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Ord 1790rXu -X-INCIL BIIJ� NO j -0 - 682 OMI)INANCE NO. 1790 AN ORDINANCE REGULATING T11E DISCHARGE OF WASTES TO 'lliE SANITARY AND STOl:W SEI ER SYSM11S OF Tl-lE CITY, LP.lITING SUCll DISCHARGES ONLY TO rMOSE OF ACXM,"Ty-f- ABLE TYPES , Cl"CrERISTICS, OR CONCEYMATIONS , ESTABLISHING A SYSrITM OF WASTE DISCHARGE PEMJITSp PROVIDING FOR M)RC,0-24ENT, T11E, PE'0ODBURN DO OYIJ')AIN- Plll,' OF 'I IIS CITY OF WO 0 PAGE 1 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 Q� 0 kx:.-etion J. I)ku-claration of Policy It is the policy of the City of Woodburn to provide adequate sewerage facilities for the transportation, treatment and dis7oosal of wastes from within the City and to operate the sewerage systems in a a-rc-inner which protects public health and the environment. In carrying out this policy, the objectives of this ordinance are: a. . Preclude rx)llutants fi.b(.xn enter.ing the sewerafre systems which will interfere with noimial operations or contaminate the result- ing sludge or effluent; b. Preclude the introduction of rx-A.1utants into the sewerage systems which may not be adequately treated and may pass throut),rh into the environment; c. To enhance the opportunity for recycling and reclamation of wastewater and sludge. It is the intent of the City to provide needed sewerage, services to industry while meeting the outlined objectives. This ordinance provides the s-It-l-ructure under which the service will be provided for industrial waste so that the systems are protected and can continue to provide efficiently for the waste treatment and disposal needed of the City. Section 2. Definitions a. Biochemical Oxygen E)ernand (BOD) The words "biochemical oxygen demand", or abbreviation -thereof as ".BOD", shall mean the quantity of oxygen required in the biochemical oxidation of organic matter. b. Branch Sewer The words "branch sewer" shall mean a conduit extending from the plumbing or drainage system of a building or buildings to and connecting with a puMie or private sanitary or storm sewer, within a street right-of-way. PAGE 2 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 C. Categorical Pretreatrmint Standards National pretreatment standards -specifying quantities or concentrations of pollut- ants or polluntant properties which may be discharged or intro- duced into a public sewer system by specific industrial dis- chargers. d. City Engineer 'The term "City Engineer" shall man the City Engineer of the City of Woodburn, Oregon, or his duly authorized deputy or agent. e. City or City of Woodburn The words "City" or "City of Woodburn" shall mean the municipality of Woodburn, Oregon, a municipal cor- poration of the State of Oregon, acting through its Common Council or any board, committee, body, official or person to whom the Council shall have lawfully delegated the Ix)wer to act for, or on behalf of, the City. Unless a particular board, committee, body, official or person is specifically designated in -these rules and regulations, wherever action by City is explicitly required or implied herein, it shall be understood to rw,-an action by the City Engineer of Woodburn, Oregon or his duly authorized deputy or agent. f. Combined Sewer The words "combined sewer" or "ccnbined sewer system" shall man. -a conduit or system of conduits in which both wastewater and stormwater are transported. g. Compatible Pollutant The words "compatible pollutant" shall mean wL49tes having biochemical oxyg(_M deumd, suspended solids and pH within tolerable limits, fecal- coliform bacteria, and such addi- tional pollutants which -the City treatment works axe designed to treat. h. Industrial Discharger /User Any discharger who discharge.,-.), other than household wastes directly or indirectly into the City sewer system. PAGE 3 COUNCIL BILL NO. 682 ORDINANCE NO. 179.0 i. Industrial Waste The words "industrial waste" shall mean any liquid, solid, or gaseous substance , or corTbination there4of, resulting from any process of industry, manufacturing, commercial food processing, business, agTiculture, trade or research, in- cl-uding but not limited to the developnxent, recovering or pro- cessing of natural resources and leachate from landfills or other disposal sftcs, or tiny other disctiarg-e oth(�*�r Un -in dorri-1Stic- sani- tary waste. J. Industrial Waste Discharge Permit A permit to, discharge indus- trial wastes into the City sewer system issued under the authority of this ordinance and which prescribes certain discharge require- ments and limitations. k. Interference The inhibi-tion or disruption of the City sew--�r system collection syste, treatment processes or operations. 1. pH The symbol. "p1l" shall nx-�ari the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in moles per liter of solution. Neutral water, for exc-unple, has a p1l of 7 and -(1 hydrogen ion concentration of 10-7. m. Person The word "person" I shal 1 mean any individual. , company enterprise, partnership, corporation, association, society, or group, and the singular term shall. include the plural. n. Pretreatment The reduction of the wwunt of pollutants, the elimination of pollutants, or the Lilte)-ration of the, nature of pollutant properties in wastewater to a less harmful, state prior to or in lieu of discharging or otherwise introducing such I)ol-- lutants into the City sevxlrage systems. PAGE COUNCIL BILL NO. 682 ORDINANCE NO. 1790 o. Restaurant Any establisher nt or premises, other thc,,m a single-family residential unit, equipped or used for the preparation or serving of food, whether operated on a