Ord 2556 - Sewer Use Ordinance COUNCIL BILL NO. 3060
ORDINANCE NO. 2556
AN ORDINANCE REGULATING THE DISCHARGE OF WASTES TO THE SANITARY AND
STORM SEWER SYSTEMS OF THE CITY; LIMITING SUCH DISCHARGES ONLY TO THOSE
OF ACCEPTABLE TYPES, CHARACTERISTICS, OR CONCENTRATIONS; ESTABLISHING A
SYSTEM OF WASTE DISCHARGE PERMITS; PROVIDING FOR ENFORCEMENT AND
REPEALING ORDINANCE 2176
Table of Contents
SECTION 1 - GENERAL PROVISIONS......................................,., ......................,,...........,..........5
1 .1 Purpose and Policy............................................ .........................................................5
1 .2 Administration...............................................,...... ......................................................... 6
1 .3 Definitions ... ............. ... 6
1 .4 Abbreviations...............................................................,......... ................... .,....,......... 16
SECTION 2 - GENERAL SEWER USE RE UIREMENTS....... .....................................................17
2.1 Prohibited Discharge Standards.............................................................................. 17
2.2 Federal Categorical Pretreatment Standards ....M............................................*..,. 19
2.3 State Requirements....................................................................................................20
2.4 "Local Limits'' Specific Pollutant Limitations —, ......... ........ ......... ........ ..,...,,.........20
2.5 City's Right to Revision ---....--... ......... .......................... ................. ...21
2.6 Special Agreement................ ........................... .................. ....................................21
2.7 Dilution .................. .................. ............. .. ......... .................., .......,...,.,.... .....,...........21
2.8 Deadline for Compliance with Categorical Standards— ..-..... .............. . .... ..21
2.9 Inflow and Infiltration ............. ...............----......,,.,...---...............................,.....21
SECTION 3 - PRETREATMENT OF WASTEWATER,,... .....,.........................................................22
3.1 Pretreatment Facilities,.......... ..................................... ..........,................ ..,.,.,,.......,.22
3.2 Additional Pretreatment Measures ................. ......... ......... ........ ........ 22
3.3 Spill Prevention and Slug Control Plans ..., ... . .....................................23
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3.4 Tenant Responsibility......................................................................................_ ......,,25
3.5 Separation of Domestic and Industrial Waste Streams........................................25
3.6 Hauled Wastewater........................ .................. .................. ................... ,........,.......25
3.7 Vandalism............................................................ . .....................................................26
3.8 Grease Interceptors........................................... ............................ .............. ...........26
SECTION 4 - WASTEWATER PERMIT ELIGIBILITY....................................................................27
4.1 Wastewater Survey................ ........................... ............... .. ................. .................27
4.2 Wastewater Permit Requirement .................... .................. .................. ................27
4.3 Permitting Existing Connections.....................,..,.............................,.........,. ..,..,.,. . 27
4.4 Permitting New Connections ...................... ...........................................................28
4.5 Permitting Extra-Jurisdictional Industrial Users.,.......... .........................................28
4.6 Wastewater Permit Application Contents .................... ........................................28
4.7 Application Signatories and Certification............ .................. ...... 30
4.8 Wastewater Permit Decision ....................................... „... ,....,.........,......,...............31
SECTION 5 - WASTEWATER PERMIT ISSUANCE PROCESS........ ....... .................. ............,„,.31
5.1 Wastewater Permit Duration .................................................................................... 31
5.2 Wastewater Permit Contents ...................................... ... ........................................31
5.3 Wastewater Permit Appeals.................... ........ ....... .................. ........ ....... .�__34
5.4 Wastewater Permit Modifications ...... ... .................. ........ ....... ..........................34
5.5 Wastewater Permit Transfer.................................................„...,...,...,.......................35
5.6 Wastewater Permit Revocation.............. ..... .............................. ....... ................35
5.7 Wastewater Discharge Permit Reissuance ............................................................36
5.8 Regulation of Wastewater Received from other Jurisdictions............................37
.SECTION 6 REPORTING REQUIREMENTS............................................................................37
6.1 Baseline Monitoring Reports .. ...............................—.....,.................................. ,......37
6.2 Compliance Schedule Progress Reports—,..... ......... ....... ........ .........................39
6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline.39
6.4 Periodic Compliance Reports........ ......... ....... ............................ ........ ................40
6.5 Report of Changed Conditions ...............................................................................42
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6.6 Reports of Potential Problems --. ....... ........ ................. ............. ... ................42
6.7 Reports from Unpermitted Users ..........--............. ............ .................................... 43
6.8 Sample Collection ............................................. .......... ....... .......... 43
6.9 Analytical Requirements......... ........-..........�.... .................. .................. ................,44
6.10 Monitoring Charges....... ................. ........ .......................... 44
6.11 Timing ..............................---......................................M......,,.. .,..,..,.......,.....,,.---....45
6.12 Record Keeping .. ........................... .................. .................. ............... ...............—, �45
6.13 Reporting of Additional Monitoring.........................................................................45
6.14 Notification of Significant Production Change—,.-- .. ....... ....................—.— .45
6.15 Notification of the Discharge of Hazardous Waste .............................................. 45
SECTION7 COMPLIANCE.........................................,.... ..............................................................47
7.1 Inspection and Sampling...................... ...................................................................47
7.2 Search Warrants--, .. .......... ............... .................. .................48
SECTION 8 - CONFIDENTIAL INFORMATION ......... ...... ................... ..........................., ..........48
SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE......................48
SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES ... .............................................50
10.1 Industrial User Violation Process ..... .................. ........ ................. 50
10.2 Violation............. ----..........................---...---...........,. ..,.....,...... , .,. ..............50
10.3 Violation of Permit Parameters ........................ ......... ........ ................. .................51
10.4 Additional Violation Parameters.............. ...... . .................. .................. ....... ........51
10.5 Industrial User Notice to City of Violation ...............................................................51
10.6 Consent Order..................................................... ,. ........ .,,..,....,,,.,,52
10.7 Show Cause Hearing .................................................................................................52
10.8 Compliance Orders........................ ,....,*,,..,,.,.....,.,.............. ..,,.......,...... ..,......,......52
10.9 Cease and Desist Orders ............... ......... ....... .. ............... .................. — -53
10.10 Administrative Fines ........................................... ........ ....... .................. .................53
10.1 1 Emergency Suspensions................................................................. ..........................54
10.12 Termination of Permit.............M,,....., ...,..,..,,,...... ,....r........,.....,,,, ,,,,,.........................54
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SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES......................... ...................................55
11 .1 Injunctive Relief —,........ ...... . ........,............,. 55
11 .2 Civil Penalties ................ .................. .................. ........................... ........................... 56
11 .3 Criminal Prosecution..... ................ .,....,,.... .................. .. .,.,... , ....,.,. ,........,..,,... 56
11 .4 Remedies Nonexclusive......- ........ ....... .......... .................. ....................................57
SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTIONS.......................................................57
12.1 Performance Bonds........................ ......... ........ ......... ........................... .................57
12.2 Liability Insurance............................ .................. ....................................................... 57
12.3 Water Supply Severance .,,,.,,,,,,,,,,,,,,,,,,,,,... ............57
12.4 Public Nuisance..........................................................................................................58
12.5 Contractor Listing .......................... .................... —....................,..,,,,..... .,,.....,..,..,..58
SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS................................58
13.1 Affirmative Defenses..........................................................,. . .............,.... ...,..M...,,..... 58
13.2 Upset ........ .................. ........................... ...................................,. .,.............,. 58
13.3 General/Specific Prohibitions................. ...........,59
13.4 Bypass ...................................... ................M......,... .,.,.......*..,... ..........,.......... ......... ..... 60
SECTION 14 - MISCELLANEOUS PROVISIONS ....... .......................... .................................61
14.1 Pretreatment Charges and Fees............ ........ ,. ,........, ,..,...,......... ................. 61
14.2 Severability.......................................................... .................. ......... .......................... 61
14.3 Conflicts with other Ordinances ...................... ..............................................,......., 62
SECTION 15 - EFFECTIVE DATE...............................................................................,....,..........62
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SECTION 1 - GENERAL PROVISIONS
1. 1 Purpose and Policy
This ordinance sets forth uniform requirements for direct and indirect
discharges of pollutants into the wastewater collection, storm water
collection and treatment system for the City of Woodburn and enables the
City to comply with all applicable State and Federal laws including the
Clean Water Act (Act 33 U.S.C. 1251 et sea.), the General Pretreatment
Regulations (40 CFR Part 403) and Oregon Administrative Rules (OAR) 340
Chapter 45.
This ordinance provides for the regulation of direct and indirect discharges
to the municipal wastewater collection and treatment system through the
issuance of permits to certain non-domestic users and through enforcement
of general requirements for other users, authorizes monitoring and
enforcement activities, establishes administrative review procedures,
requires user reporting, and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
This ordinance shall apply to the City and to persons outside the City who,
by contract or agreement with the City, are included as users of the
municipal wastewater system.
The objectives of this ordinance are:
(1 ) To prevent the introduction of pollutants into the municipal
wastewater and storm water system which will interfere with the
operation of the system;
(2) To prevent the introduction of pollutants into the municipal
wastewater and storm water system which will pass through the
system, inadequately treated, into receiving waters or the
atmosphere or otherwise be incompatible with the system;
(3) To ensure that the quality of the wastewater treatment plant biosolids
is maintained at a level which allows its beneficial use;
(4) To protect both municipal personnel who may come into contact
with sewage, biosolids and effluent in the course of their employment
as well as protecting the general public;
(5) To preserve the hydraulic capacity of the municipal wastewater
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system;
(6) To improve the opportunity to recycle and reclaim wastewater and
biosolids from the system;
(7) To provide for equitable distribution of the cost of operation,
maintenance and improvements of the municipal wastewater
system; and
(8) To ensure the City complies with its NPDES permit conditions, biosolids
use and disposal requirements and any other Federal or State laws
which the municipal wastewater system is subject.
1.2 Administration
Except as otherwise provided herein, the Wastewater Section
Superintendent/Supervisor shall administer, implement and enforce the
provisions of this ordinance. Any powers granted to or duties imposed upon
the Wastewater Superintendent/Supervisor may be delegated by the City
Public Works Director to other City personnel.
1.3 Definitions
Unless the context specifically indicates otherwise, the following terms and
phrases, as used in this ordinance shall have the meanings hereinafter
designated;
(1 ) Act or "the Act". The Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended, (33 U.S.C.1251 et seq).
(2) Approval Authority. The Oregon Department of Environmental
Quality (DEQ).
(3) Authorized Representative of the Industrial User.
A. If the user is a corporation:
1 . 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
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2. The manager of one 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 of making 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 requirements; and where
authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
B. If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
C. If the user is a Federal, State, or local governmental facility: a
director or highest official appointed or designated to
oversee the operation and performance of the activities of
the government facility, or their designee.
D. The individuals described in paragraphs a through e, above,
may designate a Duly Authorized Representative if the
authorization is in writing, the authorization 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
organization, and the written authorization is submitted to the
City.
(4) Best Management nt Practices or BMPs Schedules of activities,
prohibitions of practices, maintenance procedures, and other
management practices to implement the prohibitions listed in Section
2.1 A and B [40 CFR 403.5(a)(1 ) and (b)]. BMPs include treatment
requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw material storage.
(5) Biochemical Oxygen Demand BOD The quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard
laboratory procedure, five (5) days at 20o Celsius expressed in terms
of weight and concentration (milligrams per liter mg/L).
(6) Building Sewer. A sewer conveying wastewater from the premises of
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a user to the POTW.
(7) Categorical Pretreatment Standard or Categorical Standard. Any
regulation containing pollutant discharge limits promulgated by the
USEPA in accordance with Section 307 (b) and (c) of the Act (33
U.S.C. 1317) which applies to a specific category of industrial users
and which appears in 40 CFR Chapter I, Subchapter N, Parts 405-471 ,
incorporated herein by reference.
(8) City. City of Woodburn, Oregon, a municipal corporation of the
State of Oregon, acting through its City Council or any board,
committee, body, official, or person to whom the Council shall have
lawfully delegated the power to act for or on behalf of the City.
(9) City Public Works Director. The Public Works Director of the City of
Woodburn, Oregon, or his duly authorized agent(s),
(10) Color. The optical density at the visual wave length of maximum
absorption, relative to distilled water. One hundred percent (1000)
transmittance is equivalent to zero (0.0) optical density.
(1 1 ) Composite Sample. The sample resulting from the combination of
individual wastewater samples taken at selected intervals based on
either an increment of flow or time.
(12) Control Authorit . The City of Woodburn, Wastewater
Superintendent/Supervisor.
(13) Continuing Violation. Each day a violation occurs may be
considered as a separate violation..
(14) Cooling Water. The water discharged from any use such as air
conditioning, cooling or refrigeration, to which the only pollutant
added is heat.
(15) Daily Maximum. The arithmetic average of all effluent samples for a
pollutant collected during a calendar day.
(16) Daily Maximum Limit. 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 a concentration, the daily discharge is the
arithmetic average measurement of the pollutant concentration
derived from all measurements taken that day.
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(17) De artment of Environmental Quality or DEQ,. The Oregon
Department of Environmental Quality or where appropriate, the term
may also be used as a designation for the Director of the Department
or other duly authorized official of the Department.
