, waste product, or
finished product.
Non-domestic source shall mean any source that discharges wastewater or
pollutants other than normal domestic-strength wastewater.
Pass through shall mean a discharge that exits the POTW into the waters of the
United States in quantities or concentrations that, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of the POTW's NPDES permit(including an increase in the magnitude
or duration of a violation).
Person shall mean any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental entity
(whether federal, state, local or other), or any other legal entity; or their legal
representatives, agents or assigns.
pH shall mean the measure of the activity or alkalinity of a solution expressed as
the logarithm(Base 10)of the reciprocal of the hydrogen ion concentration in moles
or grams per liter of solution.
Pollutant shall mean dredged spoil, dirt, slurry, solid waste, incinerator residue,
filter backwash, sewage, sewage sludge, garbage, trash, chemical waste, biological
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nutrient, biological material, disease causing agents, radioactive material, heat,
wrecked or discarded equipment, rock, sand, automotive fluids, paint, cooking
grease, or any industrial, commercial, household, medical waste, munitions,
municipal, agricultural or industrial waste and certain characteristics of wastewater,
including pH, temperature,TSS, turbidity, color, BOD, COD, toxicity, odor, or any
other characteristic regulated pursuant to the act or regulations promulgated
thereunder.
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 prior to or in lieu of discharging or otherwise introducing such pollutants
into the POTW. This reduction or alteration may be obtained by physical, chemical
or biological processes, or process changes by other means except by diluting the
concentration of the pollutants unless allowed by an applicable pretreatment standard.
Any restrictions or requirements that are imposed as part of a zero-discharge permit
shall be deemed to constitute pretreatment or treatment.
Pretreatment requirement shall mean any substantive or procedural requirement
related to pretreatment imposed on an industrial user other than a pretreatment
standard.
Pretreatment standards, or national pretreatment standards or standards shall
mean any regulation containing pollutant discharge limits promulgated by the EPA
in accordance with Section 307(b) and(c) of the act, that applies to industrial users,
including but not limited to categorical pretreatment standards,prohibitive discharge
standards, best management practices, and local limits established pursuant to 40
C.F.R. § 403.5.
Prohibitive discharge standard or national prohibitive discharge standard shall
mean any absolute prohibitions against the discharge of certain substances pursuant
to Section 307(b) of the act and 40 C.F.R. § 403.5.
Publicly owned treatment works (POT99 shall mean a treatment works, as
defined by Section 212 of the act,that is owned by the City. This definition includes
any and all of the City's wastewater system, as that term is defined below.
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Septage waste or septic tank 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.
Severe property damage shall mean substantial physical damage to property,
damage to the treatment facilities that causes them to become inoperable, or
substantial and permanent loss of natural resources that can reasonably be expected
to occur in the absence of a bypass. Severe property damage does not mean economic
loss caused by delays in production.
Sewage shall mean human excrement and gray water,including wastewater from
household showers, dishwashing operations and other similar uses.
Significant noncompliance shall mean an industrial user who is in violation of
one (1) or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined as those in
which sixty-six (66) percent or more of all of the measurements taken
during a six-month period exceed (by ;any magnitude) a numeric
pretreatment standard or requirement, including but not limited to
instantaneous limits, as defined by 40 C.F.R. 403.3(1), for the same
pollutant parameter;
(2) Technical review criteria(TRC)violations,defined as those in which thirty-
three (33) percent or more of all of the measurements for a pollutant
parameter taken during a six-month period equal or exceed the product of
the numeric pretreatment standard or requirement,including but not limited
to instantaneous limits, as defined by 40 C.F.R. 403.3(1) for the same
pollutant parameter, multiplied by the applicable TRC (TRC = 1.4 for
BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement as defined by
40 C.F.R. 403.3(1) (daily maximum, long-term average, instantaneous
limit, narrative standard or best management practice) that the POTW
determines has caused, alone or in combination with other discharges,
interference or pass through(including but not limited to endangerment of
the health of POTW personnel or the general public);
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(4) 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 under Subsection 26-344(b) of this
Article to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days after the scheduled date, a
compliance schedule milestone contained in a local control mechanism or
enforcement order, for starting construction, completing construction or
attaining final compliance;
(6) 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;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations, including but not limited to
violations of best management practices, which the control authority
determines will adversely affect the operation or implementation of the
local pretreatment program.