inter- mittent or sustained basis. PAGE 5 COUNCIL BILL NO. 682 ORDINANCE NO. 1790 p. terYl The entire, sewage collection and treatment systems, exclusive of branch sewers. This includes all conduits, pumps, treatment equipment and any other components involved in the transportation, collection treatment and disposal of San i- tary and industrial.. wastewater and sludge. This includes both sanitary and storm water systems. �q. Slugload Any substance released in a discharge at a rate and/or concentration which causcls interference to City sewer- age or disposal systems. ,r. Suspended Solids The words "suspended solids" shall w -.an total suspended matter that is in suspension in water or waste- water and that is renKwable by laboratory filtering, .S. Toxic Pollutants Those substances listed by the City Engineer as toxic pollutt,,mts. Me list Js b(as(­,d tipon the priority fy)l- lutant list prepared by the U.S. Ehvironwnt(al M.,otection Ageancy and any additional information. available which indicates toxicity or hazard level of particular substances. .t. Upset An exceptional incident in which fa discharg-e uninten- tionally and temporarily is in a state of non-conpliance with -the discharge requirements set forth in this ordinance due to factors beyond the reasonable control of the discharger, and excluding non-compliance to the extent caused by operational error, improper- ly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof . AL Wa-stewater Industrial waste, or sewage or any other waste in- cluding that which may be combined with any ground water, surface water or storm wat(_,�r, -that ntty be to the City sewclrage systems. PAGE 6 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 Section 3. General Discharge Prohibitions a. Use of restricted sewers. It shall be unlawful to discharge, permit the discharge, or allow a connection which will result in the discharge of sanitary sewage or industrial waste into a public sewer under City control, which has been designated by the City Engineer to be used solely for storm drainage. It shall be un - Lawful, :for 1my porson to d-i,s(_,-h,,t-i.--g0, or pormit the, or cuase or allow a connection which will result in the discharge of storm drainage or uncontaminated water from refrigeration or cool- ing processes or steam condensate, into a public sewer under City control designated by the City Engineer to be used solely for sanitary sewage. b. Prohibited Discharges. It shall be unlawful. to discharge, cause to discharge or allow to discharge directly or indirect'll.-Y. into the City sewage systerns any of the following: (1) Waters or wastes containing substances in such concen- trations that they inhibit or interfere with the operation or performance of any sewage treatment process , are riot amenable -to treatment or reduction by the sewage treatnx�nt process em- ployed, or are only partially wuenable to treatment such that the sewage treatment plant ef f luent cannot rr*�et the require - writs of any other agency having jurisdiction over its discharge to the receiving waters or that prevents the use or disposal of sewage treatment plant sludge in accordance with applicable State and Federal regulations. (2) Any liquids, solids, or gases, which by reason of their nature or quantity, are, or may be sufficient, either alone or by interaction, to cau.,_X' fir(-.� or explosion or to be injurious in any other way to the operation of the sewer system. Pro- hibited materials include, but are not limited to, gasoline, PAGE 7 - COUNCIL BILL NO. 682 ORDINANCE NO. 179Q benzene, naptha, alcohols, fuel- oil, mineral oil. and other flam-able or explosive substances; (3) Any solid or viscous substances capable of obstructing sewage which will or may cause obstruction to the flow of sew- age or interference with the operation of the sewerage works or treatment facilities. These substances include, but are not limited to, ashes, cinders, sand, mud, straw, insol-uble shav- ings, metal, glass, rags, feathers, tar, creosote, plastics, wood, animal paunch contents, offal, blood, bones, meat trimmings and wastes, fish or fowl heads, entrails, trinryings and wast( --s, lard, tallow, baking dough, chemical residues, paint residues, cannery waste bulk solids, hair and fleshings, or plastic or paper dishes, cups, or food or beverage containers, whether whole or ground. (4) Any noxious or nralodorous liquids, gases, solids, or other substances when either singly, or by interaction with other wastes, are capable of creating a public nuisance or hazard to life or health., or preventing entry into any sewer, manhole, or purq) station; (5) Any water or waste containing a toxic or poisonous siib- st,ance in sufficient qjiaxitity, either singly or by interaction with other substances, to injure or interfere with any sewage treatment process; to constitute a hazard to humans or animals; or to create any hazard in, or adversely affect the receiving waters; or result in unacceptable concentrations of these sub- stances being discharged in combined sewer overflows or sewage treatment plant effluents. PAGE 8 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 (6) Any wastes, waste waters or substances having a pH less than 6.0 or more than 9.0, or having any other corro- sive property capable of causing damage, or hazard to piping, structures, equipment, or personnel of the sewerage systems. This includes, but is -not limited to, battery or plating acids and wastes, copper sulfate, chromium salts and compounds, or salt brine; (7) Any liquid or vapor haviiig a temperature higher than 150° F or containing heat