(18) Domestic User (Pesldntial User. Any person who contributes,
causes, or allows the contribution of wastewater into the City POTW
that is of a similar volume and/or chemical make-up to that of a
residential dwelling unit. Discharges from a residential dwelling unit
typically include up to 100 gallons per capita per day, 0.2 pounds of
BOD per capita per day, and 0.17 pounds of TSS per capita per day.
(19) Discharge. The discharge or the introduction of pollutants into the
municipal wastewater system from any non-domestic source
regulated under Section 307 (b), (c) or (d), of the Act.
(20) Environmental Protection eAgency or U.S. EPA. The U.S. Environmental
Protection Agency or, where appropriate, the term may also be used
as a designation for the Administrator, or the Regional Water
Management Division Director, or other duly authorized official of said
agency.
(21 ) xist nn��' , Any source of discharge, the construction or
operation of which commenced prior to the publication of proposed
categorical pretreatment standards under section 307 (b) and (c) (33
U.S.C. 1317) of the Act which will be applicable to such source if the
standard is thereafter promulgated in accordance with Section 307
of the Act.
(22) Existing User. Any non-categorical user which was discharging
wastewater prior to the effective date of this Ordinance.
(23) Grab Sammi. A 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.
(24) Holding Tank Waste. Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum-pump
tank trucks.
(25) Indirect Discharge or Discharge. The introduction of pollutants into
the POTW from any nondomestic source.
(26) Industrial User, Any person engaged in an industry, especially
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manufacturing, that is a source of discharge,
(27) Industrial Waste Coordinator, The person designated by the City to
carry out certain duties and responsibilities associated with the
pretreatment program. This person is the duly authorized
representative of the Superintendent/Supervisor in accordance with
Section 1 .3 (65) of this ordinance.
(28) Industrial Wastewater. A non-domestic wastewater originating from a
nonresidential source.
(29) Infiltration. Any water other than wastewater which enters the
sewage treatment system (including service connections) from the
ground, typically from broken pipes, or defective joints in pipes and
manhole walls.
(30) Inflow. Any water from storm water runoff which directly enters the
sewage system during or immediately after rainfall. Typical points of
entry include, but are not limited to, connections with roof and area
drains, storm drain connections, holes in manhole covers in flooded
streets, cooling water discharges, catch basins, and drainage from
springs and swampy areas.
(31 ) Instantaneous (Limit. 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 the duration of the sampling event.
(32) Interference. A discharge which, alone or in conjunction with a
discharge or discharges from other sources:
A. Inhibits or disrupts the municipal wastewater system, its
treatment processes or operations, or its sludge processes, use
or disposal; and/or
B. 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) or of the prevention of sewage sludge
use or disposal in compliance with any of the following
statutory provisions and regulations or permits issued
thereunder (or more stringent State or local regulations):
1 . Section 405 of the Clean Water Act (CWA);
2. The Solid Waste Disposal Act (SWDA) (including Title II,
more commonly referred to as the Resource
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Conservation and Recovery Act (RCRA);
3. State regulations contained in any State sludge
management plan prepared pursuant to Subtitle D of
the SWDA);
4, The Clean Air Act;
5, The Toxic Substances Control Act;
6. The Marine Protection Research and Sanctuaries Act.
(33) Local Limits I Specific Pollutant Limitations. Enforceable local
requirements developed by POTWs to address federal standards as
well as state and local regulations.
(34) Maximum Allowable Discharge Limit. The maximum concentration
(or loading) of a pollutant allowed to be discharged at any time,
determined from the analysis of any discrete or composite sample
collected, independent of the industrial flow rate and the duration of
the sampling event.
(35) Medical Waste. Isolation wastes, infectious agents, human blood
and blood byproducts, pathological wastes, sharps, body parts,
fomites, etiologic agents, contaminated bedding, surgical wastes,
potentially contaminated laboratory wastes and dialysis wastes.
(36) Monthly Average. The sum of all "daily discharges" measured during
a calendar month divided by the number of "daily discharges"
measured during that month.
(37) Monthly Average Limit. 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.
(38) Municipal Wastewater System or System, A "treatment works" as
defined in Section 212 of the Act, (33 U.S.C. 1292) which is owned by
the State or municipality. This definition includes any devices or
systems used in the collection, storage, treatment, recycling and
reclamation of sewage or industrial wastes and any conveyances
which convey wastewater to a treatment plant. The term also means
the municipal entity having the responsibility for the operation and
maintenance of the system.
(39) National Pretreatment Standard. National pretreatment standard is
defined in 40 CFR 304.3(1) as any regulation containing pollutant
discharge limits promulgated by EPA under Section 307 (b) and (c) of
the Clean Water Act applicable to industrial users, including the
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general and specific prohibitions found in 40 CFR 403.5 (a) and (b).
(40) New Source.
A. 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 that:
1 . The building, structure, facility or installation is constructed
at a site at which no other source is located; or
2. The building, structure, facility or installation completely
replaces the process or production equipment that causes
the discharge of pollutants at an existing source; or
3. The production or wastewater generating processes of the
building, structure, facility or installation are substantially
independent of an existing source at the same site in
determining whether these are substantially independent,
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.
B, Construction on a site at which an existing source is located
results 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 paragraphs 1 , 2, 3 of this
section but otherwise alters, replaces, or adds to existing
process or production equipment.
C. Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
I „ Begun, or caused to begin as part of a continuous on-
site construction program;
(a) Any placement, assembly, or installation of facilities
or equipment; or
(b) Significant site preparation work including clearing,
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excavation, or removal of existing buildings,
structures, or facilities which is necessary for the
placement, assembly, or installation of new sources
facilities or equipment; or
2. Entered into a binding contractual obligation for the
purchase of facilities or equipment which are intended
to be used in its operation within a reasonable time.
Options to purchase or contacts which can be
terminated or modified without substantial loss, and
contracts for feasibility, engineering, and design studies
do not constitute a contractual obligation under this
paragraph.
(41 ) Noncontact Coolin Water. Water used for cooling that does not
come into direct contact with any raw material, intermediate
product, waste product, or finished product.
(42) Non-domesfic Pollutants. Any substances other than human
excrement and household gray water (shower, dish washing
operations, etc.). Non-domestic pollutants include the characteristics
of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD,
COD, toxicity, odor).
(43) Pass Through. A discharge which exits the treatment plant effluent
into waters of the U.S. 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 City's NPDES permit
(including an increase in the magnitude or duration of a violation).
(44) ,Permittee. A person or user issued a wastewater discharge permit..
(45) Person. Any individual, partnership, CO-partnership, firm, company,
corporation, association, joint stock company, trust, estate,
governmental entity or any other legal entity, or their legal
representatives, agents or assigns. This includes all Federal, state, or
local governmental entities.
(46) pH. The logarithm (base 10) of the reciprocal of the hydrogen ion
concentration expressed in moles per liter of solution.
(47) Pollutant. Any dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, industrial wastes, biological materials, radioactive
materials, heat, wrecked or discharged equipment, rock, sand, cellar
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dirt and agricultural wastes, anything that contaminates.
(48) Pretreatment or Treatment. 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 introducing
such pollutants into the municipal wastewater system. This reduction
or alteration may be obtained by physical, chemical or biological
processes, by process changes or by other means.
(49) Pretreatment P'e uiirement. Any substantive or procedural
requirements related to pretreatment, other than national
pretreatment standards, imposed on an industrial user.
(50) Pretreatment Standards or Standards. Pretreatment standards shall
mean prohibited discharge standards, categorical pretreatment
standards, and local limits.
(51 ) Prohibited Discharge Standard or Prohibited Dischar es. Absolute
prohibitions against the discharge of certain types or characteristics
of wastewater as established by EPA, DEQ and/or the
Superintendent/Supervisor.
(52) Publicly Owned Treatment Works or POTW , A treatment works, as
defined by section 212 of the Act (33 U.S.C. section 1292), which is
owned by the City. This definition includes any devices or systems
used in the collection, storage, treatment, recycling, and reclamation
of sewage or industrial wastes of a liquid nature and any
conveyances, which convey wastewater to a treatment plant.
(53) Receiving .Stream or Wafers of the State. All streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs, reservoirs, aquifers,
irrigation systems, drainage systems, and all other bodies or
accumulations of water, surface or underground, natural or artificial,
public or private, which are contained within, flow through, or border
upon the State of Oregon or any portion thereof.
(54) Septic Tank Waste. Any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
(55) Sewage, Domestic. Human excrement and gray water (household
toilets, showers, dishwashing operations, etc.).
(56) Sewer. Any pipe, conduit ditch, or other conveyance device used to
collect and transport sewage from the generating source.
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(57) lIalll,l ay. "Shall" is mandatory, "May" is permissive.
(58) Significant Industrial User,
A. Except as provided in paragraph B of this section the term
Significant Industrial User means:
1. All industrial users subject to categorical pretreatment
standards under 40 CFR § 403.6 and 40 CFR § chapter I,
subchapter N; and
2, Any other industrial user that: discharges an average of
25,000 gallons per day or more of process wastewater to
the POTW (excluding sanitary, non-contact cooling and
boiler blow down wastewater); contributes a process
waste stream which makes up 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 § 403.3(f) 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).
B. Upon a finding that an industrial user meeting the criteria in
paragraph A. 2. of this section has no reasonable potential for
adversely affecting the municipal waste water system's
operation or for violating any pretreatment standard or
requirement, the Control Authority (as defined in 40 CFR § 403.3
(f) 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.
(59) Slug Load. Any pollutant (including BOD) released in a non-routine,
episodic, or non-customary batch discharge at a flow rate and/or
concentration which has the potential to cause Interference or Pass
Through or in any way violate the specific discharge prohibitions in
Section 2 of this Ordinance.
(60) Standard Industrial Classification (SICI Code. A classification pursuant
to the Standard Industrial Classification Manual issued by the United
States Office of Management and Budget.
(61 ) State. State of Oregon
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Ordinance No. 2556
(62) Storm Water. Any flow during, following or resulting from any form of
natural precipitation, including snow melt.
(63) Suspended Solids or Total Suspended Solids (TSS). The total
suspended matter that floats on the surface of, or is suspended in,
water, wastewater, or other liquid, and which is removable by
laboratory filtering.
(64) Superintendent or Supervisor, Wastewater Sul2erintendent or
Supervisor), The person designated by the City to supervise the
operation of the municipal wastewater treatment system and who is
charged with certain duties and responsibilities by this article or his
duly authorized representative.
(65) Toxic Pollutant. One of the pollutants or combination of those
pollutants listed as toxic in regulations promulgated by the
Environmental Protection Agency under the provision of Section 307
(33 U.S.C. 1317) of the Act.
(66) Treatment Plant. That portion of the municipal wastewater system
designed to provide treatment of sewage and industrial waste.
(67) Treatment Plant Effluent. Any discharge of pollutants from the
municipal wastewater system into waters of the state.
(68) User. Any person who contributes, or causes or allows the
contribution of sewage or industrial wastewater into the municipal
wastewater system, including persons who contribute such wastes
from mobile sources.
(69) ' iolation. Shall have occurred when any requirement of this
ordinance has not been met; or when a written request of the
Superintendent/Supervisor, made under the authority of this
ordinance, is not met within the specified time; or when a condition
of a permit or contract issued under the authority of this ordinance is
not met within the specified time; or when permitted effluent
limitations are exceeded, regardless of intent or accident; or when
false information has been provided by the discharger.
(70) Wastewater. The liquid and water-carried industrial wastes, or
sewage from residential dwellings, commercial buildings, industrial
and manufacturing facilities, and institutions, whether treated or
untreated, which is contributed to the municipal wastewater system.
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(71 ) )vastewater Treatment Plant or Treatment Plant. That portion of the
POTW which is designed to provide treatment of municipal sewage
and industrial waste.
(72) Wastewater Discharge Permit Industrial Wastewater Discharge
Permit), An authorization or equivalent control document issued by
the City to users discharging wastewater to the POTW. The permit
may contain appropriate pretreatment standards and requirements
as set forth in this Ordinance.
This ordinance is gender neutral and the masculine gender shall include the
feminine and vice versa. Shall is mandatory; may is permissive or
discretionary. The use of the singular shall be construed to include the plural
and the plural shall include the singular as indicated by the context of its
use.
1.4 Abbreviations
The following abbreviations shall have the designated meanings:
- BOD Biochemical Oxygen Demand
- BMP Best Management Practice
- BMR Baseline Monitoring Report
- CFR Code of Federal Regulations
- CIU Categorical Industrial User
- COD Chemical Oxygen Demand
- DEQ Oregon Department of Environmental Quality
- EPA U.S. Environmental Protection Agency
- GPD Gallons Per Day
- IU Industrial User
- IWA Industrial Waste Acceptance
- L Liter
- LEL Lower Explosive Limit
- mg Milligrams
- mg/L Milligrams per liter
- NPDES National Pollutant Discharge Elimination System
- NDCIU Non-Discharging Categorical Industrial User
- O&M Operation and Maintenance
- POTW Publicly Owned Treatment Works
- RCRA Resource Conservation and Recovery Act
- SIC Standard Industrial Classification
- SIU Significant Industrial User
- SNC Significant Noncompliance
- SP/SCP Spill Prevention/Slug Control Plan
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Ordinance No. 2556
- SWDASolid Waste Disposal Act (42 U.S.C. 6901 )
® TSS Total Suspended Solids
USC United States Code
SECTION 2 - GENERAL SE"V"ER USE REQUIREMENTS
2. 1 Prohibited Discharge Standards
A. General Prohibitions. No user shall introduce or cause to be introduced into
the POTW any pollutant or wastewater which causes Pass Through or
Interference. These general prohibitions apply to all users of the POTW
whether or not they are subject to categorical Pretreatment Standards or
any other National, State, or local Pretreatment Standards or Requirements.
