Ord 2176 - Sewer Use Ordinance
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SEWER USE ORDINANCE
August 26, 1996
COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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SEWER ISE ORDINANCE
August 26, 1996
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CONTENTS
ORDINANCE
PAGE
SECTION I GENERAL PROVISIONS
1.1 Purpose and Policy
1.2 Administration
1.3 Definitions
1.4 Abbreviations
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5
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SECTION 2 GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards
2.2 Federal Categorical Pretreatment Standards
2.3 State Requirements
2.4 "Local Limits" Specific Pollutant Limitations
2.5 City's Right to Revision
2.6 Special Agreement
2.7 Dilution
2.8 Deadline for Compliance with Categorical Standards
2.9 Inflow and Infiltration
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SECTION 3 PRETREATMENT OF WASTEWATER
3.1 Pretreatment Facilities
3.2 Additional Pretreatment Measures
3.3 Spill Prevention
3.4 Tenant Responsibility
3.5 Separation of Domestic and Industrial Wastewater
3.6 Hauled Wastewater
3.7 Vandalism
3.8 Grease Interceptors
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SECTION 4 WASTEWATER PERMIT ELIGIBILITY
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f 4.3
4.4
4.5
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4.8
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Wastewater Survey
Wastewater Permit Requirement
Permitting Existing Connections
Permitting New Connections
Permitting Extra-Jurisdictional Industrial Users
Wastewater Permit Application Contents
Application Signatories and Certification
Wastewater Permit Decision
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SECTION 5 WASTEWATER PERMIT ISSUANCE PROCESS
5.1 Wastewater Permit Duration 31
5.2 Wastewater Permit Contents 31
5.3 Wastewater Permit Appeals 33
5.4 Wastewater Permit Modifications 34
5.5 Wastewater Permit Transfer 35
5.6 Wastewater Permit Revocation 35
5.7 Wastewater Permit Reissuance 36
5.8 Regulation of Wastewater Received from other Jurisdictions 36
SECTION 6 REPORTING REQUIREMENTS
6.1 Baseline Monitoring Reports
6.2 Compliance Schedule Progress Reports
6.3 Reports on Compliance with Categorical Pretreatment
Standard Deadline
6.4 Periodic Compliance Reports
6.5 Report of Changed Conditions
6.6 Reports of Potential Problems
6.7 Reports from Unpermitted Users
6.8 Sample Collection
6.9 Analytical Requirements
6.10 Monitoring Charges
6.11 Timing
6.12 Record Keeping
6.13 Reporting of Additional Monitoring
6.14 Notification of Significant Production Change
6.15 Notification of the Discharge of Hazardous Waste
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SECTION 7 COMPLIANCE
7.1 Inspection and Sampling
7.2 Search Warrants
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SECTION 8 CONFIDENTIAL INFORMATION
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SECTION 9 PUBLICATION OF USERS IN SIGNIFICANT
NONCOMPLIANCE
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SECTION 10 ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1 Industrial User Violation Process
10.2 Violation
10.3 Violation of Permit Parameters
10.4 Additional Violation Parameters
10.5 IU Notice to City of Violation
10.6 Consent Orders
10.7 Show Cause Hearing
10.8 Compliance Orders
10.9 Cease and Desist Orders
10.10 Administrative Fines
10.11 Emergency Suspensions
10.12 Termination of Permit
SECTION 11 JUDICIAL ENFORCEMENT REMEDIES
11.1 Injunctive Relief
11.2 Civil Penalties
11.3 Criminal Prosecution
11.4 Remedies Nonexclusive
SECTION 12 SUPPLEMENTAL ENFORCEMENT ACTION
12.1 Performance Bonds
12.2 Liability Insurance
12.3 Water Supply Severance
12.4 Public Nuisance
12.5 Contractor Listing
SECTION 13 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION
13.1 Affirmative Defenses
13.2 Upset
13.3 General/Specific Prohibitions
13.4 Bypass.
SECTION 14 MISCELLANEOUS PROVISIONS
14.1 Pretreatment Charges and Fees
14.2 Severability
14.3 Conflicts with other Ordinances
14.4 Emergency Clause
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COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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 DECLARING AN EMERGENCY.