in amounts which will. inhibit bio- logical activity, resulting in septage in sewers, or inter- ference at treatment plants. In no case shall there be heat in such quantities that the temperature of sewage inflow at any lift station exceeds 1-04' F. (8) Any material from a, cesspool. or septic tank, except such material received at a City treatment plant under City permit. (9) Any water or waste which contains in excess of one hund- red milligrams per litre, or a lesser amount as fixed by the City Engineer, for a particular establisfum?nt, of fat waste, oil or grease, whether or not emulsified, ether -soluble or n -hexane soluble matter, or any substance which may solidify or become, discernibly viscous at teii4peraturos Cabove 32' F. (10) Any domestic garbage that has not been properly commi- nuted to 1/8 -inch, or less, in any dimension; (11) Any slugload, which means any pollutant, including oxygen -demanding pollutants (BOD,etc.), released in a single discharge, episode of such volunx-, or strength as to cause inter- ference to the sewerage� (12) Any substt-tnces with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes ,and 'vegetable tanning solutions; PAGE 9 - COUNCIL BILL NO. 682 - ORDINANCE NO. 1790 (13) Any wastewater which may cause a hazard to human health, or may create a public nuisance; (14) Any unusual concentrations of inert suspended solids which may interfere with the operation of the sewerage systems I such as, but not limited to, fuller's earth, lime slurries, or lime residue; (15) Any unusual coneent.ratiol-Is of dissolved solids which arty interfere with the operatjojj o.f the ciystciris, such as, but not limited to, sodium chloride, calcium chloride, and sodium sulfate; (16) Any radioactive material, except in compliance with the current 110rer ,on Regulations for the Control. of Radiation" (OM 333-22-150). (17) Any food-processing wastes retained on a 20 -mesh screen, If material retained. on a 20 --mesh screen is being discharg -the.1 ,ed . industrial sewage rate for suspended solids may be estimted'on the basis of concentrated dip -samples of such effluent'. but this shall not bar correction of the discharge condition under the Pro- visions of Section 11. (18) Any grease or fat from any restaurant. Such establish- ments shall install, within 60 days from the date of notice, adequate grease -traps from all sinks and dish washers. Such grease traps shall be of such capacity as to require cleaning not more than twice a week. Each such establishment shall maintain a log, signed by the servicing employee, of all service and cleaning, available to City personnel inspecting. PAGE 10 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 (19) Any oil, grease, distillate, gasoline, or any other petroleum product which may be discharged to any sanitary or drainage system. Such systems shall be protected by adequate, approved, oil separators, or alternative disposal. All estab- lishments selling motor oil shall. provide facilities for drain- ing and disposal of waste oil., or provide sufficient supervision of parking area.,LhaL no waste, oil be di1s(,Jiargc,-d -to sanitary or storm sewerage, systen-is. Such establishi-nents shall. obtain industrial. pollution permits, citing, their provisions for preventing pol,lution. One discharge of waste oil- shall be, sufficient cause for injunctive relief for cessation of such offerage of motor oil for sale. Section 4. Discharge Limitations a. It shall be unlawful for a discharger who has an effective Industrial Waste Discharge Ilernit pursuant to Section to discharge wastes to the sewer system in excess of the limitations established in the permit. The City Enp.,,ineer shall establish Industrial Waste Discharge Permit limitations to the extent neces- sary to enable the City to comply with current National Pollutant Discharge EliaLination System categorical and general standards and 'waste discharge requirements as Promulgated by the U. S. Envixon- aasntal Protection Agency and the Ore�,gon State Departra- nt of Environ- mental Quality; to protect the public health and safety; to protect the receiving water quality; to protect the se�7era.ge system; and to con -ply with all other applicable Federal. and State laws. b. It shall be unlawful to discharge into the sewerage systems con- centrations of the following materials in excess of the specified limits, unless the discharger has in of an Industrial waste Discharge Permit from the State of Gregor which establishes a different limitation for a specific pollutant. PAGE 11 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 Pollutant Arsenic Cadmium Chromium (Total) Copper Cyanide Iron Concentration Limit 1.0 mg/l 1.0 mg1l 5.0 mg;/1 2.0 mg/l 1.0 mg/1 10.0 mg/1 Lead 2.0 nt /l Nickel 3.0 w,/1 Phenols or 1.0 W'/1 Cresols Zinc 4.0 mg/1 c. It shall be unlawful for a discharger to increase the use or addition of potable or proees.,-x watet-, as a partial or corn- plete substitute for adequate treatrwnt to achieve compliance with the standards and limitations set forth in this Chapter or in an Industrial Waste Discharge Permit issued pursuant hereto. Section 5. Pretreatment Facilities a. If treatment facilities, operation changes or process modi.