B. Specific Prohibitions. No user shall introduce or cause to be introduced into
the POTW the following pollutants, substances, or wastewater:
(1 ) Any liquids, solids, or gases which by reason of their 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 municipal wastewater system. Included in this prohibition are
waste streams with a closed cup flash point of less than 1400 F (600 C)
using the test methods prescribed in 40 CFR 261 .21 .
(2) Any wastewater from a grab sample having a pH less than 5.5 su
(standard units) or more than 10.0 su, or which may otherwise cause
corrosive structural damage to the system, city personnel or
equipment.
IUs using continuous pH monitoring devices are prohibited from
discharge when:
a. The total time pH values are outside the range of 5.5 su to 10.0 su
exceeds 7 hours and 26 minutes in any calendar month. In no
case shall the pH fall below 5.0 su, or become equal to 12.5 su or
above (greater than or equal to 12.5 su).
b. No individual excursion from pH range of 5.5 su to 10.0 su shall
exceed 60 minutes for any single duration. In no case shall the
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pH fall below 5.0 su, or become equal to 12.5 su or above
(greater than or equal to 12.5 su).
(3) Solid or viscous substances in amounts which will cause interference
with the flow in a sewer but in no case solids greater than one-half
inch (1/2) in any dimension.
(4) Pollutants, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will cause
Interference with the POTW;
(5) Any wastewater having temperature greater than 150° F (650 C), or
which will inhibit biological activity in the treatment plant resulting in
interference, but in no case wastewater which causes the
temperature at the introduction into the treatment plant to exceed
1040 F (40o C).
(6) Petroleum oil, non-biodegradable cutting oil, or products of mineral
oil origin, in amounts that will cause Interference or Pass Through;
(7) Any pollutants which result in the presence of toxic gases, vapor or
fumes within the system in a quantity that may cause worker health
and safety problems.
(8) Any hauled pollutants, except at discharge points designated by the
City in accordance with Section 3.6 of this Ordinance.
(9) Any noxious or malodorous liquids, gases, or solids or other
wastewater which, either singly or by interaction with other wastes,
are sufficient to create a public nuisance or hazard to life or are
sufficient to prevent entry into the sewers for maintenance and
repair.
(10) Any wastewater which imparts color which cannot be removed by
the treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions, which consequently imparts color to the
treatment plants effluent thereby violating the City's NPDES permit.
(1 1 ) Any wastewater containing any radioactive waste or isotopes except
as specifically approved by the Supervisor in compliance with
applicable State and Federal regulations.
(12) Storm water, surface water, groundwater, artisan well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate,
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deionized water, cooling water and unpolluted industrial wastewater,
unless specifically authorized by the Superintendent/Supervisor.
(13) Any sludge, screening, or other residues from the pretreatment of
industrial wastes.
(14) Any medical waste, except as specifically authorized by the
Superintendent/Supervisor in a wastewater permit.
(15) Any wastewater causing the treatment plant effluent to demonstrate
toxicity to test species during a bio-monitoring evaluation.
(16) Any waste containing detergents, surface active agents, or other
substances which may cause excessive foaming in the municipal
wastewater system.
(17) Fats, oils, or grease of animal or vegetable origin in concentrations
greater than 100 mg/L.
(18) Any substance which may cause the treatment plant effluent or any
other residues, sludge, or scum, to be unsuitable for reclamation and
reuse or to interfere with the reclamation process. In no case, shall a
substance discharged to the system cause the City to be in
noncompliance with sludge use or disposal regulations or permits
issued under Section 405 of the Act; the Solid Waste Disposal Act, the
Clean Air Act, the Toxic Substances Control Act, or other State
requirements applicable to the sludge use and disposal practices
being used by the City.
(19) Any material containing ammonia, ammonia salts, or other chelating
agents which will produce metallic complexes that interfere with the
municipal wastewater system.
(20) Any material identified as hazardous waste according to 40 CFR Part
261 except as specifically authorized by the Wastewater
Superintendent/Supervisor.
(21 ) Recognizable portions of the human body or animal anatomy,
(22) The use of emulsifiers, enzymes, bacterial additives, biological
products, digestive agents, catalysts or other chemical agents to
dissolve fats, oils and greases (FOG) is specifically prohibited.
Waste prohibited by this section shall not be processed or stored in such a
manner that these wastes could be discharged to the municipal
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wastewater system.
2.2 Federal Categorical Pretreatment Standards
Users subject to categorical pretreatment standards are required to comply
with applicable standards set out in 40 CFR Chapter 1 , Subchapter N, Parts
405-471 and incorporated herein.
(1 ) Where a categorical pretreatment standard is expressed only in
terms of either the mass or the concentration of a pollutant in
wastewater, the Wastewater Superintendent/Supervisor may impose
equivalent concentration or mass limits in accordance with 40 CFR
403.6(c).
(2) When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit of production, the
Wastewater Superintendent/Supervisor may convert the limits to
equivalent limitations expressed either as mass of pollutant
discharged per day or effluent concentration for purposes of
calculating effluent limitations applicable to individual Industrial users.
(3) When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the
Wastewater Superintendent/Supervisor shall impose an alternate limit
using the combined waste stream formula in 40 CFR 403.6(e).
(4) A user may obtain a variance from categorical pretreatment
standard if the user can prove, pursuant to the procedural and
substantive provisions in 40 CFR 403.13, that factors relating to its
discharge are fundamentally different from the factors considered by
EPA when developing the categorical pretreatment standard.
(5) A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
2.3 State Requirements
Users are required to comply with applicable State pretreatment standards
and requirements set out in OAR Chapter 340 and incorporated herein.
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2.4 "Local Limits" Specific Pollutant Limitations
No person (user) shall discharge wastewater containing restricted
substances into the municipal wastewater system in excess of limitations
specified in its Wastewater Discharge Permit or published by the
Wastewater Superintendent/Supervisor. The more stringent of either the
categorical standards or the specific pollutant limitations "Local Limits" for a
given pollutant will be placed in the permit.
The Wastewater Superintendent/Supervisor shall publish and revise from
time to time standards for specific restricted substances "Local Limits". These
standards will be adopted or rejected through resolution by the City
Council. These standards shall be developed in accordance with 40 CFR
Section 403.5 and shall implement the objectives of this ordinance.
Standards published in accordance with this section will be deemed
Pretreatment Standards for the purposes of Section 307 (d) of the Act. At
the discretion of the Wastewater Superintendent, mass or permit specific
limitations may be imposed in addition to or in place of the concentration
based limitations referenced above.
2.5 City's Right to Revision
The City reserves the right to establish, by ordinance or in wastewater
permits, more stringent limitations or requirements for discharge to the
municipal wastewater system if deemed necessary to comply with the
objectives presented in Section 1 .1 of this Ordinance or the general and
specific prohibitions in Section 2.1 of this Ordinance.
2.6 Special Agreement
The City reserves the right to enter into special agreements with users setting
out special terms under which the industrial user may discharge to the
system. In no case will a special agreement waive compliance with a
pretreatment standard. However, the industrial user may request a net gross
adjustment to a categorical standard in accordance with 40 CFR 403.15.
Industrial users may also request a variance from the categorical
pretreatment standard from US EPA. Such a request shall be approved only
if the user can prove that factors relating to its discharge are fundamentally
different from the factors considered by US EPA when establishing that
pretreatment standard. An industrial user requesting a fundamentally
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different factor variance must comply with the procedural and substantive
provisions in 40 CFR 403.13.
2.7 Dilution
No 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 unless
expressly authorized by an applicable pretreatment standard, or any other
pollutant-specific limitation developed by the City.
2.8 Deadline for Compliance with Categorical Standards
Compliance by existing sources with categorical pretreatment standards
shall be within three (3) years of the date the standard is effective unless a
shorter compliance time is specified in the appropriate subpart of 40 CFR
Chapter I Subchapter N.
New sources shall install and have in operating condition, and shall start-up
all pollution control equipment required to meet applicable pretreatment
standards before beginning to discharge. Within the shortest feasible time
(not to exceed 90 days), new sources must meet all applicable
pretreatment standards.
2.9 Inflow and Infiltration
All property owners and responsible users identified by the City as
contributors to excessive or improper infiltration or inflow into the treatment
works shall be advised of their infiltration or inflow problems. All such
properties shall be provided a 180-day grace period in which to correct the
identified infiltration and inflow problems, said 180-day grace period to
extend from the date of notification. By the end of the 180-day grace
period, each property owner shall notify the City that corrective actions
have been taken or are in progress, and describe the actions being taken.
A property owner failing to notify the City of corrective actions prior to the
end of the 180-day grace period shall be subject to termination of service
without further notice, and water service shall be immediately discontinued
and shut off until the violations shall have been corrected in accordance to
federal, state, and City regulations.
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If any excessive infiltration or inflow into the treatment works shall continue
beyond the 180-day grace period, it is hereby declared that such
continuing infiltration or inflow is a public nuisance. The City Public Works
Director shall have the right to abate such a public nuisance, to enter upon
any private property within the City for such a purpose, and to assess the
cost of such abatement as a lien against the property upon which such
infiltration and inflow occurs. An administration fee of $350.00 dollars or 5%
of the cost, whichever is greater, shall be assessed by the City Public Works
Director in addition to all cost of abatement. The assessment of all cost shall
be levied by the filing of a statement of such costs together with the
description of the property or properties to be assessed and the name of
the owner(s) thereof with the City Recorder.
SECTION 3 - PRETREATMENT OF WASTEWATER
3. 1 Pretreatment Facilities
Industrial users shall provide necessary wastewater treatment as required to
comply with this Ordinance and shall achieve compliance with all
categorical pretreatment standards, local limits and the prohibitions set out
in Section 2 above, within the time limitations specified by the
Superintendent/Supervisor. Any facilities required to pretreat wastewater to
a level acceptable to the City shall be provided, operated, and
maintained at the industrial user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be submitted 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 shall in no
way relieve the user from the responsibility of modifying the facility as
necessary to produce an acceptable discharge to the City under the
provisions of this Ordinance.
3.2 Additional Pretreatment Measures
Whenever deemed necessary, the Superintendent/Supervisor may require
industrial users to restrict the industrial user's discharge during peak flow
periods, designate that certain wastewater be discharged only into specific
sewers, relocate and/or consolidate points of discharge, separate sewage
waste streams from industrial waste streams, and such other conditions as
may be necessary to protect the municipal wastewater system and
determine the industrial user's compliance with the requirements of this
Ordinance.
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Ordinance No. 2556
(1 ) Each person discharging, into the municipal wastewater system
greater than 100,000 gallons per day or greater than five percent
(5%) of the average daily flow in the system, whichever is lesser, may
be required by the Superintendent/Supervisor to install and maintain,
on his property and at his expense, a suitable storable and flow
control facility to ensure equalization of flow over a twenty-four (24)
hour period. The facility shall have a capacity for at least fifty percent
(50%) of the daily discharge volume and shall be equipped with
alarms and a rate of discharge controller, the regulation of which
shall be directed by the Superintendent/Supervisor. A wastewater
permit may be issued solely for flow equalization.
(2) Grease, oil and sand interceptors shall be provided, when, in the
opinion of the Superintendent/Supervisor, they are necessary for the
proper handling of wastewater containing excessive amounts of
grease, flammable substances, sand, or other harmful substances;
except that such interceptors shall not be required for residential
users. All interceptor units shall be of type and capacity approved by
the Superintendent/Supervisor and shall be so located to be easily
accessible for cleaning and inspection. Such interceptors shall be
inspected, cleaned, and repaired regularly, as needed, by the
owner, at his expense.
(3) Industrial users with the potential to discharge flammable substances
may be required to install and maintain an approved combustible
gas detection meter.
3.3 Spill Prevention and Slug Control Plans
The Superintendent/Supervisor may require any user to develop and
implement a Spill Prevention/Slug Control Plan (SP/SCP). Where deemed
necessary by the City, facilities to prevent accidental spills or slug
discharges of pollutants shall be provided and maintained at the user's
expense. A spill prevention/slug control plan (SP/SCP) showing facilities and
operating procedures providing this protection shall be submitted to the
City for review and approval before implementation. The City shall
determine which user is required to develop a plan and require said plan to
be submitted within 90 days after notification by the City. Each user shall
implement its SP/SCP as submitted or as modified after such plan has been
reviewed and approved by the City. Review and approval of such plans
and operating procedures by the City shall not relieve the user from the
responsibility to modify its facility as necessary to meet the requirements of
this Ordinance. The plan shall be posted and available for inspection at the
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Ordinance No. 2556
facility during normal business hours.