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SECTION 1 - GENERAL PROVISIONS
1.1 Purpose and Policv
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) Chapter 340. 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 sludge is
maintained at a level which allows it's beneficial use;
(4) To protect both municipal personnel who may come into contact with
sewage, sludge 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 system;
(6) To improve the opportunity to recycle and reclaim wastewater and sludge
from the system;
COUNCIL BILL NO. 1748
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(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, sludge use
and disposal requirements anp any other Federal or State lavvs which the
municipal wastewater system is subject.
This ordinance provides for the regulation of direct and indirect discharge to the
municipal wastewater collection 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.
1.2 Administration
Except as otherwise provided herein, the Superintendent shall administer,
implement and enforce the provisions of this ordinance. Any powers granted to
or duties imposed upon the Superintendent may be delegated by the City
Engineer or Superintendent 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 know as
the Clean Water Act, as amended, 33 U.S.C.1251 et ~
(2) Approval Authority. The Oregon Department of Environmental Quality
(DEQ)
(3) Authorized Representative of the Industrial User.
A.
If the industrial user is a corporation, authorized representative
shall mean:
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ORDINANCE NO. 2176
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i) The president, secretary, or 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
ii) The manager of one or more manufacturing, production, or
operation facilities employing more than 250 persons or
having gross annual sales or expenditures exceeding $25
million (in second-quarter 1980 dollars), if authority to sign
documents has been assigned or delegated ld the manager
in accordance with corporate procedures.
B.
If the industrial user is a partnership, association, or sole
proprietorship, an authorized representative shall mean a general
partner or the proprietor.
C. If the individual user is representing Federal, State or local
governments, or an agent thereof, an authorized representative
shall mean a director or highest official appointed or designated to
oversee the operation and performance of the activities of the
government facility.
D. The individuals described in subsections A-C above may designate
another 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 company, and the authorization is submitted to the City.
(4) Biochemical Oxvaen Demand (BOD) The quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory
procedure, five (5) days at 20' centigrade expressed in terms of weight
and concentration (milligrams per liter mgll).
(5) Buildina Sewer. A sewer conveying wastewater from the premises of a
user to the POTW.
(6) Cateaorical Pretreatment Standard or Cateaorical 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.
COUNCIL BILL NO. 1748
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(7) Citv. 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.
(8) Citv Enaineer. The City Engineer (Public Works Director) of the City of
Woodburn, Oregon, or his duly authorized agent(s).
(9) Color The optical density at the visual wave length of maximum
absorption, relative to distilled water. One hundred .percent (100%)
transmittance is equivalent to zero (0.0) optical density.
10) Comoosite Samole. The sample resulting from the combination of
individual wastewater samples taken at selected intervals based on either
an increment of flow or time.
11) Control Authoritv. The term "Control Authority" shall refer to the
Superintendent once the City has a pretreatment program approved by
Oregon DEQ according to the provisions of 40 CFR 403.11.
12) Continuina Violation. Each day a violation occurs may be considered as
a separate violation.
13) Coolina Water. The water discharged from any use such as air
conditioning, cooling or refrigeration, to which the only pollutant added is
heat.
14) Deoartment of Environmental Qualitv 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.
15) Discharae. 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.
16) Environmental Protection Aaency or U.S. EPA. The U.S. Environmental
Protection Agency or, where appropriate, the term may also be used as a
designation for the Regional Water Management Division Director or
other duly authorized official of said agency.
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17) Existina Source. Any source of discharge, the construction or operation
of which commenced prior to the publication of proposed categorical
pretreatment standarps 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 aCCQrdance with Section 307 of the Act.
18) Grab Sample. A sample which is taken from a wastestream on a one-time
basis without regard to the flow in the wastestream and without
consideration of time.
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19) Holdina Tank Waste. Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank
trucks.
20) Industrial User. Any person which is a source of discharge.
21) 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 in accordance with Section 1.3 (47) of this ordinance.
22) Industrial Waste Water. A non-domestic wastewater originating from a
nonresidential source.
23) 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.
24) 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.