Slug or slugload shall mean any discliarge of a nonroutine, episodic nature,
including,but not limited to, an accidental spill or a noncustomary batch discharge,
or the discharge of any pollutant, or combination of pollutants, at a noncustomary
flow rate or concentration that has a reasonable potential to cause interference or pass
through, or in any way violates the POTW's regulations, local limits or permit
conditions.
Upset shall mean an exceptional incident in which there is unintentional and
temporary noncompliance with applicable pretreatment standards or requirements
because of factors beyond the reasonable control of the industrial user.An upset does
not include noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Wastewater(sewage)shall mean any liquid or water-carried industrial or sewage
wastes whether treated or untreated including polluted cooling water from dwellings,
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commercial buildings, industrial facilities and institutions that is contributed into or
permitted to enter the wastewater system.
Wastewater treatment plant or treatment plant shall mean that portion of the
POTW that is designed to provide treatment of municipal sewage and industrial
waste.
Section 2. That Section 26-211 of the Code of the City ofFort Collins is hereby amended
to read as follows:
Sec. 26-211. Federal, State and City authority.
For purposes of the Act, the Environmental Protection Agency, or upon
delegation of state pretreatment authority to the State, the Colorado Department of
Public Health and Environment, is the approval authority and the City is the
designated control authority.
Section 3. That Section 26-312 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 26-312. Issuance of industrial permit.
(a) Conditions for granting permits. An industrial discharge permit shall be
issued to the applicant if all of the following conditions are met:
(1) The application is complete and the data provided has been evaluated and
accepted;
(2) The service line connection conforms to all requirements of this Article;
(3) The accidental discharge program and the pretreatment facilities plan are
acceptable to the City;
(4) The proposed discharge, taking into account any pretreatment required, is
or will be in compliance with the prohibitions and limitations in §§26-336
through 26-338 of this Article; would permit the normal and efficient
operation of the wastewater treatment system and would not result in a
violation by the City of the terms and conditions of its NPDES permit;
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(5) The industrial user agrees to the pretreatment,recordkeeping,reporting and
monitoring requirements to be imposed as conditions of the industrial
discharge permit.
(b) Permit duration. Permits shall be issued for a specified time period not to
exceed three(3)years. If the industrial user desires to renew an existing permit, the
industrial user may be required by the utility to submit an updated application prior
to the renewal of the permit.The terms and conditions of the permit maybe modified
by the City at anytime during the term of the permit pursuant to§26-310.Any permit
may be revoked for failure to comply with the requirements of this Article.
(c) Permit transfer prohibited. Permits are issued to a specific user for a
specific operation.A permit shall not be sold, traded,assigned,transferred or sublet.
(d) Permit compliance. Compliance with the terms of an industrial discharge
permit does not relieve the permittee of its obligation to comply with any or all
applicable pretreatment regulations,standards,requirements,or laws that are or may
become effective during the term of the permit.
(e) Permit violations. Violation of any term or condition of an industrial
discharge permit shall constitute a violation of this Article and shall subject the
violator to punishment and enforcement remedies as authorized by this Article and
§1-15 of the Code.
(f) Changes in discharge. Any change in discharge location,or any production
increases, or process modifications that will result in substantially new,different,or
increased discharges of pollutants shall require prior written notification to the utility.
The submission of a new industrial discharge permit application may be required,
whether or not the proposed changes will violate the effluent limitations specified in
the existing permit. Process modifications include, but are not limited to, the
introduction of new pollutants not previously reported by the industrial user or any
other modification that may result in a discharge of a quantity or quality substantially
different from that authorized under the industrial discharge permit.
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Section 4. That Section 26-314 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 26-314. Permit may be conditional.