(1 ) Any user required to develop and implement a spill prevention/slug
control plan shall submit a plan which addresses, at a minimum, the
following:
A. Description of discharge practices, including non-routine batch
discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the POTW of any spill or
slug discharge. Such notification must also be given for any
discharge which would violate any standards in Section 2.1
through 2.4 of this Ordinance, including any discharge that
would violate a prohibition under 40 CFR 403.5(b), or as
required by Section 6.6 of this Ordinance; and
D. Procedures to prevent adverse impact from any spill or slug
discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and
transfer of materials, loading and unloading operations, control
of plant site runoff, worker training, building of containment
structures or equipment, measures for containing toxic organic
pollutants, including solvents, and or measures and equipment
for emergency response.
(2) Users shall notify the City Wastewater Treatment Plant immediately
after the occurrence of a spill or slug discharge of substances
regulated by this Ordinance. The notification shall include location of
discharge, date and time thereof, type of waste, concentration and
volume, and corrective actions. Any affected user shall be liable for
any expense, loss, or damage to the POTW, in addition to the amount
of any fines imposed on the City on account thereof under State or
Federal law.
(3) Within five (5) days following a spill or slug discharge, the user shall
submit to the City a detailed written report describing the cause of
the discharge and the measures to be taken by the user to prevent
similar future occurrences. Such notification shall not relieve the user
of any expense, loss, damage, or other liability which may be
incurred as a result of damage to the POTW, fish kills, or any other
damage to person or property nor shall such notification relieve the
user of any fines, civil penalties, or other liability which may be
imposed by this Ordinance or other applicable law.
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Ordinance No. 2556
(4) Signs shall be permanently posted in conspicuous places on the
user's premises advising employees whom to call in the event of a
spill or slug discharge. Employers shall instruct all employees who may
cause or discover such discharge with respect to emergency
notification procedures.
(5) Preventive Measures: If any user has a spill or uncontrolled discharge
of prohibited or restricted substances into the City sewer system, the
Superintendent/Supervisor may require the user's spill prevention and
slug control plan to be resubmitted, with revisions, in order to fully
comply with the requirements of this Ordinance. The Wastewater
Superintendent/Supervisor may also require the industrial user to
install, modify equipment and/or make other changes necessary to
prevent such discharge as a condition of issuance of an Industrial
Wastewater Discharge Permit or as a condition of continued
discharge into the City sewer system. The Superintendent/Supervisor
may establish a schedule of compliance for construction completion.
The Superintendent/Supervisor may require connections or entry
points which could allow spills or uncontrolled discharges of
prohibited or restricted substances to enter the City sewer system to
be eliminated, labeled, or controlled, so as to prevent the entry of
wastes in violation of this Ordinance.
3.4 Tenant Responsibility
Any person who shall occupy an industrial user's premises as a tenant under
any rental or lease agreement shall be jointly and severally responsible for
compliance with the provisions of this Ordinance in the same manner as the
Owner.
3.5 Separation of Domestic and Industrial Waste Streams
All domestic waste streams (from rest rooms, showers, drinking fountains,
etc.) unless specifically included as part of a categorical pretreatment
standard, shall be kept separate from all industrial wastewaters until the
industrial wastewaters have passed through a required pretreatment
system and the industrial user's monitoring facility. When directed to do so
by the Superintendent/Supervisor, industrial users must separate existing
domestic waste streams.
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3.6 Hauled Wastewater
Septic tank waste (septage) will be accepted into the municipal
wastewater system at a designated receiving structure within the POTW
area, and at such times as are established by the
Superintendent/Supervisor, provided such wastes do not contain toxic or
hazardous pollutants, and provided such discharge does not violate any
other requirements established by the City. Permits for individual vehicles to
use such facilities shall be issued by the Superintendent/Supervisor.
(1 ) All waste haulers, regardless of the origin of the hauled wastes, shall
be considered "industrial users" for the purposes of this ordinance and
required to apply for a waste hauler permit.
(2) The discharge of domestic septage wastes from commercial or
industrial sites requires prior approval of the
Superintendent/Supervisor. The Superintendent/Supervisor shall have
authority to prohibit the disposal of such wastes, if such disposal
would interfere with the treatment plant operation.
(3) Fees for the discharge of septage will be established as part of the
user fee system as authorized in Section 14.
3.7 Vandalism
No person shall maliciously, willfully or negligently break, damage, destroy,
uncover, deface, tamper with or prevent access to any structure,
appurtenance or equipment, or other part of the municipal wastewater
system. Any person found in violation of this requirement shall be subject to
the sanctions set out in Section 10.
3.8 Grease Interceptors
The City may inspect grease interceptors (i.e., traps, oil/water separators) to
ensure proper installation and maintenance. Users may be required to
reimburse the City for cleaning and additional maintenance of public
sewer mains due to discharge of grease caused by noncompliance with
these rules and regulations.
(1 ) In the event the City, during routine line maintenance, discovers an
accumulation of grease in a public line sufficient to restrict the
normal flow of waste, upstream IUs shall be inspected. When the City
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determines which user was responsible for the grease or oil discharge,
the user may be required to cease discharge of the prohibited waste,
install an interceptor, maintain the interceptor, and may be charged
for the cost of cleaning the line.
(2) Other Interceptors: Dischargers who operate automatic and coin-
operated laundries, car washes, filling stations, commercial garages
or similar businesses having any type of washing facilities (including
pressure washing and steam cleaning) or any other dischargers
producing grit, sand, oils, lint, or other materials which have the
potential of causing partial or complete obstruction of the building
side sewer or other areas in the POTW shall, upon order of the
Superintendent/Supervisor, install approved interceptors, oil/water
separators, or tanks in accordance with specifications adopted by
the City of Woodburn such that excessive amounts of oil, sand and
inert solids are effectively prevented from entering the POTW.
(3) Installation and Maintenance: All grease interceptors, oil/water
separators, settling tanks and grit traps shall be properly installed,
maintained and operated by the discharger at his own expense. The
installation shall be kept in continuous operation at all times, and shall
be maintained to provide efficient operation. Cleaning must be
performed by a service contractor qualified to perform such
cleaning, or in a manner approved by the Superintendent/Supervisor.
All material removed shall be disposed of in accordance with all
state and federal regulations.
SECTION 4 - WASTEWATER PERMIT ELIGIBILITY
4. 1 Wastewater Survey
When requested by the City of Woodburn all industrial users must submit
information on the nature and characteristics of their wastewater by
completing a Nonresidential Wastewater Discharge Survey form prior to
commencing their discharge. The Superintendent/Supervisor is authorized
to prepare a form for this purpose and may periodically require industrial
users to update the survey. Failure to complete this survey shall be
considered a violation of this ordinance and subjects the industrial user to
the sanctions set out in Section 10.
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Ordinance No. 2556
4.2 Wastewater Permit Requirement
It shall be unlawful for significant industrial users to discharge wastewater
into the City's sanitary sewer system without first obtaining a wastewater
permit from the Superintendent/Supervisor. Any violation of the terms and
conditions of wastewater permit shall be deemed a violation of this
Ordinance and subjects the industrial user to the sanctions set out in Section
10. Obtaining a wastewater permit does not relieve a permittee of its
obligation to obtain other permits required by Federal, State or local law.
The Superintendent/Supervisor may require other non-domestic users,
including liquid waste haulers, to obtain wastewater permits as necessary to
carry out the purposes of this chapter.
4.3 Permitting Existing Connections
Any significant industrial user, without a current industrial waste discharge
permit, which discharges industrial waste into the municipal wastewater
system prior to the effective date of this ordinance and who wishes to
continue such discharges in the future, shall, within ninety (90) days after
said date, apply to the City for a wastewater permit in accordance with
Section 4.6, and shall not cause or allow discharges to the system to
continue after one hundred eighty (180) days of the effective date of this
Ordinance except in accordance with a permit issued by the
Superintendent/Supervisor.
4.4 Permitting New Connections
Any significant industrial user proposing to begin or recommence
discharging industrial wastes into the municipal wastewater system must
obtain a wastewater permit prior to beginning or recommencing such
discharge. An application for this permit must be filed at least ninety (90)
days prior to the anticipated start up date.
4.5 Permitting Extra-Jurisdictional Industrial Users
Any existing significant industrial user located beyond the City limits shall
submit a permit application, in accordance with Section 4.6 below, within
ninety (90) days of the effective date of this Ordinance. New significant
industrial users located beyond the City limits shall submit such applications
to the Superintendent/Supervisor ninety (90) days prior to any proposed
discharge into the municipal system. Upon review of such application, the
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Ordinance No. 2556
Superintendent/Supervisor may enter into a contract with the industrial user
which requires the industrial user to subject itself to and abide by this
Chapter, including all permitting, compliance monitoring, reporting, and
enforcement provisions herein. Alternately, the Superintendent/Supervisor
may enter into an agreement with the neighboring jurisdiction in which the
significant industrial user is located to provide for the implementation and
enforcement of pretreatment program requirements against said user.
4.6 Wastewater Permit Application Contents
In order to be considered for a wastewater permit, all industrial users
required to have a permit must submit the following information on an
application form approved by the Superintendent/Supervisor.
(1 ) Name, mailing address, and location (if different from mailing
address);
(2) Environmental control permits held by or for the facility;
(3) Standard Industrial Classification (SIC) and/or North American
Industrial Classification System (NAICS) codes for pretreatment the
industry as a whole and any processes for which categorical
pretreatment standards have been promulgated.
(4) Description of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemicals used at
the facility which are or could accidentally or intentionally be
discharged to the municipal system;
(5) Number and type of employees, and hours of operation, and
proposed or actual hours of operation of pretreatment system.
(6) Each product by type, amount, process or processes and rate of
production;
(7) Type and amount of raw materials process (average and maximum
per day);
(8) The site plans, floor plans and mechanical and plumbing plans and
details to show all sewers, floor drains, and appurtenances by size,
location and elevation, and all points of discharge;
(9) Time and duration of the discharge;
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(10) Measured average daily and maximum daily flow, in gallons per day,
to the municipal system from regulated process streams and other
streams as necessary to use the combined wastestream formula in 40
CFR 403.6(e);
(1 1 ) Daily maximum, daily average, and monthly average wastewater
flow rates, including daily, monthly, and seasonable variations, if any;
(12) Wastewater constituents and characteristics, including any pollutants
in the discharge which are limited by Federal, State, and local
standards, pretreatment standards applicable to each regulated
process; and nature and concentration (or mass if pretreatment
standard requires) of regulated pollutant in each regulated process
(daily maximum and average concentration or mass when required
by a pretreatment standard). Sampling and analysis shall be
undertaken in accordance with 40 CFR Part 136, and certified that
sampling is representative of normal work cycles and expected
pollutant discharges.
(13) A statement reviewed by an authorized representative of the user
and certified to by a qualified professional indicating whether or not
the pretreatment standards are being met on a consistent basis, and
if not, what additional pretreatment is necessary.
(14) If additional pretreatment and/or O&M will be required to meet the
standards, then the industrial user shall indicate the shortest time
schedule necessary to accomplish installation or adoption of such
additional treatment and/or O&M. The completion date in this
schedule shall not be longer than the compliance date established
for the applicable pretreatment standard. The following conditions
apply to this schedule;
A. The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events
leading to the construction and operation of additional
pretreatment required for the user to meet the applicable
pretreatment standards (such events include hiring an
engineer, completing preliminary plans, completing final plans,
executing contracts for major components, commencing
construction, completing construction, beginning operation,
and conducting routine operation). No increment referred to
above shall exceed nine (9) months nor shall the total
compliance period exceed thirty-six (36) months.
B. No later than 14 days following each date in the schedule and
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the final date for compliance, the user shall submit a progress
report to the Superintendent/Supervisor including, at a
minimum, whether or not it complied with the increment of
progress, the reason for any delay, and if appropriate, the
steps being taken by the user to return to the established
schedule. In no event shall more than nine (9) months elapse
between such progress reports to the
Superintendent/Supervisor.
(15) Any other information as may be deemed by the
Superintendent/Supervisor to be necessary to evaluate the permit
application.
(16) A new source discharger may provide estimates as to the character
and volume of pollutants described in 4.6 (10)(1 1 )(12).
Incomplete or inaccurate applications shall not be processed and shall be
returned to the industrial user for revision.
4.7 Application Signatories and Certification
All permit applications and industrial user reports must contain the following
certification statement and be signed by an authorized representative of
the industrial user.
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the
best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine
and imprisonment for knowing violations."
If the designation of an Authorized Representative is no longer accurate
because a different individual or position has responsibility for the overall
operation of the facility or overall responsibility for environmental matters for
the company, a new written authorization satisfying the requirements of this
Section must be submitted to the Superintendent/Supervisor prior to or
together with any reports to be signed by an Authorized Representative.
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Ordinance No. 2556
4.8 Wastewater Permit Decision
The Superintendent/Supervisor will evaluate the data furnished by the
industrial user and may require additional information. Within sixty (60) days
of receipt of a complete permit application, the Superintendent/Supervisor
will determine whether or not to issue a wastewater permit. If no
determination is made within this time period, the application will be
deemed denied.
If any waters or wastes are discharged, or area proposed to be discharged
to the public sewers, which waters contain the substances or possess the
characteristics enumerated in Section 2, and which in the judgment of the
Superintendent/Supervisor, may have a deleterious effect upon the
municipal treatment system, processes, equipment, or receiving waters, or
which otherwise create a hazard to life or constitute a public nuisance, the
Superintendent/Supervisor may take any of the following actions:
(1 ) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to
the public sewers;
(3) Require control over the quantities and rates of discharge, and/or;
(4) Require payment to cover the added cost of handling and treating
the wastes not covered by existing taxes or sewer charges.