- fications at an industrial discharger's facility are needed to cc: a4)ly with any re(Iiiii-crt-int'-s 1,1tider 41,1 -is or are necessary to me et any applicable Stato or Federal requirc!ments, the City Engineer may require that such facilities be constructed or modi- fications or changes be made within the shortest reasonable time, taking into consideration construction time , impact of the untreated waste on the City sewerage systems, economic iu43act on the facility, impact of the waste on the max-ketability of the City treatment plant sludge, and any other appropriate factors. PAGE 12 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 'b. Any requirement in Sect ion 5 may be incorporated as part of an Industrial Waste :Discharge Perndt issued under Section 7 and made a condition of issuance of such per- mit or may be incorporated in a contractural agreement between the City and the affected facility and nude a condition of the acceptance of the waste from that facility. c. Plans, specifications and other J.nfonnation relating to con- struction or installation of Preliminary treatment facilities or optional disposal required by the City Engineer under this Chapter shall be submitted to the City Engineer and the Oregon Departrw..nt of Environnpntal Quality. No construction or installation therelof shall commence until. written approval of plans and specifications by the City Engineer and the Oregon Department of Environmental Quality is obtained. No per-1--1,on, by vi.i.--tue of such approval, shall be relieved of compliance with other laws of the City and of the State relating to construction and to permits. Every facility for the preliminary treatw--!nt or handling of industrial wastes shall be constructed in accordance with the approved plans and specifi- cations, and shall be installed and maintained at the expense of the occupant of the, property discharging the industrial wastes. d. Any person constructing a preliminary treatmnt facility, as required by the City lihgineer, shall also install and mintain at his own expense sampling aunhole(s) for checking and investigat- ing the discharge from the preliminary treatment facility to the public sewer. The sampling nituihole(s) shall be placed in a loc- ation designated by the City Engineer and in accordance with speci- fications approved by the City Engineer. PAGE 13 - COUNCIL BILL NO. 682 ORDINANCE NO.1790 Section 6. Reporting Hequireix�nts a. Initial. Compliancert (1) Within ninety (90) days after receiving notification that an Industrial Waste Discharge Permit is required, the discharger subject to this Chapter shall submit a report to the City Engineer which indicates the nature and concentration of all prohibited or regulated --:substances cotitained -.in i Lt-'; dis(,tharge and the averag(.-:1' and im,)-xiamin dttily flow in g(-:0.1ons . The r('spo.rt shall al.cx) (,-,),ta,t(.,' whether the applicable pretreatrmnt standards or requirewnts are being met on a consistent b,asis and, if not, what additional oper- ations and maintenance and/or pretreatment is necessary to bring the discharger into compliance with the applicable standards and requirements . This statement shall. be si�med by an authorized representative of the discharger and certified to by a qualified professional. (2) Such reports shall be completed in corq)l-iance with the current General Pretreatment Regulations for 'Existing and New Sources of Pollution. (3) if the information required in Section 6 has already been provided to the City Engineer and that information is still accurate, the discharger shall reference -the submitted information and is not required to submit it again. b. Periodic Compliance Reports (1) Any discha:rFe-,r that is required to have an Industrial Waste Discharge Permit pursuant to Section 7 shall. sub- rnit to the City Engineer during the nyxiths of June, and Decerfi)er, un- less required on other dates and/or ny)re frequently by the City Engi- neer, a report indicating the nature of -the effluent over the previous six wnth period. The report shall include, but is not limited to, the concentration (and mass if limited in the pc rniit) of the PAGE 14 - COUNCIL BILL NO. 682 - ORDINANCE NO. 1790 limited Fx)l1u*t.-,,ant.,-'-3 1 -Ind a record of till daily -flow ialasureny­mts which exceeded the average daily flow reported in Section 6. (2) The frequency of the monitoring shall be determined by the City Engineer and specified in the Industrial Waste Dis- charge Permit. If there is an applicable effective. Federal Categorical Pretreatment Standard, the frequency shall be'not less than that prescribed j.n the St.,LMdard. (3) Flows shall be reported on the basis of actual measure- ment, provided, however, where cost or feasibility considerations justify, the City Engineer may accept reports of average and maxi- mum flows estimated by 'verifiable techniques. (4) The City Engineer may require reporting by dischargers that are not required to have an Industrial Waste Discharge Permit if information and/or data is needed to (_,-,7tab'1iSh sewe-r rate' eNtrgIe Y determine the treatability of the effluent or determine any other factor which is related to the operation and maintenance of the sewerage systems. c. Confidential Information Information and data furnished to the City Engineer with respect to the nature and frequency of discharge shall be available to the public or other governnk-ental agency with- out restriction unless the dischc--Irger specif ically requests and is able to demonstrate to the satisfaction of the City Engineer that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger. When requested by a dis- charger furnishing a report., the portions of a report which May dis- close trade, secrets or secret processes shall not be made available for inspection by the public but shall, upon written request, be made available to goverrur)ental agencies for uses related to this ordinance, the National Pollutant Discharge Elimination System, PAGE 15 - COUNCIL BILL NO. 682 - ORDINANCE NO. 1790 State waste disposal requirerwrits arid/or the Pretreatmcmt Pro- gram; provided, however, that such Portions of a report shall be available for use by the State or any State agency in ju- dicial review or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by th(-,, City Engineer das (.