Permits shall be expressly subject to all provisions of this Article, including but
not limited to limits on duration and transferability, all monitoring, reporting and
recordkeeping requirements, and all enforcement and penalty provisions, and all
other applicable regulations, user charges and fees established by the City. Permits
may contain without limitation the following conditions and requirements:
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(1) The unit charge or schedule of user charges and fees for the wastewater to
be discharged to the system;
(2) Limits on the average and maximum concentration or mass of wastewater
constituents and characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements
for flow regulation and equalization;
(4) Requirements for installation and maintenance of inspection and sampling
facilities;
(5) Specifications for monitoring programs which may include sampling
locations,frequency of sampling,number,types and standards for tests and
reporting schedules;
(6) Compliance schedules;
(7) Requirements for submission of technical reports, or discharge reports and
compliance progress reports;
(8) Requirements for maintaining and retaining plant records relating to
wastewater discharge or any other records or data related to any
requirements or limitations pursuant to the act or this Article,including but
not limited to any best management practices, as specified by the utility,
and for affording the City access thereto;
(9) Requirements for notification of the City prior to any new introduction of
wastewater constituents or any substantial change in the volume or
character of the wastewater constituents being introduced into the
wastewater system;
(10) Daily average and daily maximum discharge rates, or other appropriate
conditions, when substances subject to limitation and prohibition are
proposed or present in the user's wastewater discharge;
(11) Requirements for immediate notification of all slug discharges and all
discharges of pollutants that are specified in 40 C.F.R. § 403.5(b);
(12) Requirements for separate systems to handle sanitary and industrial
wastewater, such that in the event of a violation or a potential violation of
the prohibitions or limitations set forth in this Article, the user's industrial
wastewater may be eliminated from the discharge to the utility without
interrupting the flow of sanitary wastewater from the premises;
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(13) Specifications for best management practices;
(14) Requirements to comply with general and specific discharge prohibitions
as specified in 40 CFR § 403.5 (a)(1) and(b) and § 26-332 of this Article;
(15) Requirements upon reduction of efficiency of operation,or loss, or failure
of all or part of an industrial user's treatment facility, or any other
documented inability to comply with discharge limitations,to halt or reduce
process activity or discharges to the extent necessary to maintain
compliance with discharge limitations until the treatment facility is restored
or an alternative method of treatment is provided;
(16) Requirement that no industrial user shall ever increase the use of process
water, or in any way attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with a discharge
limitation;
(17) Applicable Civil and Criminal penalties as defined by §§ 26-352, 26-354,
and 26-355 of this Article; and
(18) Other conditions as deemed appropriate by the City.
Section 5. That Section 26-317 of the Code of the City of Fort-Collins is hereby amended
to read as follows:
See. 26-317. Monitoring facilities.
(a) Whenever required by the General Manager, an industrial user shall
provide,maintain and operate at its sole expense monitoring equipment and facilities
sufficient to allow the safe inspection, sampling and flow measurements of the
private sewer or internal drainage systems. The monitoring facility should normally
be a monitoring manhole situated on the industrial user's.premises, but the utility
may, when such a location would be impractical or cause undue hardship on the
industrial user, allow the facility to be constructed in the public street or sidewalk
area and located so that it will not be obstructed by landscaping or parked vehicles.
Whenever required by the General Manager,a monitoring manhole shall be installed
for each separate regulated discharge to the public sewer in accordance with plans
and specifications approved by the General Manager. The decision to require
installation of monitoring equipment will consider factors such as sampling
frequency, parameters, economics and physical limitations of the plant site.
(b) There shall be'ample room in or near the monitoring manhole or facility to
allow accurate sampling and preparation of samples for analysis, and such manhole
shall be safely, easily and independently accessible to authorized representatives of
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the utility during normal business hours.The General Manager may require that the
monitoring equipment be installed in an enclosed facility outside of the manhole.
(c) Whether constructed on public or private property, the sampling and
monitoring equipment and facilities shall be provided in accordance with the utility's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within sixty(60)days following written notification
by the General Manager of the requirement for installation.
(d) Each monitoring manhole shall contain a Palmer-Bowlus flume or similar
device approved by the General Manager with a recording and totalizing register for
measurement of the liquid quantity. At the discretion of the General Manager, the
metered water supply to the industrial plant or a measurable adjustment thereof may
be used to determine the liquid waste quantity.
Section 6. That Section 26-318 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 26-318. Sampling and analysis.
(a) Samples shall be collected,handled,managed and documented in a manner
designed to guarantee the identity and integrity of the sample or data from collection
through reporting of the test results. The chronological history of the sample or data
must be maintained and documented. Chain-of-custody documents are required for
all permit compliance samples and shall include the name or initials of the person
collecting the sample,each person or entity subsequently having custody of it,dates
the items were collected or transferred,the collection location, a brief description of
the item, and a sample identification number.