SECTION 5 - WASTEWATER PERMIT ISSUANCE PROCESS
5. 1 Wastewater Permit Duration
Permits shall be issued for a specific time period, not to exceed five (5)
years. A permit may be issued for a period less than five (5) years, at the
discretion of the Superintendent/Supervisor. Each permit shall indicate a
specific date upon which it will expire.
5.2 Wastewater Permit Contents
Wastewater permit shall include such conditions as are reasonably deemed
necessary by the Superintendent/Supervisor to prevent Pass Through or
Interference and to implement the objectives of this Ordinance.
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(1 ) Wastewater Permits shall contain the following conditions:
A. A statement that indicates permit duration, which in no event
shall exceed 5 years.
B. A statement that the permit is nontransferable without prior
notification to and approval from the City and provisions for
furnishing the new owner or operator with a copy of the
existing permit.
C. Effluent limits including Best Management Practices, based on
applicable Pretreatment standards in Federal, State and local
law.
D. Self monitoring, sampling, reporting, notification and record
keeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling location,
sampling frequency, and sample type based on Federal, State
and local law.
E. Statement of applicable civil and criminal penalties for
violation of pretreatment standards and requirements, and any
applicable compliance schedule. Such schedules may not
extend the compliance date beyond applicable federal
deadlines.
F. Requirements to control Slug Discharge, if determined by the
Superintendent/Supervisor to be necessary.
G. Requirements for immediate reporting of any instance of
noncompliance and for automatic re-sampling and reporting
within thirty (30) days where self-monitoring indicates a
violation(s).
K Requirements for prior notification and approval by the
Superintendent/Supervisor of any new introduction of
wastewater pollutants or of any change in the volume or
character of the wastewater prior to introduction in the system.
I. Requirements for immediate notification of excessive,
accidental, or slug discharges, or any discharge which could
cause any problems to the system.
(2) Permits also may contain, but need not be limited to, the following:
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A. Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulations and
equalization.
B. Limits on the instantaneous, daily and monthly average and/or
maximum concentration, mass, or other measure of identified
wastewater pollutants or properties.
C. Requirements for the installation of pretreatment technology or
construction of appropriate containment devices, etc.,
designed to reduce, eliminate, or prevent the introduction of
pollutants into the treatment works.
D. Development and implementation of spill control plans or other
special conditions including management practices necessary
to adequately prevent accidental, unanticipated, or routine
discharges.
E. Development and implementation of waste minimization plans
to reduce the amount of pollutants discharged to the
municipal wastewater system.
F. The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the system.
G. Requirements for installation and maintenance of inspection
and sampling facilities and equipment.
H. Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types, and
standards for tests, and reporting schedules.
i. Compliance schedules for meeting pretreatment standards
and requirements.
I Requirements for submission of periodic self-monitoring or
special notification reports.
K. Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified in Section 6.12
and affording the Superintendent/Supervisor, or his
representatives, access thereto.
L. Requirements for the prior notification and approval by the
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Superintendent/Supervisor of any change in the manufacturing
and/or pretreatment process used by the permittee.
M. A statement that compliance with permit does not relieve the
permittee of responsibility for compliance with all applicable
federal and state pretreatment standards, including those
which become effective during the term of the permit.
K Other conditions as deemed appropriate by the
Superintendent/Supervisor to ensure compliance with this
ordinance, and State and Federal laws, rules, and regulations;
the term of the permit.
5.3 Wastewater Permit Appeals
Any person including the industrial user may petition the
Superintendent/Supervisor to reconsider the terms of the permit within ten
(10) days of the issuance of the final permit.
(1 ) Failure to submit a timely petition for review shall be deemed to be a
waiver of the administrative appeal.
(2) In its petition, the appealing party must indicate the permit provisions
objected to, the reasons for this objection, and the alternative
conditions, if any, it seeks to place in the permit.
(3) The effectiveness of the permit shall not be stayed pending the
appeal.
(4) If the Superintendent/Supervisor fails to act within fifteen (15) days, a
request for reconsideration shall be deemed to be denied. Decisions
not to reconsider a wastewater discharge permit, not to issue a
wastewater discharge permit, or not to modify a wastewater
discharge permit shall be considered final administrative actions for
purpose of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by petitioning for a
Writ of Review in the Marion County Circuit Court, pursuant to ORS
Chapter 34, within sixty (60) days of the final administrative decision.
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Ordinance No. 2556
5.4 Wastewater Permit Modifications
The Superintendent/Supervisor may modify the permit for good cause
including, but not limited to, the following:
(1 ) To incorporate any new or revised federal, state, or local
pretreatment standards or requirements.
(2) To address significant alterations or additions to the industrial user's
operation, processes, or wastewater volume or character since the
time of permit issuance.
(3) A change in the municipal wastewater system that requires either a
temporary or permanent reduction or elimination of the authorized
discharge.
(4) Information indicating that the permitted discharge poses a threat to
the City's municipal wastewater system, City personnel, or the
receiving waters.
(5) Violation of any terms or conditions of the wastewater permit.
(6) Misrepresentation or failure to disclose fully all relevant facts in the
permit application or in any required reporting.
(7) Revisions of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13.
(8) To correct typographical or other errors in the permit.
(9) To reflect a transfer of the facility ownership and/or operation to a
new owner/operator.
The filing of a request by the permittee for a permit modification does not
stay any permit condition.
5.5 Wastewater Permit Transfer
Permits may be reassigned or transferred to a new owner and/or operator
with prior approval of the Superintendent/Supervisor if the permittee gives
at least thirty (30) days advance notice to the Superintendent/Supervisor.
The notice must include provision for furnishing the new owner or operator
with a copy of the existing permit and a written certification by the new
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owner which:
(1 ) States that the new owner has no immediate intent to change the
facility's operations and processes.
(2) Identifies the specific date on which the transfer is to occur.
(3) Acknowledges full responsibility for complying with the existing permit.
Failure to provide advance notice of a transfer renders the wastewater
permit terminated.
5.6 Wastewater Permit Revocation
The Superintendent/Supervisor may revoke a wastewater discharge permit
for good cause, including, but not limited to, the following reasons:
(1 ) Failure to notify the City of significant changes to the wastewater
prior to the changed discharge;
(2) Falsifying self-monitoring reports;
(3) Tampering with monitoring equipment;
(4) Refusing to allow the City timely access to the facility premises and
records;
(5) Failure to meet effluent limitations;
(6) Failure to pay administrative penalties;
(7) Failure to pay sewer charges;
(8) Failure to meet compliance schedules;
(9) Failure to complete a wastewater survey;
(10) Failure to provide advance notice of the transfer of a permitted
facility;
(1 1 ) Violations of any pretreatment standard or requirement or any terms
of the permit or the ordinance;
(12) Failure to provide prior notification to the Superintendent/Supervisor
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of changed conditions pursuant to Section 6.5 of this Ordinance;
(13) Misrepresentation of, or failure to fully disclose all relevant facts in the
wastewater discharge permit application;
(14) Failure to complete a wastewater discharge permit application;
Wastewater discharge permits shall be voidable upon cessation of
operations, or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of a new
wastewater permit to that user.
5.7 Wastewater Permit Reissuance
A user who is required to have a wastewater discharge permit shall apply
for a wastewater discharge permit application, in accordance with Section
4.6 of this Ordinance, a minimum of ninety (90) days prior to the expiration
of the user's existing wastewater discharge permit. A user whose existing
wastewater discharge permit has expired and who has submitted its re-
application in the time period specified herein shall be deemed to have an
effective wastewater discharge permit until the City issues or denies the
new wastewater discharge permit. A user whose existing wastewater
discharge permit has expired and who failed to submit its re-application in
the time period specified herein will be deemed to be discharging without
a wastewater discharge permit.
5.8 Regulation of Wastewater Received from other Jurisdictions
If another municipality, or user located within another jurisdiction,
contributes wastewater to the municipal wastewater system, the
Superintendent/Supervisor shall enter into an intermunicipal or
interjurisdictional agreement with the contributing municipality or
jurisdiction, or enter into a contract with the user(s), in accordance with
requirements specified in the City's pretreatment procedures. All
interjurisdictional agreements made with users outside the City's jurisdiction
will be considered a major modification to the City NPDES permit and will
require approval from the Department of Environmental Quality.
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Ordinance No. 2556
SECTION 6 - REPORTING REQUIREMENTS
6. 1 Baseline Monitoring Reports
Within 180 days after the effective date of a categorical pretreatment
standard, or 180 days after the final administrative decision on a category
determination under 40 CFR 403.6(a)(4), whichever is later, existing
significant industrial users subject to such categorical pretreatment
standards and currently discharging to or scheduled to discharge to the
municipal system shall be required to submit to the City a report which
contains the information listed in paragraph 6.1 (1 ), below. At least ninety
(90) days prior to commencement of their discharge, new sources,
including existing users which have changed their operation or processes so
as to become new sources, shall be required to submit to the City a report
which contains the information listed in paragraph 6.1 (1 ). A new source
shall also be required to report the method it intends to use to meet
applicable pretreatment standards. A new source shall also give estimates
of its anticipated flow and quantity of pollutants discharged.
(1 ) The information required by this section includes:
(A) Identifying Information The user shall submit the name and
address of the facility including the name of the operator and
owners;
(B) Permits The user shall submit a list of any environmental control
permits held by or for the facility;
(C) Descrii tion of Operation The user shall submit a brief
description of the nature, average rate of production, and
standard industrial classifications of the operation(s) carried out
by such industrial user. This description should include a
schematic process diagram which indicates points of
discharge to the system from the regulated processes;
(D) How Measurement The user shall submit information showing
the measured average daily and maximum daily flow, in
gallons per day, to the system from regulated process streams
and other streams as necessary to allow use of the combined
wastestream formula set out in 40 CFR 403.6 (e);
(E) Measurement of Pollutant
(i) The industrial user shall identify the categorical
pretreatment standards applicable to each regulated
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process.
(ii) In addition, the industrial user shall submit the results of
sampling and analysis identifying the nature and
concentration (and/or mass, where required by federal,
state or City standards or the Superintendent/Supervisor)
of regulated pollutants in the discharge from each
regulated process. Instantaneous, daily maximum and
long term average concentrations (or mass, where
required by federal, state or City standards or the
Superintendent/Supervisor) shall be reported. The sample
shall be representative of daily operations and shall be
performed in accordance with procedures set out in 40
CFR Part 136.
(iii) Samples should be taken immediately downstream from
pretreatment facilities if such exist or immediately
downstream from the regulated process if no
pretreatment exists. If other wastewaters are mixed with
the regulated wastewater prior to pretreatment the user
should measure the flows and concentrations necessary
to allow use of the combined wastestream formula, in
order to evaluate compliance with Pretreatment
Standards. Where an alternate concentration or mass
limit has been calculated in accordance with 40 CFR
403.6 (e). This adjusted limit along with supported data
shall be submitted to the Control Authority.
(iv) Sampling and analysis shall be performed in accordance
with the techniques prescribed in 40 CFR part 136 and
amendments thereto.
(v) The Control Authority may allow the submission of a
Baseline Monitoring Report, which utilizes only historical
data so long as the data provides information sufficient
to determine the need for industrial pretreatment
measures.
(vi) The baseline report shall indicate the time, date and
place, of sampling and methods of analysis, and shall
certify that such sampling and analysis is representative
of normal work cycles and expected pollutant discharge
to the POTW.
(F) Special Certification. A statement, reviewed by an authorized
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representative of the industrial user and certified to by a
qualified professional, indicating whether pretreatment
standards are being met on a consistent basis, and, if not,
whether additional operations and maintenance (O&M)
and/or additional pretreatment is required in order to meet the
pretreatment standards and requirements; and
(G) Compliance Schedule If additional pretreatment and/or O&M
will be required to meet the pretreatment standards; the
shortest schedule by which the industrial user will provide such
additional pretreatment and/or O&M. The completion date in
this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. A
compliance schedule pursuant to this section must meet the
requirements set out in Section 4.6 (14) of this Ordinance.
(H) Signature and Certification All baseline-monitoring reports must
be signed and certified in accordance with Section 4.7.
6.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required
by Section 6.1 (G) of this ordinance:
(1 ) The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to
the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (such
events include, but are not limited to, hiring an engineer,
commencing and completing construction, and beginning and
conducting routine operation).
(2) No increment referred to above shall exceed nine (9) months.
(3) The user shall submit a progress report to the
Superintendent/Supervisor no later than fourteen (14) days following
each date in the schedule and the final date of compliance
including, as a minimum, whether or not it complied with the
increment of progress, the reason for any delay, and, if appropriate,
the steps being taken by the user to return to the established
schedule.
(4) In no event shall more than nine (9) months lapse between such
progress reports to the Superintendent/Supervisor.
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Ordinance No. 2556
6.3 Reports on Compliance with Categorical Pretreatment Standard
Deadline
Within ninety (90) days following the date for final compliance with
applicable categorical pretreatment standards, or in the case of a new
source, following commencement of the introduction of wastewater into
the municipal (POTW) wastewater system, any user subject to such
pretreatment standards and requirements shall submit to the
Superintendent/Supervisor a report containing the information described in
section 6.1 (1 ) D-F of this Ordinance. For users subject to equivalent mass or
concentration limits established in accordance with the procedures in 40
CFR 403.6(c), this report shall contain a reasonable measure of the user's
long term production rate. For all other industrial users subject to
categorical pretreatment standards expressed in terms of allowable
pollutant discharge per unit of production (or other measure of operation),
this report shall include the user's actual production during the appropriate
sampling period. All compliance reports must be signed and certified in
accordance with Section 4.7.