--()n1'identi_,La1, Shall not. Ise trans- muted to any governmental agency nor to the general public, by the City Engineer until and unless a ten-day notification.be given to the discharger. Section 7 Industrial Waste Discharge Permits a. RequireaYent for a Permit (1) Except as provided in this ' sect ion any waste discharger shall have an Industrial Waste Discharge Permit prior to discharging into the City sewer system; if: (a) The discharge is subject to promulgated National Cate- gorical Pretreatment Standards; or, (b) The dis(,,harge is si.gmificant in the opinion of the City Engineer. Significant discharges include, but are not limited to, the following: (i) Discharges containing compatible pollutai-its in con- centrations or quantities that care subject to extra strength charges; or, (ii) Discharges containing inec-ppatible pollutants in con- centrations or quantities which may interfere with the operation of the sewerage systems 'or increase the costs ,of operation; or, (ii!) Discharges which have (a truixifrn-im instantaneous flow which exceeds ton percent of the capacity of the available lateral or appropriate trunk. sewer. PAGE 16 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 c. The discharger is required to provide and maintain any form of pre-treatment or any separation process, including grease traps or oil separators. PAGE 17 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 (2) Existing Discharges (a) Discharges that were in existence prior to the date that an Industrial Waste Discharge Permit was required shall be notified in writing by the City Engineer that such a per- mit is required. much existing dischargers shall be allowed to continue discharging into the City sewer system without an Indit--A.rial Wastc., Di sell 'arge Vemaitw' ul-lLfl a i.S 'IS"L.MC-ld or denied provided that the discharger files a completed appli- cation for an Industrial Waste Discharge Permit within 90 days of the receipt of such notice. (b) Discharges allowed under Section 7 shall. me -et all other applicable requirements of this code. b. Application for an Industrial Waste Discharge Permit (1) Application for an Industrial Waste Discharge Permit shall be made to the City Engineer on f'orm.s Provided by the Departrryent of Public Works. The application shall not be considered as complete until all information identified on the form is provided, unless specific exemptions are granted by the City Engineer. (2) Completed applications shall be made within 90 days of the date requested by the City Engineer or, for new discharges, at least 90 days prior to the date the di.sch(arF(--,, is to lx�gin. C. Issuance of Industrial Waste Discharge Permits (1) Industrial Waste Discharge Permits shall be issued or denied by the City Engineer within 90 days after a completed application is f iled. (2) Industrial Waste Discharge Permits shall contain conditions which meet the requirements of -this Code as well as those of appli- able State and Federal laws and regulations. (3) If pretreatment facilities are needed to nr-�et the discharge criteria of the discharge penniA, the permit shall require the PAGE 18 - COUNCIL BILL NO. 682 - ORDINANCE NO. 1790 installation of such facilities. (4) Whenever a discharge permit requires installation or modification of monitoring or metering equipment, or of treat- ment facilities, or of process changes necessary to meet discharge standards, or for spill -control requirera�nts, a compliance schedule shall be included which establishes the dates for completion of the changes and -L-11-1 app:ropriatea interim dates. lnt(.-"rim dates shall be no more than 90 days apart. (5) Discharge permits shall expire no later than 5 years after the effective date of the permit. (6) The City Engineer may deny the issijance of any discharge permit if the discharge may res-ult in violation of any City, State, or Federal law or regulation, may overload or cause da -mage to any Portion of the City sewerage :73-ystevis,, or fi')�,ty create c-ruiy itardnerit, latent. or potential hazard to personnel, the public, or the environ- ment. d. Modification of Perm -its (1) An Industrial Was-te Discharge Permit may be modified for good and valid cause at the written request of the permittee and at the discretion of the City Engineer. (2) Permittee twdificat.i.on ,nficall tx., subrnittc�d to the City Engineer and shall cont,,ain a detailed description of all pro- posed changes in the discharge. The City Engineer may require any additional information needed to adequately evaluate the modifi- cation or assess its inpact. (3) The City Engineer may deny a request for modification if the change may result in a violation of City, State or Federal laws or regulations, may overload or cause dungy:-ige_ to any portion of the City sewerage systems, or may create any imminent or pot0ntial hazard to health, or the environmnt. PAGE 19 - COUNCIL BILL NO. 682 - ORDINANCE NO.1790 (4) If a permit modification be made at the direction of the City Engineer, the permittee shall be, notified in writing of the proposed modification at least 30 days prior to its effective date and shall be informed of the reasons of the change. e. Change in a Permitted Discharge Any modification to the per- mittee's discharge