(b) Samples that are representative of the monitored discharge shall be taken
from the required monitoring point and properly preserved in accordance with
standard methods.Grab samples must be used for pH, cyanide,total phenols,oil and
grease, sulfide and volatile organics. For all other pollutants, twenty-four-hour
composite samples must be obtained through flow-proportional composite sampling
techniques where feasible. The General Manager may waive flow-proportional
composite sampling for any industrial user that demonstrates that such sampling is
infeasible. In such cases, samples may be obtained through time-proportional
composite sampling techniques or through a minimum of four (4).grab samples
where the user demonstrates that such sampling method will provide a representative
sample of the volume and nature of the effluent being discharged.Grab samples may
be required whenever the General Manager determines that composite samples are
inappropriate. All measurements, tests and analyses of the characteristics of water
and wastes to which reference is made in this Article shall be determined in
accordance with procedures established by the EPA pursuant to Section 304(h)of the
act and contained in 40 C.F.R., Part 136, as amended. If no special monitoring
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facility has been required, the point of sampling shall be as specified by the General
Manager.
(c) The General Manager shall determine the measurements and analyses
required and the frequency of sampling for each significant industrial user and
include them as conditions of the user's industrial discharge permit. The General
Manager may impose mass limitations on industrial users that use flow equalization
to meet applicable pretreatment standards or requirements and may impose them in
other cases where mass limitations are appropriate.
(d) The industrial user maybe required by the utility to perform sampling,flow
metering and other self-monitoring at the user's own expense.The industrial user may
also be required to deliver aliquots of samples to the utility's laboratory for optional
analysis. Any user may contract with a private entity to provide such services as
deemed necessary, including but not limited to the following:
(1) Monitoring equipment;
(2) Sampling; and
(3) Laboratory analysis.
(e) The industrial user's sampling methods,frequency of sampling and analysis
of samples shall be subject to inspection and verification at any time. The industrial
user shall maintain records of all information, resulting from its self-monitoring
activities. Such records shall include for all samples:
(1) Dates, times, places and methods of sampling and the name of the person
taking the sample;
(2) Dates and analytical methods/techniques used for analysis and who
performed the analysis;
(3) Results of the analysis.
(f) If sampling indicates a violation, the industrial user shall resample and
resubmit the results of the second sample to the utility within thirty(30) days after
becoming aware of the violation. Routine,scheduled sampling may be used to meet
this requirement. The industrial user may not be required to resample if the utility
has performed sampling within thirty (30) days of the user becoming aware of the
violation. The industrial user may,however,be required to reimburse the utility for
the costs to the utility for such sampling.
(g) If the industrial user monitors more frequently than required any of the
pollutants it is required to monitor, and uses test methods prescribed by 40 C.F.R.
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Part 136 or otherwise approved by EPA or specified in the industrial user's permit,
the results of such additional monitoring shall be reported in the self-monitoring
results submitted to the utility and shall be considered in determining compliance
with the applicable discharge limits. Monitoring for pollutants upstream of the
sample locations specified in the permit is considered process control and is exempt
from the requirements of this Subsection.
(h) 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 7. That Section 26-319 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 26-319. Reporting requirements for permittee.
(a) Generally. An industrial user subject to a self-monitoring program of
sampling and analyses prescribed in its industrial discharge permit shall submit
reports of its findings to the General Manager as frequently as required by the permit.
If the user is also subject to a categorical standard,additional reports such as baseline
monitoring reports and periodic compliance reports will be required and shall be
submitted in the time and manner prescribed by the industrial discharge permit or in
accordance with 40 C.F.R. § 403.12.
(b) Compliance date report.Within ninety(90)days following the date for final
compliance with an applicable pretreatment standard,including but not limited to any
best management practices, an existing industrial user shall submit to the General
Manager a report verifying that the user's regulated discharge is in compliance with
the applicable pretreatment standards and requirements.The report shall indicate the
results of sampling and analysis of the discharge from each regulated process stream,
including the average and maximum daily flow and the nature and quantity of the
pollutants limited by the standard. The report shall also state whether the applicable
pretreatment standards or requirements are being met on a consistent basis and, if
not, what additional operation and maintenance and/or pretreatment is necessary to
bring the user into compliance. This statement shall be signed by an authorized
representative of the industrial user and certified to by a qualified professional.In the
case of a new source, the industrial user shall file the report required by this
Subsection within ninety (90) days of introducing industrial wastewater into the
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wastewater utility, together with such information as may be necessary to create a
baseline report for monitoring compliance.
