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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 -2- 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. -3- 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 -4-