6.4 Periodic Compliance Reports
(1 ) Any user that is required to have an industrial waste discharge permit
and performs self-monitoring shall submit to the City semi-annually on
the fifteenth day of June and December, unless required on other
dates or more frequently by the City, a report indicating the nature
and concentration of pollutants in the discharge which are limited by
Pretreatment Standards. In cases where the Pretreatment Standard
requires compliance with a Best Management Practice (BMP) or
pollution prevention alternative, the user must submit documentation
required by the Superintendent/Supervisor or the Pretreatment
Standard necessary to determine the compliance of the user. The
frequency of monitoring shall be as prescribed within the industrial
waste discharge permit. At a minimum, users shall sample their
discharge at least twice per year. In addition, this report shall include
a record of measured or estimated average and maximum daily
flows for the reporting period for the discharge according to 40 CFR
403.12 (b)(4).
(2) The report shall include a record of the concentration (and mass if
specified in the wastewater discharge permit) of the pollutants listed
in the wastewater discharge permit that were measured and a
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record of all flow measurements (average and maximum) taken at
the designated sampling locations and shall also include any
additional information required by this Ordinance or the wastewater
discharge permit. Production data shall be reported if required by
the wastewater discharge permit. Both daily maximum and average
concentration (or mass, where required) shall be reported. If a user
sampled and analyzed more frequently than what was required by
the City or by this Ordinance, using methodologies in 40 CFR Part 136,
it must submit all results of sampling and analysis of the discharge
during the reporting period.
(3) Any user subject to equivalent mass or concentration limits
established by the City or by unit production limits specified in the
applicable categorical standards shall report production data as
outlined in Section 6.3.
(4) If the City calculated limits to factor out dilution flows or non-
regulated flows, the user will be responsible for providing flows from
the regulated process flows, dilution flows and non-regulated flows.
(5) Flows shall be reported on the basis of actual measurements,
provided, however, that the City may accept reports of average and
minimum flows estimated by verifiable techniques if the City
determines that an actual measurement is not feasible.
(6) Discharges sampled shall be representative of the user's daily
operations and samples shall be taken in accordance with the
requirements specified in Section 6.
(7) The City may require reporting by users that are not required to have
an industrial wastewater discharge permit if information or data is
needed to establish a sewer charge, determine the treatability of the
effluent, or determine any other factor which is related to the
operation and maintenance of the sewer system.
(8) The City may require self-monitoring by the industrial user or, if
requested by the user, may agree to perform the periodic
compliance monitoring needed to prepare the periodic compliance
report required under this section. If the City agrees to perform such
periodic compliance monitoring, it may charge the user for such
monitoring, based upon the costs incurred by the City for the
sampling and analyses. Any such charges shall be added to the
normal sewer charge and shall be payable as part of the sewer bill.
The City is under no obligation to perform periodic compliance
monitoring for a user.
(9) All wastewater samples must be representative of industrial user's
discharge. Wastewater monitoring and flow measurement facilities
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shall be properly operated, kept clean, and maintained in good
working order at all times. The failure of an industrial user to keep its
monitoring facility in good working order shall not be grounds for the
industrial user to claim that sample results are unrepresentative of its
discharge.
A. In the event an industrial user's monitoring results indicate a
violation has occurred, the industrial user shall immediately
(within 24 hours of becoming aware of the violation) notify the
Superintendent/Supervisor and shall resample its discharge. The
industrial user shall report the results of the repeated sampling
within thirty (30) days of discovering the first violation.
B. The reports shall indicate the time, date, persons, location of
sampling, and methods of analysis, and shall certify that such
sampling and analysis is representative of the normal work
cycles and expected pollutant discharges to the city sewer
system. All sampling and analysis protocol shall be in
accordance with 40 CFR Part 136 and amendments thereto.
(10) Reporting requirements for industrial users not subject to categorical
pretreatment standards will be according to the requirements
established in 40 CFR 403.12 (h) and Section 6.4 of this ordinance.
(1 1 ) All periodic compliance reports must be signed and certified in
accordance with Section 4.7 of this Ordinance.
6.5 Report of Changed Conditions
Each industrial user shall notify the Superintendent/Supervisor of any
planned significant changes to the industrial user's operations or system
which might alter the nature, quality or volume of its wastewater at least 30
days before the change. Notification of any changes in the listed or
characteristic hazardous wastes for which the user has submitted initial
notification under 40 CFR 403.12 (p) must also be reported.
(1 ) The Superintendent/Supervisor may require the industrial user to
submit such information as may be deemed necessary to evaluate
the changed condition, including the submission of a wastewater
permit application under Section 4.6, if necessary.
(2) The Superintendent/Supervisor may issue a wastewater permit under
Section 4.8 or modify an existing wastewater permit under Section
5.4.
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(3) No industrial user shall implement the planned changed conditions)
until and unless the Superintendent/Supervisor has responded to the
industrial user's notice.
(4) For purposes of this requirement, flow or loading increases of twenty
(20%) or greater and the discharge of any previously unreported
pollutant shall be deemed significant.
6.6 Reports of Potential Problems
(1 ) In the case of an accidental or other discharge which may cause
potential problems for the municipal wastewater system, it is the
responsibility of the user to immediately telephone and notify the City
POTW Superintendent/Supervisor of the incident. This notification shall
include the location of discharge, type of waste, concentration and
volume, if known, and corrective actions taken by the user.
(2) Within five (5) days following an accidental discharge, the user shall,
unless waived by the Superintendent/Supervisor, submit a detailed
written report describing the cause(s) of the discharge and the
measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any
expense, loss, damage, or other liability which may be incurred as a
result of damage to the system, natural resources, or any other
damage to person or property; nor shall such notification relieve the
user of any fines, civil penalties, or other liability which may be
imposed by this ordinance.
(3) Significant industrial users are required to notify the
Superintendent/Supervisor immediately of any changes at its facility
affecting the potential for a Slug Discharge. Failure to notify the City
of potential problem discharges shall be deemed a separate
violation of this ordinance.
(4) A notice shall be permanently posted on the user's bulletin board or
other prominent place advising employees whom to call in the event
of a discharge described in paragraph (1 ), above. Employers shall
ensure that all employees who may cause or suffer such a discharge
to occur are advised of the emergency notification procedure.
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6.7 Reports from Unpermitted Users
All industrial users not subject to categorical pretreatment standards and
not required to obtain a wastewater permit shall provide appropriate
reports to the City as the Superintendent/Supervisor may require.
6.8 Sample Collection
Samples collected to satisfy reporting requirements must be based on data
obtained through appropriate sampling and analysis performed during the
period covered by the report, based on data that is representative of
conditions occurring during the reporting period.
(1 ) Except as indicated in Section 2 and 3 below, the industrial user must
collect wastewater samples using 24-hour flow-proportional
composite sampling techniques, unless time-proportional composite
sampling or grab sampling is authorized by the
Superintendent/Supervisor. Where time-proportional composite
sampling or grab sampling is authorized by the City, the samples must
be representative of the discharge. Using protocols (including
appropriate preservation) specified in 40 CFR Part 136 and
appropriate EPA guidance, multiple grab samples collected during a
24-hour period may be composited prior to the analysis as follows: for
cyanide, total phenols, and sulfides the samples may be composited
in the laboratory or in the field; for volatile organics and oil and
grease, the samples may be composited in the laboratory.
Composite samples for other parameters unaffected by the
compositing procedures as documented in approved EPA
methodologies may be authorized by the City, as appropriate. In
addition, grab samples may be required to show compliance with
Instantaneous Limits.
(2) Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using
grab collection techniques.
(3) For sampling required in support of baseline monitoring and 90-day
compliance reports required in Section 6.1 and 6.3 [40 CFR 403.12(b)
and (d)], a minimum of four (4) grab samples must be used for pH,
cyanide, total phenols, oil and grease, sulfide and volatile organic
compounds for facilities for which historical sampling data do not
exist; for facilities for which historical sampling data are available,
Superintendent/Supervisor may authorize a lower minimum. For the
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reports required by paragraphs Section 6.4 (40 CFR 403.12(e) and
403.12(h)), the industrial user is required to collect the number of grab
samples necessary to assess and assure compliance with applicable
Pretreatment Standards and Requirements.
(4) Samples that are taken by City personnel for the purposes of
determining compliance with the requirements of this Ordinance
may be split with the industrial user if requested (or a duplicate
sample provided in the instance of fat, oil and grease) if requested
before or at the time of sampling.
(5) The Superintendent/Supervisor may require an industrial user to install
and maintain, at the industrial user's expense, a suitable manhole in
the industrial user's branch sewer or other suitable monitoring access
to allow observation, sampling and measurement of all industrial
wastes being discharged into the City sewer system. It shall be
constructed in accordance with plans approved by the
Superintendent/Supervisor and shall be designed so that flow
measuring and sampling equipment may be conveniently installed.
Access to the manhole or monitoring access shall be available to
City personnel at all times.
6.9 Analytical Requirements
All sample analyses shall be performed in accordance with the procedures
set forth in 40 CFR, Part 136 and any amendments thereto or with any other
test procedures approved by the Administrator of The Environmental
Protection Agency. If there are no approved test procedures for a
particular pollutant, then analyses shall be performed using other validated
procedures approved by the Superintendent/Supervisor and, if the
discharge is subject to a Categorical Pretreatment Standard, by the EPA
Administrator.
6. 10 Monitoring Charges
The City may recover the City's expenses incurred in collecting and
analyzing samples of the industrial user's discharge by adding the City's
expenses to the industrial user's sewer charges.
6. 11 Timing
Written reports shall be deemed to have been transmitted at the time of
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deposit, postage prepaid, into a mail facility service by the United States
Postal Service.
6. 12 Record Keeping
Industrial users shall retain, and make available for inspection, and copying,
all records and information required to be retained under 40 CFR 403.12(o).
These records shall remain available for a period of at least three (3) years.
This period shall be automatically extended for the duration of any litigation
concerning compliance with this ordinance, or where the industrial user as
been specifically notified of a longer retention period by the
Superintendent/Supervisor, DEQ or EPA.
6. 13 Reporting of Additional Monitoring
If an industrial user subject to the reporting requirements of 40 CFR 403.12(e)
or (h), which requires submission of periodic compliance reports, monitors
any pollutant more frequently than required by the City, using the
procedures prescribed in 40 CFR Part 136, the results of this monitoring shall
be included in the report, as required by 40 CFR 403.12(g)(6).
6. 14 Notification of Significant Production Change
An industrial user operating under a waste discharge permit incorporating
equivalent mass or concentration limits calculated from a production
based standard shall notify the Superintendent/Supervisor within two (2)
business days after the user has a reasonable basis to know that the
production level will significantly change within the next calendar month.
Any user not notifying the Superintendent/Supervisor of such anticipated
change shall be required to meet the mass or concentration limits in its
permit that were based on the original estimate of the long term average
production rate.
6. 15 Notification of the Discharge of Hazardous Waste
(1 ) Any user who commences the discharge of hazardous waste shall
notify the City, the EPA Regional Waste Management Division
Director, of any discharge into the municipal wastewater system of a
substance which, if otherwise disposed of, would be a hazardous
waste under 40 CFR Part 261 . Such notification must include the
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name of the hazardous waste as set forth in 40 CFR Part 261 , the EPA
hazardous waste number, and the type of discharge (continuous,
batch, or other). If the user discharges more than one hundred (100)
kilograms of such waste per calendar month to the municipal
wastewater system, the notification also shall contain the following
information to the extent such information is known and readily
available to the user: an identification of the hazardous constituents
contained in the wastes, an estimation of the mass and
concentration of such constituents in the wastestream discharged
during that calendar month, and an estimation of the mass of
constituents in the wastestream expected to be discharged during
the following twelve (12) months. All notifications must take place no
later than one hundred and eighty (180) days after the discharge
commences. Any notification under this paragraph need be
submitted only once for each hazardous waste discharged.
However, notifications of changed conditions must be submitted
under Section 6.5 of this Ordinance. The notification requirement in
this Section does not apply to pollutants already reported by
industrial users subject to categorical pretreatment standards under
the self-monitoring requirements of Sections 6.1 , 6.3, and 6.4 of this
Ordinance.
(2) Industrial users are exempt from the requirements of this paragraph
(1 ), above, during a calendar month in which they discharge no
more than fifteen (15) kilograms of hazardous waste, unless the
wastes are acute hazardous waste as specified in 40 CFR 261 .30 (d)
and 261 .33 (e). Discharge of more than fifteen (15) kilograms of non-
acute hazardous waste in a calendar month, or of any quantity of
acute hazardous waste as specified in 40 CFR 261 .30 (d) and 261 .33
(e), requires a one - time notification. Subsequent months during
which the user discharges more than such quantities of any
hazardous waste do not require additional notification.
(3) In the case of any new regulations under Section 3001 of the RCRA
identifying additional characteristics of hazardous waste or listing any
additional substance as a hazardous waste, the user must notify the
Director, the EPA Regional Waste Management Division Director, and
DEQ Solid and Hazardous Waste Division Director, of the discharge of
such substance within ninety (90) days of the effective date of such
regulations.
