HomeMy WebLinkAbout109 - 10/16/1990 - AMENDING CERTAIN SECTIONS OF THE CITYS INDUSTRIAL WASTEWATER PRETREATMENT CODE ORDINANCE NO. 109, 1990
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CERTAIN SECTIONS OF THE CITY'S INDUSTRIAL
WASTEWATER PRETREATMENT CODE
WHEREAS, the United States Environmental Protection Agency conducted
an audit of the City's wastewater utility industrial pretreatment program,
and issued its audit report in May 1990; and
WHEREAS, in said audit report, the United States Environmental
Protection Agency recommended and required certain changes to be
incorporated into the City's industrial pretreatment code; and
WHEREAS, effective August 23, 1990, the United States Environmental
Protection Agency promulgated certain changes to the Federal Industrial
Pretreatment Regulations which require corresponding changes to the Code;
and
WHEREAS, the Council of the City of Fort Collins has determined that
it is in the best interests of the citizens of the City that the wastewater
utility industrial pretreatment code be amended as requested by the United
States Environmental Protection Agency Audit Report and as required because
of the August 23, 1990 amendments to the Federal Industrial Pretreatment
Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 26 of the Code of the City of Fort Collins be amended
as follows:
Section 1. That Section 26-206 of the Code of the City of Fort
Collins is hereby amended by the addition, in alphabetical order, of the
following definitions, to read as follows:
Sec. 26-206. Definitions.
Pass through shall mean a discharge which exits the POTW
into the waters of the United States in quantities or
concentrations which, 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) .
Significant industrial user shall mean the following:
(a) All industrial users subject to categorical pretreatment
standards under 40 CFR 403.6 and 40 CFR Chapter I,
Subchapter N.
(b) Any other industrial user that: discharges an average of
twenty-five thousand (25,000) gallons per day or more of
process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewater) ;
contributes a process wastestream which makes up five (5)
percent or more of the average dry weather hydraulic or
organic capacity of the POTW treatment plant; or is
designated as such by the control authority as defined in
40 CFR 403. 12(a) on the basis that the industrial user
has a reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment
standard or requirement (in accordance with 40 CFR
403.8[f] [6]) .
(c) Upon a finding that an industrial user meeting the
criteria in subparagraph (b) of this section has no
reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or
requirement, the control authority (as defined in 40 CFR
403. 12[a]) may, at any time, on its own initiative or in
response to a petition received from an industrial user
or POTW, and in accordance with 40 CFR 403.8(f) (6) ,
determine that such industrial user is not a significant
industrial user.
Significant noncompliance shall mean an industrial user who is
in violation of one or more of the following criteria:
(a) 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 (6) month
period exceed (by any magnitude) the daily maximum limit
or the average limit for the same pollutant parameter;
(b) Technical review criteria (TRC) violations, defined as
those in which thirty-three (33) percent or more of all
of the measurements for each pollutant parameter taken
during a six (6) month period equal or exceed the product
of the daily average maximum limit or the average limit
times the applicable TRC (TRC = 1.4 for BOD, TSS, fats,
oil and grease and 1 .2 for all other pollutants except
pH) ;
(c) Any other violation of a pretreatment effluent limit
(daily maximum or longer-term average) that the control
authority determines has caused, alone or in combination
with other discharges, interference or pass through
(including endangering the health of POTW personnel or
the general public) ;
(d) 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 subparagraphs (b) and (c) of
Section 26-344 of this Article to halt or prevent such a
discharge;
(e) 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;
(f) Failure to provide, within thirty (30) days after the due
date, required reports such as baseline monitoring
reports, ninety (90) day compliance reports, periodic
self-monitoring reports and reports on compliance with
compliance schedules;
(g) Failure to accurately report noncompliance; or
(h) Any other violation or group of violations which the
control authority determines will adversely affect the
operation or implementation of the local pretreatment
program.
Section 2. That the definition of "new source" as contained in
Section 26-206 be amended to read as follows:
New Source shall mean any building, structure, facility or
installation from which there is or may be a discharge of
pollutants, the construction of which commenced after the
publication of proposed pretreatment standards under Section
307(c) of the Act, which will be applicable to such source if
such standards are thereafter promulgated in accordance with that
Section, provided other conditions found in 40 CFR 403.3(k) are
met.
Section 3. That the second sentence of Section 26-219(a) of the Code
of the City of Fort Collins is hereby amended to read as follows:
Sec. 26-219. Inspections; right of access.
(a) Persons or occupants of premises where wastewater is
created or discharged shall allow utility personnel ready access
to the premises for the purposes of inspection, sampling, records
examination and copying, and performance of any of their duties.
Section 4. That Section 26-308, subparagraph (a) of the Code of the
City of Fort Collins shall be amended to read as follows:
Sec. 26-308. Industrial discharge permit; application.
(a) All significant industrial users shall obtain an
industrial discharge permit for their discharge to the wastewater
utility.
Section 5. That Section 26-314, subparagraph (11) of the Code of the
City of Fort Collins is hereby amended to read as follows:
Sec. 26-314. Permits may be conditional .
(11) Requirements for immediate notification of all slug
discharges and all discharges of pollutants that are
specified in Title 40, Code of Federal Regulations,
Chapter 1, Section 403.5(b) .
Section 6. That Section 26-318, subparagraph (b) of the Code of the
City of Fort Collins is hereby amended to read as follows:
Sec. 26-318. Sampling and analysis.
(b) Samples shall be taken from the required monitoring
manhole 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, 24-hour composite samples must be obtained
through flow-proportional composite sampling techniques where
feasible. The Director 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 grab samples where the user
demonstrates that such sampling method will provide a
representative sample of the effluent being discharged. Grab
samples may be required whenever the Director 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 CFR, part 136, as
amended. If no special monitoring facility has been required,
the point of sampling shall be as specified by the Director.