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25) Interference. A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
A
Inhibits or disrupts the municipal wastewater system, its treatment
processes or operations, or its sludge processes; use or disposal;
and
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ORDINANCE NO. 2176
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B. Therefore is a cause of a violation of any requirements of the
NPDES permit (including an increase in the magnitude or duration
of a violatioo) or of the prevention of sewage sludge use or
disposal in compliance with the following statutory provisions and
regulations or permits, issued thereunder (or more stringent State
or local regulations): Section 405 of the Clean Water Act, the Solid
Waste Disposal Act (SWDA) (including Title II, more commonly
referred to as the Resource Conservation and Recovery Act
(RCRA), and including State regulations contained in any State
sludge management plan prepared pursuant to Sebtitle D of the
SWDA), the Clean Air Act, the toxic Substances Control Act, and
the Marine Protection research and Sanctuaries Act.
26) Local Limits I Specific Pollutant Limitations. Enforceable local
requirements developed by POTWs to address federal standards as well
as state and local regulations.
27) 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.
28) 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 deyices 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.
29) National Pretreatment Standard. National pretreatment standard is
defined in 40 CFR 403.3 OJ 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 general and
specific prohibition found in 40 CFR 403.5.
30) 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
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ORDINANCE NO. 2176
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accordance with that section, provided that:
i) The buiLding, structure, facility or installation is constructed
at a site at which no other source is located; or
ii) The building, structure, facility or installation completely
replaces the process or production equipment that causes
the discharge of pollutants at an existing source; or
iii) The production or wastewater generating proeesses 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 (i), (ii), (iii) 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,
excayation, or removal of existing buildings,
structures, or facilities which is necessary for the
placement, assembly, or installation of new sources
facilities or equipment; or
ji)
Entered into a binding contractual obligation for the
purchase of facilities or equipment which are intended to be
COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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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 oblig~tion under this paragraph.
31) Non-domestic 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, . !)(lor).
32) Pass ThrouQh. 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 Yiolation of any requirement of the City's NPDES (including an
increase in the magnitude or duration of a violation).
33) 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 representatiyes, agents or
assigns. This definition includes all Federal, state, or local governmental
entities.
34) Q!i. The logarithm (base 10) of the reciprocal of the hydrogen ion
concentration expressed in moles per liter of solution.
35) Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical wastes,
industrial wastes, biological materials, radioactiye materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt and agricultural
wastes, anything that contaminates.
36) 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.
37) Pretreatment Reauirement. Any substantiye or procedural requirements
related to pretreatment, other than national pretreatment standards,
imposed on an industrial user.
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38) Pretreatment Standards or Standards. Pretreatment standards shall
mean prohibited discharge standards, categorical pretreatment standards,
and local limits.
39) Prohibited Discharae Standard or Prohibited Discharaes. Absolute
prohibitions against the discharge of certain types or characteristics of
wastewater as established by EPA, DEQ and/or the Superintendent.
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40) Receivina Stream or Water 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 priyate, which are contained within, flow through, or border upon
the State of Oregon or any portion thereof.
41) Domestic Sewaae. Human excrement and gray water (household
showers, dish washing operations, etc.)
42) Sianificant Industrial User.
A. Except as proyided in paragraph B of this section the term
Significant Industrial User means:
i) All industrial users subject to categorical pretreatment
standards under 40 CFR 403.6 and 40 CFR chapter I,
subchapter N; and
ii)
Any other industrial user that: discharges an ayerage 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 wastestream
which makes up 5 percent or more of the ayerage dry
weather hydraulic or organic capacity of the POTW
treatment plant; or is designated as such by the Control
Authority as defined in 40 CFR 403.12(a) on the basis that
the industrial user has a reasonable potential for adversely
affecting the POTWs operation or for Yiolating any
pretreatment standard or requirement (in accordance with
40 CFR 403.8(f)(6).
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ORDINANCE NO. 2176
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B. Upon a finding that an industrial user meeting the criteria in
paragraph A. (ii) 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 403.12(a)) may at any
time, on its own initiative or in response to a petition received from
an industrial user or POTW, and in accordance with 40 CFR
403.8(f)(6), determine that such industrial user is not a significant
industrial user. ,~
43) SluQ Load. Any pollutant (including BOD) released in a non-routine,
episodic, or non-customary batch discharge at a flow rate or
concentration which has the potential to cause a violation of the specific
discharge prohibitions in Section 2 of this Ordinance.