(4) In the case of any notification made under this Section, the user shall
certify that it has a program in place to reduce the volume and
toxicity of hazardous wastes generated to the degree it has
determined to be economically practical.
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(5) This provision does not create a right to discharge any substance not
otherwise permitted to be discharged by this Ordinance, a permit
issued hereunder, or any applicable Federal or State law.
SECTION 7 - COMPLIANCE
7. 1 Inspection and Sampling
Authorized City personnel may inspect and monitor any industrial user of City
water and/or sewer services to determine compliance with the requirements
of this Ordinance. The industrial user shall allow the City or its authorized
representatives to enter upon the premises for the purpose of inspection,
sampling, records examination, record copying, and photographic
documentation. The City shall also 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. The right of entry includes,
but is not limited to, access to those portions of the premises that contain
facilities for sampling, measuring, treating, transporting or otherwise handling
waste, and storing records, reports or documents relating to the treatment,
sampling or discharge of waste.
(1 ) Where a user has security measures in force which require proper
identification and clearance before entry into their premises, the
industrial user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, personnel
from the City, State, and US EPA will be permitted to enter, without
delay, for the purposes of performing their official duties.
(2) The entry may be made at reasonable times during normal operating
or business hours unless an emergency situation exists as determined
by the Superintendent/Supervisor;
(3) The City may require the industrial user to install monitoring
equipment, as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper
operating condition by the industrial user at the industrial user's
expense. All devices used to measure wastewater flow and quality
shall be calibrated periodically to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and easy access to
the industrial facility to be inspected and/or sampled shall be
promptly removed by the industrial user at the written or oral request
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of the Superintendent/Supervisor and shall not be replaced. The costs
of clearing such access shall be borne by the industrial user.
(5) Unreasonable delays in allowing City personnel access to the
industrial user's premises shall be a violation of this Ordinance.
(6) The City may use Digital Photography during an inspection.
7.2 Search Warrants
If the Superintendent/Supervisor has been refused access to a building,
structure or property or any part thereof, and if the
Superintendent/Supervisor has probable cause to believe that there may
be a violation to this Ordinance, or that there is a need to inspect as part of
a routine inspection program of the city designed to protect the overall
public health, safety and welfare of the community, the
Superintendent/Supervisor shall contact the City Attorney who may then
apply for an administrative search warrant from a court of competent
jurisdiction.
SECTION 8 - CONFIDENTIAL INFORMATION
Information and data on an industrial user obtained from reports, questionnaires,
permit applications, permits, and monitoring programs, and from City inspections
and sampling activities shall be available to the pubic without restriction unless
the industrial user specifically requests and is able to demonstrate to the
satisfaction of the City that the release of such information would divulge
information, processes or methods of production entitled to protection as trade
secrets under applicable State laws.
(1 ) Wastewater constituents and characteristics and other "effluent
data" as defined by 40 CFR 2.302 shall not be recognized as
confidential information and shall be available to the public without
restriction.
(2) When requested and demonstrated by the industrial user furnishing a
report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the pubic but shall be
made available immediately upon request to governmental
agencies for uses related to this ordinance, the National Pollutant
Discharge Elimination System (NPDES) program, and in enforcement
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proceedings involving the person furnishing the report.
SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT
NONCOMPLIANCE
The City shall publish annually, in a newspaper of general circulation that provides
meaningful public notice within the jurisdictions served by the POTW, a list of the
users which, at any time during the previous twelve (12) months, were in
Significant Noncompliance with applicable Pretreatment Standards and
Requirements. The term Significant Noncompliance shall be applicable to all
significant industrial users (or any other industrial user that violates paragraphs (3),
(4) or (8) of this Section) and shall mean:
(1 ) Chronic violations of wastewater discharge limits, defined here as
those in which sixty-six percent (66%) or more of all the measurements
taken for the same pollutant parameter taken during a six (6) month
period exceed (by any magnitude) a numeric Pretreatment
Standard or Requirement, including Instantaneous Limits as defined in
Section 2;
(2) Technical Review Criteria (TRC) violations, defined here as those in
which thirty-three percent (33%) or more of wastewater
measurements taken for each pollutant parameter during a six (6)
month period equals or exceeds the product of the numeric
Pretreatment Standard or Requirement including Instantaneous
Limits, as defined by Section 2 multiplied by the applicable criteria
(1 .4 for BOD, TSS, fats, oils and grease, and 1 .2 for all other pollutants
except pH);
(3) Any other violation of a Pretreatment Standard or Requirement as
defined by Section 2 (Daily Maximum, long-term average,
Instantaneous Limit, or narrative standard) that the
Superintendent/Supervisor 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;
(4) Any discharge of a pollutant that has caused imminent
endangerment to the public or to the environment, or has resulted in
the Superintendent/Supervisor exercise of its emergency authority to
halt or prevent such a discharge;
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(5) Failure to meet, within ninety (90) days of the scheduled date, a
compliance schedule milestone contained in an individual
wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
(6) Failure to provide within forty-five (45) days after the due date, any
required reports, including baseline monitoring reports, reports on
compliance with categorical Pretreatment Standard deadlines,
periodic self monitoring reports, and reports on compliance with
compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a violation of Best
Management Practices, which the Wastewater
Superintendent/Supervisor determines will adversely affect the
operation or implementation of the local pretreatment program.
SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES
This Section authorizes the development and implementation of an Enforcement
Response Plan, Industrial Sampling/Inspection Procedures Manual, and any
modifications or revisions thereof. Administration of fines for noncompliance shall
be contained in the City's Enforcement Response Procedure. These procedures
shall also establish a general guideline for establishment of a fine schedule. The
Superintendent/Supervisor is hereby authorized to adopt rules, procedures and
forms to implement the provisions of this chapter. Any user that fails to comply
with the requirements of this Ordinance and any rules adopted hereunder or
provisions of its industrial waste discharge permit may be subject to enforcement
actions as prescribed below in addition to those developed by the
Superintendent/Supervisor.
10. 1 Industrial User Violation Process
Whenever the Superintendent/Supervisor determines that a violation of this
Ordinance, any permit issued hereunder, or any order issued by the City
pursuant to this Ordinance, has occurred or is taking place, it may initiate
enforcement action as provided in this Section. In addition, any
enforcement action or remedy provided in state or federal law may be
employed. If the Superintendent/Supervisor believes a violation has
occurred or is occurring, a representative of the City shall make a
reasonable effort to notify the user of the violation. All violations including
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the first violation shall receive a written Notice of Violation, and may also
incur a monetary penalty.
(1 ) All written Notices of Violations shall describe the violation and any
potential penalty (monetary or additional pretreatment). The written
notice may further require that a response to the violation be
submitted to the City within a ten (10) day time period.
(2) If a written Notice of Violation requires submittal of a response, the
response shall include an explanation of the cause of the violation, a
plan for its satisfactory correction and prevention of future such
violations, and specific corrective or preventive actions. Submission of
this plan in no way relieves the user of liability for any violations
occurring before or after receipt of the Notice of Violation. Nothing in
this section shall limit the authority of the Superintendent/Supervisor to
initiate emergency action or other enforcement action without first
issuing a Notice of Violation.
10.2 Violation
(1 ) A violation of limitations established under this Ordinance, any
applicable federal, state or pretreatment standards, or specific
requirements of a discharge permit shall constitute a violation of this
Ordinance and shall be cause for enforcement action by the City,
including but not limited to levying of administrative penalties as
described in Section 10 regardless of the intent of the user. Each day
of a continuing violation shall constitute a separate offense for
purposes of computing the applicable penalty.
(2) Whenever the Superintendent/Supervisor finds that any industrial user
has violated or is violating this ordinance, a wastewater permit or
order issued hereunder, or any other pretreatment requirement, the
Superintendent/Supervisor shall cause to be served upon said
industrial user a written Notice of Violation. The Notice of Violation
shall be delivered to the user's premises or be sent by certified mail to
the address of the permit holder on record with the City.
10.3 Violation of Permit Parameters
(1 ) For the maximum daily allowable concentration, if the concentration
of any single sample (whether grab or a sample within a series)
exceed the limitations, a violation will have occurred.
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(2) For the monthly average allowable concentration, if the average of
all sample(s) (grab or composite) taken exceeds the limitation, a
violation will have occurred. One sample collected may constitute a
monthly average violation.
10.4 Additional Violation Parameters
A violation of this Ordinance shall also be deemed to occur:
(1 ) For noncompliance with any special reporting requirements
established by permit, written request of the City, or as specified by
general federal Pretreatment Standards (40 CFR 403.12);
(2) Pollutants prohibited by this Ordinance are discharged into the City
sewer system;
(3) Failure to apply for and obtain a permit prior to discharge of industrial
wastewater into the system.
10.5 Industrial User Notice to City of Violation
If sampling performed by an industrial user indicates a violation, the
industrial user shall notify the Superintendent/Supervisor within 24 hours of
becoming aware of the violation. The user shall also resample and report
the results within 30 days of becoming aware of violation pursuant to 40 CFR
403.12(g)(2). Resampling must continue until it is evident that the discharge
is within compliance.
10.6 Consent Order
The Superintendent/Supervisor may enter into Consent Orders, assurance of
voluntary compliance, or other similar documents establishing an
agreement with an industrial user not in compliance with any permit
parameter or provision of this ordinance. Such order will include specific
action to be taken by the industrial user to correct the noncompliance
within a time period also specified by the Order. Consent Orders shall have
the same force and effect as administrative orders and upon issuance,
such orders shall be judicially enforceable. Use of a Consent Order shall not
be a bar against, or prerequisite for, taking any other action against the
user.
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10.7 Show Cause Hearing
The Superintendent/Supervisor may order any user which causes or
contributes to violation(s) of this ordinance, wastewater permits or order
issued hereunder or any other pretreatment requirement, to appear before
the Superintendent/Supervisor and show cause why a proposed
enforcement action should not be taken. Notice shall be served on the
industrial user specifying the time and place for the hearing, the proposed
enforcement action, the reasons for such action, and an order that the
industrial user show cause why this proposed enforcement action should
not be taken.
The notice of the hearing shall be served personally or by registered mail
(return receipt requested) at least ten (10) days prior to the hearing. Such
notice may be served on any authorized representative of the industrial
user. Whether or not the industrial user appears at the hearing, the
Superintendent/Supervisor may pursue enforcement action following the
hearing date. A show cause hearing shall not be a bar against, or
prerequisite for, taking any other action against the user.
10.8 Compliance Orders
When the Superintendent/Supervisor finds that an industrial user has
violated or continues to violate the ordinance, permits or orders issued
hereunder, or any other pretreatment requirement, an order may be issued
to the user directing that, following a specific time period, sewer service
shall be discontinued unless adequate treatment facilities, devices, or other
related appurtenances are installed and properly operated. Compliance
Orders may also contain such other requirements as might be reasonably
necessary and appropriate to address the noncompliance, including
additional self-monitoring, and management practices designed to
minimize the amount of pollutants discharged to the sewer.
In addition to such Compliance Orders, the Superintendent/Supervisor may
require additional self-monitoring for at least ninety (90) days after
consistent compliance has been achieved, after which time the self-
monitoring conditions in the discharge permit shall control. Issuance of a
Compliance Order shall not be a bar against, or prerequisite for, taking any
other action against the user.
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10.9 Cease and Desist Orders
When the Superintendent/Supervisor finds that an industrial user has
violated or continues to violate this ordinance, any permit or order issued
hereunder, or any other pretreatment requirement, the
Superintendent/Supervisor may issue an order to the industrial user directing
it to cease and desist all such violations and directing the user to:
(1 ) Immediately comply with all requirements.
(2) Take such appropriate remedial or preventative action as may be
needed to properly address a continuing or threatened violation,
including halting operations and/or terminating the discharge.
10. 10 Administrative Fines
(1 ) When the Superintendent/Supervisor finds that a user has violated, or
continues to violate, any provision of this ordinance, a wastewater
discharge permit or order issued hereunder, or any other
Pretreatment Standard or requirement, the Superintendent/Supervisor
may fine such user in an amount not to exceed two thousand five
hundred dollars ($2,500.00). Such fines shall be assessed on a per
violation, per day basis. In the case of monthly or long term average
discharge limits, fines shall be assessed for each day during the
period of violation.
(2) Unpaid charges, fines and penalties shall, after thirty (30) calendar
days, be assessed an additional penalty of twenty percent (20%) of
the unpaid balance, and interest shall accrue thereafter at a rate of
seven percent (7%) per month. A lien against the user's property will
be sought for unpaid charges, fines, and penalties.
(3) Industrial users desiring to dispute such fines must file a written request
for the Superintendent/Supervisor to reconsider the fine along with full
payment of the fine amount within fifteen (15) days of being notified
of the fine. Where a request has merit, the Superintendent/Supervisor
may convene a hearing on the matter. In the event the user's
appeal is successful, the payment, together with any interest
accruing thereto, shall be returned to the industrial user. The
Superintendent/Supervisor may add the cost of preparing
administrative enforcement actions, such as notices and orders, to
the fine.
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(4) Issuance of an administrative fine shall not be a bar against, or a
prerequisite for, taking any other action against the user.