Section 7. That Section 26-318 of the Code of the City of Fort
Collins is hereby amended by the addition of a new subparagraph (f) to
provide 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 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 Director. Said period of retention shall be extended to
include the pendancy of any litigation existing between the user
and the Utility or EPA or the Colorado Department of Health
regarding the requirements of the industrial pretreatment program
as they relate to the industrial user, or when requested by the
Director.
Section S. That the first sentence of Section 26-321, subparagraph
(b) of the Code of the City of Fort Collins is hereby amended to read as
follows:
Sec. 26-321. Trade secrets.
(b) Information demonstrated to contain trade secrets or
other confidential information shall be treated as confidential
in accordance with 40 CFR Part 2.
Section 9. That the Code of the City of Fort Collins is hereby
amended by the addition of a new Section 26-322, Slug discharge control
plans, to read as follows:
Sec. 26-322. Slug discharge control plans.
The Director shall evaluate, at least once every two (2)
years, whether each significant industrial user needs a plan to
control slug discharges. For purposes of this Section, a slug
discharge is any discharge of a nonroutine, episodic nature,
including, but not limited to, an accidental spill or a
noncustomary batch discharge. If the Director decides that such
a plan is needed, the plan shall contain at least the following
elements:
(a) Description of discharge practices, including nonroutine
batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the POTW of slug
discharges, including any discharge that would violate a specific
prohibition under 40 CFR 403.5(b) , with procedures for follow-up
written notification within five (5) days;
(d) If necessary, procedures to prevent adverse impacts from
accidental spills, including inspection and maintenance of
storage areas, handling and transfer of materials, loading and
unloading operations, control of plant site run-off, worker
training, building of containment structures or equipment,
measures for containing toxic organic pollutants (including
solvents) and/or measures and equipment for emergency response;
and
(e) If necessary, follow-up practices to limit damage
suffered by the treatment plant or the environment.
Section 10. That the Code of the City of Fort Collins is hereby
amended by the addition of a new Section 26-323, to read as follows:
Sec. 26-323. Adoption of the Effluent Guidelines and Standards.
The "Effluent Guidelines and Standards" as promulgated by the
United States Environmental Protection Agency (revised as of July
1, 1989) and found at Title 40, Code of Federal Regulations
Chapter I, Subchapter N, be and hereby are adopted by reference
and made a part of the Code as though fully set forth herein.
Section 11 . That Section 26-337, subparagraphs (1) , (4) , (12) and
(13) of the Code of the City of Fort Collins are hereby amended to read as
follows:
Sec. 26-337. Prohibitive discharge standards.
(1) Any liquids, solids or gases which by reason or other
nature or quantity are or may be sufficient, either alone
or by interaction with other substances, to cause fire or
explosion or be injurious in any other way to the
wastewater system or the operation of the wastewater
system or utility. At no time shall two (2) successive
readings on any explosion hazard meter, at the point of
discharge into the system, be more than five (5) percent
nor any single reading over ten (10) percent of the lower
explosive limit (LEL) of the meter. Prohibited materials
include, without limitation, gasoline, kerosene, naphtha,
benzene, toluene, xylene, eithers, alcohols, ketones,
aldehydes, peroxides, chlorates, perchlorates, bromates,
carbides, hydrides, sulfides, waste streams with a closed
cup flash point of less than one hundred forty (140)
degrees fahrenheit or sixty (60) degrees centigrade, as
determined using the test methods specified in 40 CFR
261 .21, and any other substance which the city, the state
or EPA has notified the user is a fire hazard or a hazard
to the system.
(4) Any wastewater containing pollutants which either singly or
by interaction with other substances result in the presence
of toxic gases, vapors or fumes within the POTW in a
quantity that may cause acute worker health and safety
problems or otherwise cause injury or interference with the
wastewater collection system or treatment process, or create
any hazard or toxic effect in the receiving waters or exceed
the limitations for toxic pollutants set forth in Sec.
26-343 or in categorical standards;
(12) Any petroleum oil , nonbiodegradable cutting oil , products of
mineral oil origin or any other FOG in amounts that will
cause interference or pass through;
(13) Wastes from septic tank pumpage or vaults, or any other
trucked or hauled pollutants unless pursuant to a specific
written agreement with the utility;
Section 12. That Section 26-348 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Sec 26-348. Legal and injunctive relief.
If any user discharges into the wastewater utility contrary to
the provisions of this Article, federal or state pretreatment
requirements or any order of the city, or commits any other act
contrary to said provisions or orders, the City Attorney may
commence an action for appropriate legal and/or equitable relief
including without limitation, a petition in a court of competent
jurisdiction for a temporary restraining order, preliminary and
permanent injunction against the violation. In such event, the
city may recover reasonable attorneys' fees, court costs, court
reporters' fees and other expenses of litigation from the
violator if the city prevails in the litigation.
Section 13. That Section 26-350 of the Code of the City of Fort
Collins shall be amended to read as follows:
Sec. 26-350. Public notification.
The city shall , at least annually, publish in the largest
daily newspaper in the city, a list of industrial users which, at
any time during the previous twelve (12) months, were in
significant noncompliance. A summary of related enforcement
actions taken shall be included in such publication.
Introduced, considered favorably on first reading, and ordered
published this 2nd day of October, A.D. 1990, and to be presented for final
passage on the 16th day of October, A.D. 1 90.
Mayo
A EST:
City Clerk
Passed and adopted on final reading this 16th day of October, A.D.
1990.
Mayor 77
A TEST:
City Clerk