permit must be issued by the City Engineer be- fore any significant change is made in the volior � ravel_ ffrt e - of pol- lutants in an existing permitted discharge to the City sewerage, system. Changes in the discharge involving the introduction of a waste stream not previously included in the Industrial Waste Dis- charge Permit or involving the addition of new pollutants shall be considered as a. new discharr e, requiring, application under Section 7 f - Permit Flees Peiinit fees, and renewal fees, shall be as estab- lished by the Common Council, by motion, upon recommendation of the City Engineer. All monies received for Waste Discharge Per- mit Fees shall be expended only for the administration, monitor- ing or enforcement of the provisions of this Ordinance. PAGE 20 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 Section 8 ec Ins tion and SaEpling - 2 a. Inspection (1) Authorized City representatives may inspect the monitoring facilities of any industrial waste discharger to determine compli- ance with the requirem�nts of this ordinance. The discharger shall allow the City or its authorized representatives to enter upon the premises of the discharger at all. rea.sonable hours, for the purpose of inspection, sampling, or records examination. The City shall, also have the right to set up on the discharger's property any such devices as are necessary to conduct sampling, inspection, compli- ance monitoring; and/or me -tering operations. The right-of-(:Mtry shall include access to all portions of the premises that cool t,tin For s"InTpl-i.11g, RX'�a,$)Umng, treating, transporting or otherwise handling wastes, and for stor- ing records, reports or docununts relating to the treatment, sairpl- ing, or discharge of the wastes. The City E'ngineer, or his author- ized deputy, shall have the power to make such inspections, without-, warrant, during any time of operation of the facility. PAGE 21 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 (2) Conditions of Entry (a) The authorized City representative shall present appropriate credentials at the time of entry; (b) The purpose of the entry shall be for inspection, observationmeas­ureryx-�.nt, sfcinpling Y , or testing in accordance with the provisions of this ord.inanee; (c) The entry shall be made at reasonable times during any operating or business hours unless an emergency situation exists as determined by the City Engineer. I (d) All valid safety security and sanitary requirements of the facility to be inspected shall be complied with by the City representative(s) entle-i-ing t,fie jwerijj�;(-,1,7;0 b. Sampling_ (1) Samples of wastewater being discharged into the sewerage systems shall be representative of the discharge and shall be taken after treatm,-rit, if any, and before dilution by other water. The sampling method shall be one approved by the City Engineer and done in accordance with good engineering practice. (2) Swnples that are taken by City personnel for the purpose of determining compliance wd.th. the requirerrx�nts of this ordinance may be split with the discharger (or a duplicate sample provided in the instance of fats, oils and greases), if requested before or at the time of sanpling. (3) All sample analyses shall be perfornx-d in accordance with the procedures set forth in 40 CM, Part 136 and any amendments there- to or with any other test procedures approved by the Admininstrator of the Environmental Protection Agency. If there are no approved test procedures for a particular pollutant, then analyses shall be PAGE 22 COUNCIL BILL NO. 682 - ORDINANCE NO. 1790 perform -gid using other validated procedures approved by the City Engineer. c. Sampling Manhole The City Engineer may require a discharger to install and maintain, at the discharger's expense, suitable manhole(s) in the discharger's branch sewer(s) to allow observation, sailing and measurement of all industrial wastes being discharged into the City sewer system. They shall be constructed in accord- ance with plans approved by the City Engrineer and shall. be designed so that flow measuring and sampling equipment may be conveniently used or installed. Access to the manhole shall be, available to City representatives at all times. It shall be located in a street right-of-way or on an easement with ready access from a street, not behind any fence or gate, except for which the City shall be pro- vided a key or keys. Sect ion 9 Spill Prevention and Control a. Notification Any person becoming aware of spills or uncontrol- led discharges of prohibited or restricted substances, directly or indirectly, into the City sewerage systeaLs,,shall immediately re- port such discharge by telephone to the City Engineer. b. Posted Notice A notice info -ming , employees of the notification requir(nt�nt and containing a tolephone nLu-nber for the individual to contact in the event of such a di.scharffe shall be posted in a, con- spicuous place, visible to all employees that may reasonably be expected to observe such a discharge. c. Preventive Measures Direct or indirect connections or entry points which could allow spills or uncontrolled discharges of pro- hibited or restricted substances to enter the City sewer system shall be e1j.rnintated, lab(� lod, or (_-,ontrolled, so a.s to pi,event 1 . entry of wastes in violation of this ordinance. The City Engineer may require the industrial user to install or modify equipment or PAGE 23 COUNCIL BILL NO. - ORDINANCE -NO. 1790 682 A iwe> FF make other changes necessary to prevent such discharges as a condition of issuance of an Industrial Waste Discharge Permit or as