(c) Periodic compliance reports. After submitting the compliance date report,
an industrial user subject to a pretreatment standard shall report the results of self-
monitoring at least semiannually to verify continued compliance with the limits
contained in the standard. These reports shall be submitted to the General Manager
during the months of June and December, unless required more frequently in the
pretreatment standard or by.the General Manager, indicating for each regulated
process stream the nature and quantity of pollutants limited by the pretreatment
standards and a record of all daily flows which,during the reporting period,exceeded
the average daily flow reported in the compliance date report. The report shall
include any documentation or data required in connection with any best management
practices, and shall explain any problems or changes in the industrial processes,
chemical usage or wastewater characteristics or flow. The report shall be signed by
an authorized representative of the industrial user and the accuracy certified to by a
qualified professional. In the discretion of the General Manager and in consideration
of such factors as local high or low flow rates, holidays, budget cycles, etc., the
General Manager may agree to alter the months during which the above reports are
to be submitted.
(d) Reports of noncompliance. If for any reason, an industrial user does not
comply with the effluent limitations specified in this Article or in the applicable
permit, the industrial user shall notify the utility within twenty-four(24)hours after
becoming aware of the violation. Initial notification shall be followed with a detailed
written statement no later than five (5) working days after becoming aware of the
violation, providing the following information:
(1) A description of the discharge and cause of noncompliance;
(2) The period of noncompliance,including the exact dates and times or,if not
corrected, the anticipated time the noncompliance is expected to continue,
and the steps being taken to reduce,eliminate and prevent recurrence of the
noncomplying discharge; and
(3) If the noncompliance was a pH violation, the industrial user shall include
a hard copy of all pH readings that were taken and stored during each
calendar day of violation.
(e) Notification of changed discharge. An industrial user shall immediately
notify the utility of any change in discharge location, or any production increases,or
process modifications, that will result in substantially new, different, or increased
discharge of pollutants. Process modifications include, but are not limited to, the
introduction of new pollutants not previously reported by the industrial user or any
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other modification that may result in a discharge of a quantity or quality substantially
different from that authorized by the applicable permit.
(f) Reports of other discharges.An industrial user shall immediately notify the
utility of any discharge that could cause disruption of or damage to the utility's
wastewater collection system, including,but not limited to any slug loadings, spills,
or discharges not otherwise authorized by the applicable permit.
(g) Notification ofhazardous waste discharges.If an industrial user discharges
a substance which, if otherwise disposed of, would be a hazardous waste under 40
CFR Part 261, the industrial user may be required to report the discharge to the
utility, Colorado Department of Public Health and Environment, and EPA.
(1) This notification requirement applies if:
y a. the discharge is greater than fifteen (15) kilograms of non-acute
hazardous waste in any calendar month; and
b. the discharge contains any amount of acute hazardous waste.
(2) If the industrial user discharges more than one hundred(100)kilograms of
such waste per calendar month to the POTW, the notification shall also
contain the following information to the extent such information is known
and readily available to the industrial user:
a. an identification of the hazardous constituents contained in the
wastes,
b. an estimation of the mass and concentration of such constituents in
the wastestream discharged during that calendar month; and
C. an estimation of the mass of constituents in the wastestream expected
to be discharged during the following twelve months.
(3) Discharges that are reported as part of pretreatment self monitoring
requirements are exempt from this requirement.
(4) The notification described in this Subsection need be submitted only once
for each hazardous waste discharged.
(h) Recordkeeping requirement. Any industrial user subject to the reporting
requirements established by this Article shall be required to retain, for a period of
five (5) years, any reports required and all supporting records and data including
documentation associated with best management practices and shall make such
records available for inspection and copying by the General Manager. Said period
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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 S. That Section 26-324(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-324. Liquid waste hauler permits.
(b) Liquid waste hauler permittees shall be subject to all applicable provisions
of this Article and all other applicable regulations,user charges and fees established
by the City. Such permits may contain, without limitation, the following conditions
and requirements:
(1) Limits on the types, concentrations and quantities of wastewater
constituents and characteristics;
(2) Sampling and monitoring requirements;
(3) Limitations on the time,place and conditions of discharge;
(4) Reporting and certification requirements; and
(5) Other conditions and requirements deemed necessary by the utility to
protect the POTW, receiving waters and the health, safety and welfare of
the citizens of the City and the customers of the utility.
Section 9. That Section 26-336 of the Code ofthe City ofFort Collins is hereby amended
to read as follows:
Sec. 26-331. Excessive discharge prohibited.