10. 11 Emergency Suspensions
The Superintendent/Supervisor may immediately suspend an industrial user's
discharge and the industrial user's wastewater discharge permit, after
informal notice to the industrial user, whenever such suspension is necessary
in order to stop an actual or threatened discharge which reasonably
appears to present or cause an imminent or substantial endangerment to
the health or welfare of persons. The Superintendent/Supervisor may also
immediately suspend an industrial user's discharge and the industrial user's
wastewater discharge permit, after notice and opportunity to respond, that
threatens to interfere with the operation of the municipal wastewater
treatment system, or which presents or may present an endangerment to
the environment.
(1 ) Any industrial user notified of a suspension of its wastewater permit
shall immediately stop or eliminate its contribution. In the event of an
industrial user's failure to immediately comply voluntarily with the
suspension order, the Superintendent/Supervisor shall take such steps
as deemed necessary, including immediate severance of the sewer
connection, to prevent or minimize damage to the system, its
receiving stream, or endangerment to any individuals. The
Superintendent/Supervisor shall allow the industrial user to
recommence its discharge when the user has demonstrated to the
satisfaction of the Superintendent/Supervisor that the period of
endangerment has passed, unless the termination proceedings set
forth in Section 10.12 are initiated against the user.
(2) An industrial user which is responsible, in whole or in part, for any
discharge presenting imminent endangerment shall submit a
detailed written statement describing the causes of the harmful
contribution and the measures taken to prevent any future
occurrence to the Superintendent/Supervisor prior to the date of any
show cause or termination hearing under Section 10.7 and 10.12.
10. 12 Termination of Permit
In addition to those provisions in Section 5.6 of this Ordinance, any industrial
user which violates the following conditions of this Ordinance, wastewater
permit, or orders issued hereunder is subject to permit termination:
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(1 ) Violation of permit conditions;
(2) Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3) Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge;
(4) Refusal of reasonable access to the industrial user's premises for the
purpose of inspection, monitoring or sampling;
(5) Slug loads causing interference, pass through, or damage to human
health, the environment, or the municipal wastewater system;
(6) When the facility serviced by the sanitary sewer system is occupied
prior to a Certificate of Occupancy being issued;
(7) When the facility served by the sanitary sewer system does not
comply with the provisions of the City's "Construction Standards for
Public Works Facilities";
(8) When the facility served by the sanitary sewer system does not
comply with a condition of approval issued by the City Council,
Planning Commission, or Site and Design Review Committee;
(9) When the facility served by the sanitary sewer system is improperly
connected to a City utility system or is connected without obtaining
the required approvals or without paying the required fees and
charges;
(10) When a user fails to immediately comply with an Administrative Order
requiring the immediate halting or elimination of discharge.
Non-complying industrial users shall be notified of the proposed termination
of their wastewater permit and be offered an opportunity to show cause
under Section 10.7 of this ordinance why the proposed action should not be
taken.
SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES
11. 1 Injunctive Relief
Whenever an industrial user has violated, threatens to violate, or continues
to violate the provisions of this ordinance, permits or orders issued
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hereunder, or any other pretreatment requirements, the
Superintendent/Supervisor may petition the courts for the issuance of a
temporary or permanent injunction, as may be appropriate, which restrains
or compels the specific performance of the wastewater permit, order, or
other requirement imposed by this ordinance on activities of the industrial
user. Such other action as may be appropriate for legal and/or equitable
relief may also be sought by the City. The Municipal Court shall grant an
injunction without requiring a showing of a lack of an adequate remedy at
law.
11.2 Civil Penalties
Any industrial user which has violated or continues to violate this Ordinance,
any order or permit hereunder, or any other pretreatment requirement shall
be liable to the City for a maximum civil penalty of two thousand five
hundred dollars ($2,500) per violation per day. In the case of a monthly or
other long term average discharge limit, penalties shall accrue for each
calendar day during the period of this violation.
(1 ) The Municipal Court may award reasonable attorney fees, court
costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any
actual damages incurred by the City.
(2) In determining the amount of civil penalty, the Municipal Court shall
take into account all relevant circumstances, including, but not
limited to, the extent of harm caused by the violation, corrective
actions by the industrial user, economic benefit to the user of
noncompliance, the compliance history of the user, and any other
factors as justice requires.
(3) Where appropriate, the City may accept mitigation projects in lieu of
the payment of civil penalties where the project provides a valuable
service to the City and the industrial user's expense in undertaking the
project is at least one hundred and fifty percent (150%) of the civil
penalty.
11.3 Criminal Prosecution
Any industrial user who willfully or negligently violates any provisions of the
ordinance, any orders or permits issued hereunder, or any other
pretreatment requirement shall, upon conviction, be guilty of a
misdemeanor, punishable by a fine of not more than two thousand five
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hundred dollars ($2,500) per violation per day or imprisonment for not more
than (1 ) one year, or both.
(1 ) Any industrial user who knowingly makes any false statement,
representations or certification in any application, record, report,
plan or other documentation filed or required to be maintained
pursuant to the ordinance or wastewater permit, or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device
or method required under this ordinance shall, upon conviction, be
punished by a fine of not more than two thousand five hundred
dollars ($2,500) per violation per day or imprisonment for not more
than (1 ) one year, or both.
(2) In the event of a second conviction, the industrial user shall be
punishable by a fine not to exceed five thousand dollars ($5,000) per
violation per day or imprisonment for not more than (3) three years, or
both.
11.4 Remedies Nonexclusive
(1 ) A City Enforcement Response Plan will be developed by the
Superintendent/Supervisor, in accordance with 40 CFR section 403.8
and submitted to the City Public Works Director for approval. The
Superintendent/Supervisor will implement the plan after receiving
approval from the City Attorney.
(2) The remedies provided for in this ordinance are not exclusive. The
Superintendent/Supervisor may take any, all, or any combination of
these actions against a noncompliant industrial user. Enforcement of
pretreatment violations will be in accordance with the City of
Woodburn's Enforcement Response Plan, however, the
Superintendent/Supervisor may take other action against any
industrial user when the circumstances warrant. Further, the
Superintendent/Supervisor is empowered to take more than one
enforcement action against any noncompliant industrial user.
SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTIONS
12. 1 Performance Bonds
The Superintendent/Supervisor may decline to reissue a permit to any
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industrial user which has failed to comply with the provisions of this
ordinance, any orders, or a previous permit issued hereunder unless such
user first files a satisfactory bond, payable to the City, in a sum not to
exceed a value determined by the Superintendent/Supervisor to be
necessary to achieve consistent compliance.
12.2 Liability Insurance
The Superintendent/Supervisor may decline to reissue a permit to any
industrial user which has failed to comply with the provisions of this
Ordinance, any orders, or a previous permit issued hereunder, unless the
industrial user first submits proof that it has obtained financial assurance
sufficient to restore or repair damage to the municipal wastewater system
caused by its discharge.
12.3 Water Supply Severance
When an industrial user has violated the provisions of this Ordinance, orders,
or permits issued hereunder, water service to the industrial user may be
severed by the City and service will only recommence, at the industrial
user's expense, after it has satisfactorily demonstrated its ability to comply.
12.4 Public Nuisance
Any violation of the prohibitions or effluent limitations of this Ordinance,
permits, or orders issued hereunder is hereby declared a public nuisance
and shall be corrected or abated as directed by the City Public Works
Director or his designee. Any person(s) creating a public nuisance shall be
subject to the provisions of the City Ordinance # 2338 governing such
nuisance, including reimbursing the City for any costs incurred in removing,
abating or remedying said nuisance.
12.5 Contractor Listing
Subject to other applicable law, industrial users which have not achieved
consistent compliance with applicable Pretreatment Standards and
requirements are not eligible to receive contract awards for the sale of
goods or services to the City.
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SECTION 13 .. AFFIRMATIVE DEFENSES TO DISCHARGE
VIOLATIONS
13. 1 Affirmative Defenses
A user shall have an affirmative defense in any action brought against it
alleging a violation of the general prohibitions, specific prohibitions and this
Ordinance, where the user can demonstrate the requirements established
in 40 CFR 403.5 (a)(2).
13.2 Upset
(1 ) For the purpose of this section, "upset" means an exceptional incident
in which there is unintentional and temporary noncompliance with
categorical pretreatment standards because of factors beyond the
reasonable control of the 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.
(2) An upset shall be an affirmative defense to an enforcement action
brought for noncompliance with categorical Pretreatment Standards
and requirement if the following conditions are met:
(3) A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating
logs, or other relevant evidence that:
A. The industrial user can identify the cause of the upset;
B. The facility was operating in a prudent and workman-like manner
at the time of the upset and was in compliance with applicable
O&M procedures; and
C. The industrial user submits the following information to the
Superintendent/Supervisor within 24 hours of becoming aware of
the upset. If this report is given orally, the user must also submit a
written report containing such information within five (5) days
unless waived by the Superintendent/Supervisor:
i) A description of the discharge and its causes of
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Ordinance No. 2556
noncompliance;
ii) The period of noncompliance including exact dates and time
or, if not corrected, the anticipated time the noncompliance is
expected to continue;
iii) Steps being taken and/or planned to reduce, eliminate and
prevent recurrence of the noncompliance.
(4) In any enforcement proceeding, the industrial user seeking to
establish the occurrence of an upset shall have burden of proof.
(5) Industrial users will have the opportunity for judicial determination on
any claim of upset only in an enforcement action for noncompliance
with categorical pretreatment standards.
(6) Industrial users shall control production of all discharges to the extent
necessary to maintain compliance with categorical 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.
13.3 General/Specific Prohibitions
An industrial user shall have an affirmative defense to an enforcement
action brought against it for noncompliance with the general and specific
prohibitions in Section 2.1 first paragraph of this Ordinance or the specific
prohibitions in Sections 2.1 (2-3), (5-11 ), (13-20) of this ordinance if it can
prove that it did not know or have reasons to know that its discharge, alone
or in conjunction with discharges from other sources would cause pass
through or cause interference and that either: (a) a local limit exists for
each pollutant discharged and the user was in compliance with each limit
directly prior to and during the pass through or interference, or (b) no local
limit exists, but the discharge did not change substantially in nature or
constituents from the industrial user's prior discharge when the City was
regularly in compliance with its NPDES permit, and in the case of
interference, in compliance with applicable sludge use or disposal
requirements.
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Ordinance No. 2556
13.4 Bypass
(1 ) For the purposes of this section,
A. "Bypass" means the intentional diversion of waste streams from
any portion of a user's treatment facility.
B, "Severe property damage" means substantial physical damage
to property, damage to the treatment facilities which causes
them to become inoperable, or substantial and permanent loss
of natural resources which 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.
(2) A 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 A, B and C of
this section.
A. If a user knows in advance of the need for a bypass, it shall
submit prior notice to the Superintendent/Supervisor, at least
ten (10) days before the date of the bypass, if possible.
B. A user shall submit oral notice to the Superintendent/Supervisor
of an unanticipated bypass that exceeds applicable
Pretreatment Standards within twenty-four (24) hours from the
time it becomes aware of the bypass. A written submission shall
also be provided within five (5) days of the time the user
becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause; the duration
of the bypass, including exact dates and times, and if the
bypass has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the bypass. The
Superintendent/Supervisor may waive the written report on a
case-by-case basis if the oral report has been received within
twenty-four (24) hours.
C. Bypass is prohibited, and the Superintendent/Supervisor may
take an enforcement action against a user for bypass, unless
i) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
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Ordinance No. 2556
ii) There were no feasible alternatives to the bypass, such as
the use of auxiliary treatment facilities, retention of
untreated waste, or maintenance during normal periods
of equipment downtime. This condition is not satisfied if
adequate backup 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 preventive
maintenance; and
iii) The user submitted notices required under section 13.2
(3) paragraph C.
D. The Superintendent/Supervisor may approve an anticipated
bypass, after considering its adverse effects, if the
Superintendent/Supervisor determines that it will meet the three
conditions listed in section 13.4 (2) paragraph C of this section.
SECTION 14 - MISCELLANEOUS PROVISIONS
14. 1 Pretreatment Charges and Fees
The City may adopt reasonable charges and fees for reimbursement of
costs of setting up and operating the City's Pretreatment Program which
may include:
(1 ) Fees for permit applications including the cost of processing such
applications;
(2) Fees for monitoring, inspection and surveillance procedures including
the cost of reviewing monitoring reports submitted by industrial users;
(3) Fees for reviewing and responding to accidental discharge
procedures and construction;
(4) Fees for filing appeals;
(5) Other fees as the City may deem necessary to carry out the
requirements contained herein. These fees relate solely to the matters
covered by this Ordinance and are separate from all other fees, fines
and penalties chargeable by the City.
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Ordinance No. 2556
14.2 Severability
If any provision of this Ordinance is invalidated by any court of competent
jurisdiction, the remaining provisions shall not be affected and shall
continue in full force and effect.
14.3 Conflicts with other Ordinances
To the extent that an inconsistency exists between the terms of this
ordinance and another existing ordinance, this ordinance shall be deemed
to preempt the other ordinance and the terms of this Ordinance shall
control.
SECTION 15 - Repeal of Prior Ordinance
Ordinance 2176 is repealed and replaced by this Ordinance.
Approved as to form:
q). 2 l -z
City Attorney Dat
Approved: -
thryn l4Myor
Passed by the Council C
Submitted to the Mayor "
Approved by the Mayor L Z P I
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
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Ordinance No. 2556