a condition of continued discharge into the City sewer system. A schedule of compliance shall be established by the City Engineer which requires completion of the required actions within the shortest reasonable period of tirre. Violation of the schedule without an extension of tin -v, by the City Engineer shall be a violation of this ordinance. d. Spill Prevention and Control Plans (1) Industrial, users that handle, store or use prohibited or restricted substances on their sites shall prepare a spill pre- vention plan within 90 days of notice by the City Enr-ineer dir- ected at preventing the entrance of those -substances, directly or indirectly, into the City The plan, a.,i approved by the City Engineer, shall be posted and avallable for inspection at the facility during normal business hours and shall include, but not be limited to,, the following elements: (i) A description of the potential, points of entry into the City sewerage system; (ii) A description of the measures to be taken to pre- vent entry at, the describ(-_,d points befor(--� -i. spill occurs; (iii) Measures to be taken to contain a spi.11 of prohi- bited or restricted materials, (iv) A description of employee training in the preven- tion and control of spills. A valid SPCC plan required under the Federal Clean Water Act may be acceptable in lieu of developing a new spill control plan., pro- vided the plan (adequately addresses the elefflents required. (2) If any user has a spill. or uncontrolled discharge of prohibited or restricted substances into the City sewer, the City PAGE 24 - COUNCIL BILL NO. 682 - ORDINANCE NO. 1790 Engineer may require the user's spill prevention and control plan to be re -submitted, may require revisions to be made in the plan, and may require any such user, even residential, to -- fully comply with the requirements of this ordinance. Section 10 Acceptance of extra -strength industrial waste. The City Engineer may agree to accept industrial wastewater which exceeds the linii- tations set forth irl Se�ctj()tj 4, provided that: a. Liadtations established in comliance with promulgated Federal Pre-treatment Standards under the Clean Water Act or under Section 3 of this ordinance are not exceeded; and, b. Adequate treatat?nt capacity exists at the waste treatment plant for effectively treating the additional waste strength; and, c. The com)ercial or industrial discharger requests the City Engineer to acceptC I the industrial was on the ba.,-iis of paynt-Mt to the City of extra -strength charges as determined by him; and, d. The wastewater is being discharged to a sanitary or combined sewer; and, e. The discharger shall- af f in'n responsibility for all other pro- visions of this ordinance; and, f. All other sewage rates shall be in accordance with the Woodburn sewer rate ordin-,tnce - and g. All.. additional charges for extra -strength discharty _,es shah_ be as determined by the City Engineer. PAGE 25 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 Section 11 Enforcer,runt a. Violations (1) A violation shall have occurred when any requirement of this Ordinance has not been met; when a written demand of the City Engineer, made under the authority of this Ordinance, is not met within the <q)ecif ied time; when a. condition of a per- mit , or contract , issued under the authority o f thi s Ordinance is not met within the sWei-ried time; when effluent limitations are exceeded, regardless of intent or accident; or when false information has been provided by the discharger. (2) Each day a violation occurs shall be considered as a sepa- rate violation. b. Notice of Violation Upon determination by the City Engineer that a violation has occurred, or is occur -ring, the City Engrine(--),-r may issue a written Notice of.Violation to the dischars�er which shall outline the violation and the potential liability. The Notice may further request correction of the violation within a specified time and/or require written confirmation of the cor- rection or of efforts being made to correct the violation, by a specified date. The Notice shall be personally delivered to the discharge,r's premises or be seinL cert.-ifiect or registered mail, return receipt requested. C. Judicial Action The City Engineer may initiate appropriate civil or criminal. action through the City Attorney in a Court of competent jurisdiction to enjoin a violation and obtain corrective measures and any other appropriate relief. PAGE 26 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 d. Termination or Suspension of a Discharge (1) The City Engineer may terminate a discharge into the City sewer system or suspend such discharge for a specified length of time or terminate water and sewer services to the premises, if: (i) The discharge presents or may present an iirminent and stibstwitial endanc' xnx�nt to the health or w-l"Ifare of per- sons or the environment, or causes interference with the oper- ation of the City sewer system; or, (ii) The permit to discharge into the City sewer system was obtained by misrepresentation of any material fact or by lack of full disclosure; or, (iii) Directed by a Court of competent jurisdiction. (2) Notice of termination or suspension shall be provided to the discharger prior to terminating or suspending p the discharge. (i) In situations that are :1not emergencies , emerF the notice shall be in writing, shall contain the reasons for the termina- tion or suspension, the effective date, and the name , address and telephone number of a City contact, shall be signed by the City Engineer, and shall be received at the business address of