Section 10. That Section 26-337 of the Code of the City ofFort Collins is hereby amended
to read as follows:
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Sec. 26-332. Prohibitive discharge standards.
(7) Any pollutants, including oxygen demanding pollutants (BOD, etc.)
released in a discharge at a flow and/or pollutant concentration that will
cause interference with the wastewater system;
(13) Wastes from septic tank pumpage or vaults,or any other trucked or hauled
pollutants unless pursuant to a permit issued by the utility designating the
permitted point or points of discharge;
Section 11. That Section 26-338 of the Code of the City of Fort Collins is hereby
renumbered as follows:
Sec. 26-333. Specific pollutant limitations.
Section 11. That Section 26-339 of I the Code of the City,of Fort Collins is hereby
renumbered as follows:
Sec. 26-334. Accidental discharges.
Section 12. That Article 26, Division 6 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Section 26-335 which reads in its entirety as follows:
l
See. 26-335. Upsets.
(a) Effect of an upset. An upset shall constitute an affirmative defense to an
action brought for noncompliance with applicable pretreatment standards if the
requirements of paragraph (b) are met.
(b) Conditions necessary for a demonstration of upset. An industrial user who
wishes to establish the affirmative defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the industrial user can identify the cause(s) of the
upset;
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(2) The facility was at the time being operated in a prudent and workman-like
manner and in compliance with applicable operation and maintenance
procedures;
(3) The industrial user has submitted the following information to the utility
within twenty-four (24) hours of becoming aware of the upset (if this
information is provided orally, a written submission must be provided
within five (5) days):
a. A description of the indirect discharge and cause of noncompliance;
b. The period of noncompliance, including exact dates and times or, if
not corrected, the anticipated time the noncompliance is expected to
continue;
C. Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(c) Burden ofproof. In any enforcement proceeding the industrial user seeking
to establish the occurrence of an upset shall have the burden of proof.
(d) Reviewability ofutility consideration ofclaims ofupset.Industrial users will
have the opportunity for a judicial determination on any claim of upset only in an
enforcement action brought for noncompliance with applicable pretreatment
standards.
(e) User responsibility in case of upset. The industrial user shall control
production or all discharges to the extent necessary to maintain compliance with
applicable pretreatment standards upon reduction, loss, or failure of its treatment
facility until the facility is restored or an alternative method of treatment is provided.
This requirement applies in the situation where, among other things, the primary
source of power of the treatment facility is reduced, lost or fails.
Section 13. That Article 26, Division 6 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Section 26-336 which reads in its entirety as follows:
See. 26-336 Bypass.
(a) Bypass not violating applicable pretreatment standards or requirements.
An industrial user may allow any bypass to occur which does not cause pretreatment
standards or requirements to be violated, but only if it also is for essential
maintenance to assure efficient operation. These bypasses are not subject to the
provision of paragraphs (b) and (c) of this Section.
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(b) Notice.
(1) If an industrial user knows in advance of the need for a bypass, it shall
submit prior notice to the utility,if possible at least ten days before the date
of the bypass.
(2) An industrial user shall submit oral notice of an unanticipated bypass that
exceeds applicable pretreatment standards to the utility within twenty-four
(24) hours from the time the industrial user becomes aware of the bypass.
Initial notification shall be followed with a detailed written statement no
later than five (5) working days after becoming aware of the violation,
providing the following information:
a. A description of the discharge and cause of the bypass; and
b. The duration of the bypass, including the exact dates and times or, if
the bypass has not been corrected, the anticipated time it is expected
to continue, and the steps being taken to reduce, eliminate and
prevent recurrence of the bypass.
(3) The General Manager may waive the written report on a case-by-case basis
if the oral report has been received within twenty-four(24)hours.
(c) Prohibition of bypass.
(1) Bypass is prohibited, and the General Manager may take enforcement
action against an industrial user for a bypass, unless:
a. Bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage;
b. There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment
downtime or preventative maintenance; and
C. The industrial user submitted notices as required under Subsection(b)
of this Section.
(2) The General Manager may approve an anticipated bypass,after considering
its adverse effects, if the General Manager determines that it will meet the
three conditions listed in Subsection (c)(1) of this Section.
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Section 14. That Section 26-340 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 26-337. Variances.