the discharger no less than thirty days prior to the date specified for termination or suspension. (ii) In situations that are determined to be emergencies by the City Engineer, the initial notice may be verbal or written and shall contain the inform it required above. If verbal notice is given, it shall be delivered to the owner or operator of the discharging facility and shall be followed within 2 working days by a written notice that is mailed or de- livered to the business adch-ess of the discharger. The effective date of the termination or suspension in emergency situations may PAGE 27 - COUNCIL BILL NO. 682 - ORDINANCE NO.1790 be inmAiatelv after verbal or written notice has been given V as required in this paragraph. (iii) For the purposes of this section, an emergency situation is defined as a situation in which action must be, taken as rapidly as possible in order to prevent or reduce a present or potential danger or hazard to heal,th, safety, sewerage systems, treatnK�nt proc(',.,-;s(1s or re(-.,(--'tivjnfr c;trexns. e. Cost Recovery (1) The City Engineer may recover all. reasonable costs of repair- ing damages to the City sewerage systems, extra treatment required, re- storation of inhibited or disrupted treatment processes, and of paying fines or penalties which result from a discha-rge not in compliance with the requirements of EPA or DEQ, the Waste Discharge Permit, or of this Ordinance.. (2) Claim for the costs shall. be, by letter to the discharger; sent (.',erti 1.'ied or registel,ed ritti r(.Aurn receipt. requested, wh-ie-h shall state the specific violation(s), the dwyiages and penalties sustained by the City, the costs of those damages and penalties, and all other costs the City Engineer has determined as attribut- able to the discharge and, therefore, billed to the discharger. (3) The costs are 'due and payable by the discharger upon re- ceipt of the letter. If not paid within 30 calendar days, water and sewer services to the premises may be physically disconnected and the amount due and the cost of disconnection shall be assessed against the property on the docket of City liens. f. Operating Upsets Any discharger who experiences an upset in operations which places -the disetiarg-er in a temporary state of non-compliance with this ordinance or an Industrial. Wastewater Discharge Permit issued piirstic,int to Seetion 7 shall inform the City Engineer of the upset within 2 hours of the first awareness of it. Where such information is given orally, a written PAGE 28 COUNCIL BILL NO. 682 ORDINANCE NO. 1790 follow-up report shall, be, filed by the discharger with the City Engineer within five days. The report shall specify: (1) Description of the upset, the cause thereof and the up- set's impact on the discharger's compliance status. (2) Duration of non-compliance, including exact dates and t:bnes of non-compliance, and if the non-compliance continues, the tiny -IN by which axnpliance is reasonably expected to occur. (3) All steps taken or to be taken to reduce, eliminate or prevent recurrence of such an upset or other conditions of non- compliance. Section 12 Records Retention All dischargers subject to this Ordinance shall retain and preserve for no less than three years, all re- cords, books, doetw)r--nts, memoranda, reports, correspondence, and any and all :sLuivitwies thereof , re -dating to monitoring, san4)ling and chemical analyses made by or in be -half of a discharger in connection with its discharge. All, records which pertain to matters which are the subject of any enforcement or litigation activities brought by the City Engineer pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with re,,-;,,pect to any tuid al-I appeals have expired, Section 13 Conflict All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. Section 14 Severability If any provision, paragraph, word, section or chapter of this Ordinance is invalidated by any court of competent juris- diction, the r(--=-0ni.nff provisions, par4a.gr,,Lphs, words, s(-1Ctions and chapters shall, not be affected and shall continue in fill.], force - and effect. PAGE 29 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 Section 15 PENALTIES (1) Violation of any provision of this Ordinance constitutes a class I infraction and shall be dealt with according to the procedures established by Ordinance No. 1610. (2) Each day a violation of this Ordinanee continues shall be considered a separate vio'l-ation . Approved as to form ;�' tt . (.:�,'� CITY AVMWVA-jY- APPROVED : ► _.e.f 31 Oda -A E.'IAL'11-411 1-AWM,-N,-M-AY0R Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder 79A-ItNtY R1Tffft91 RECORDER City o7l�'Ioodburn,, Oregon PAGE 30 - COUNCIL BILL NO. 682 ORDINANCE NO. 1790 September 13, 1982 September 14, 1982 September 14, 1982 September 14, 1982 I, BARNEY O. BURRIS, Recorder of the City of Woodburn, Oregon, do hereby certify that i caused to be posted three copies of Ordinance No. 1790, one of which said copies posted in City Ball on the bulletin board adjacent to the entrance to the Recorder's Office, in full view of the traveling public; a second one of said copies posted on the Woodburn Public Library bulletin board at 284 Garfield Street, in full view of the traveling public; a third one of said copies posted on the Woodburn Community Center bulletin board at 491 N. Third Street, in full view of the traveling public; that all of said places are public places within the corporate limits of the City of Woodburn and all of said copies were posted on the 16th clay of September , 1982. Barney Y." Burris, Recorder City of Woodburn, Oregon