Provided that the pretreatment standards set forth in this Article and in the act and
related regulations continue to be met, along with all requirements applicable to
discharges from the POTW,the General Manager may issue a variance from specific
requirements for industrial wastewater of unusual strength or character or not in
compliance with the prohibitive discharge standards or § 26-340 of this Article in
order to allow such discharge to be admitted to the wastewater system under an
industrial discharge permit or pursuant to a written agreement between the City and
any user, upon such terms and conditions and for such periods of time as may be
deemed reasonable bythe utility.Such variances or agreements shall not be construed
to waive any applicable pretreatment standards. The user will be required to
compensate the utility for any additional costs of surveillance,testing and treatment.
Section 15. That Section 26-341 of the Code of the City of Fort Collins is hereby
renumbered as follows:
See. 26-338. Pretreatment.
Section 16. That Section 26-342 of the Code of the City of Fort Collins is hereby
renumbered as follows:
Sec. 26-339. Interceptors.
Section17. That Section 26-343of the CodeoftheCityofFort Collins isherebyamended
to read as follows:
Sec. 26-340. Discharge limitations.
(a) Concentration-based limitations.The following pollutant limitations shall
apply to all significant industrial users.The limits for oil and grease and pH shall also
apply to all commercial dischargers.
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axamum ample Type s
l
A,rsenic,total 0.037 composite
Boron,total .40 composite
Cadmium,total 0.028 composite
Chromium,hexavalent D.27 grab
Chromium,total 2.29 composite
Copper,total 0.37 composite
Cyanide,amenable 0.13 grab
Cyanide,total 1.48 grab
Lead,total 0.15 composite
anganese,total 28.5 composite
Mercury,total 0.0009 composite
olybdenum,total 0.12 composite
it and grease 187 grab
H,minimum 5.0 grab
H,maximum 11.0 grab
Nickel,total 0.49 composite
Selenium,total .059 composite
Silver,total 086 composite
Temperature(°C) 65.0. grab
inc,total 1.83 composite
(b) Pollutant loadings from commercial dischargers. The General Manager
may limit the discharge of pollutants from commercial dischargers as necessary to
meet the discharge limits applicable to the POTW pursuant to the act, and a NPDES
permit or other legal limit or requirement.
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(c) Silver from photograph and x-ray development. For each photograph or x-
ray development process, silver removal treatment shall be provided downstream of
the development process. The silver removal equipment shall be operated in
continuously efficient condition that maintains the concentration of silver in
discharges resulting from the development of photographs or x-rays to a maximum
of one hundred (100) mg/L. Grab samples for demonstrating treatment efficiency
shall be collected downstream of treatment and prior to dilution with other
wastewater. The grab samples shall not be acidified prior to analysis.
(f) Best management practices. The General Manager may impose such
additional schedules of activities,prohibitions of practices,maintenance procedures,
and other management practices as he/she determines to be necessary to implement
the prohibitions listed in 40 CFR 403.5(a)(1) and (b) and § 26-332 of this Article,
such as treatment requirements, operating procedures, and practices to control plant
site runoff,spillage or leaks,sludge or waste disposal,or drainage from raw materials
storage. Such best management practices shall be considered local limits and are
pretreatment standards for the purposes of 40 CFR 403.5 and Section 307(d) of the
act.
(g) No user shall increase the use of process water or in any way attempt to
dilute a discharge as a partial or complete substitute for adequate treatment to achieve
compliance with any applicable limitations set by this Article.
Section 18. That Section 26-355 of the Code of the City ofFort Collins is hereby amended
to read as follows:
See. 26-355. Criminal violation.
Any person who knowingly violates any provision of this Article, or of any
permit or administrative order issued hereunder, or any federal or state law or
regulation adopted by reference by this Article, or any rules and regulations
promulgated under this Article, shall be guilty of a criminal misdemeanor subject to
punishment upon conviction as provided in § 1-15. Each day on which a violation
occurs shall be deemed a separate and distinct violation. A violation of a monthly
average discharge limitation shall be considered to be the number of violations equal
to the number of days of the user's discharge into the wastewater system during the
month.
Section 19. That all references found elsewhere in this Chapter to sections that have been
renumbered as part of this Ordinance shall be amended accordingly.
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Introduced,considered favorably on first reading,and ordered published this 2nd day
of March, A.D. 2010, and to be presented for final passage on 2 th day of July, A.D. 010.
r 1
May Ur
ATTEST:
City.Clerk
Passed and adopted on final reading on the 20th day of J y, A.D. 2010.
May Cr
ATTEST:
CityClerk
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