44) State. State of Oregon
45) Storm Water. Any flow occurring during or following any form of natural
precipitation and resulting therefrom, including snow melt.
46) Suspended Solids or Total Suspended Solids (TSSl. The total
suspended matter that floats on the surface of, or is suspended in, water,
wastewater, or other liquid, and which is remoyable by laboratory filtering.
47) Superintendent. The person designated by the City to supervise the
operation of the municipal wastewater system and who is charged with
certain duties and responsibilities by this article or his duly authorized
representative.
48) 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.
49) Treatment Plant. That portion of the municipal wastewater system
designed to provide treatment of sewage and industrial waste.
50) Treatment Plant Effluent. Any discharge of pollutants from the municipal
wastewater system into waters of the state.
51) 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.
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52) Violation. Shall have occurred when any requirement of this ordinance
has not been met; or ~en a written request of the Superintendent, 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.
53) 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.
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.
AbbreYiations
The following abbreviations shall have the designated meanings:
Biochemical Oxygen Demand
Code of Federal Regulations
Chemical Oxygen Demand
Oregon Department of Environmental Quality
U,S. Environmental Protection Agency
Gallons Per Day
Lethal Concentration for Fifty Percent (50%)
of the Test Organisms
I Liter
mg Milligrams
mgll Milligrams per liter
NPDES National Pollutant Discharge Elimination System
O&M Operation and Maintenance
POTW Publicly Owned Treatment Works
RCRA Resource Conservation and Recoyery Act
SIC Standard Industrial Classification
SWDA Solid Waste Disposal Act (42 U.S.C, 6901, et
sea.
Total Suspended Solids
United States Code
BOD
CFR
COD
DEQ
EPA
gpd
LCso
TSS
USC
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SECTION 2 - GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited DischarQe Standards
No user shall contribute or cause to be contributed, directly or indirectly, any
pollutant or wastewater which will cause interference or pass through. These
general prohibitions apply to all users of the municipal wastewater system
whether or not the user is subject to categorical pretreatment standards or any
other National, State or local pretreatment standards or '~quirements.
Furthermore, no user shall contribute the following substances to the system:
(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
wastestreams with a closed cup flash point of less than 1400 F (600 C)
using the test methods prescribed in 40 CFR 261.21.
(2) Solid or yiscous substances in amounts which will cause interference with
the flow in a sewer but in no case solids greater than one half inch (1f2')
(1.27 centimeters) in any dimension.
(3)
Any fat, oils or greases, including but not limited to petroleum oil, non-
biodegradable cutting oil, or products of mineral oil origin, in amounts that
will cause interference or pass through.
(4)
Any wastewater from a grab sample haYing a pH less than 5.5 su. or more
than 10.0 su., or which may otherwise cause corrosiyestructural 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 suo
exceeds 16 hours in any calendar month. In no case shall the pH fall
below 5,0 suo or aboye 12.5 SUo
B. No indiyidual excursion from pH range of 5.5 suo to 10.0 suo shall
exceed 60 minutes for any single duration. In no case shall the pH fall
below 5.0 suo or above 12.5 suo
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COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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(5 Any wastewater containing pollutants in sufficient quantity (flow or
concentration), eithe~ singly or by interaction with other pollutants, to pass
through or interfere with the municipal wastewater system, any
wastewater treatment or sludg~ process, or constitute a hazard to humans
or animals.
(6) 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.tct prevent entry
into the sewers for maintenance and repair.
(7) 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.
(8) 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.
(9) Any wastewater having temperature greater than 1500 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 (400 C).
(10) Any wastewater containing any radioactiye waste or isotopes except as
specifically approved by the Superintendent in compliance with applicable
State and Federal regulations.
(11) Any pollutants which result in the presence of toxic gases, yapor or fumes
within the system in a quantity that may cause worker health and safety
problems.
COUNCIL BILL NO. 1748
Page 16 ORDINANCE NO. 2176
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(12) Any hauled pollutants, except at discharge points designated by the City
in accordance with Section 3.6 of this Ordinance.
(13) Storm water, surface water, groundwater, artisan well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, deionized
water, cooling water and unpolluted industrial wastewater, unless
specifically authorized by the Superintendent.
(14) Any sludge, screening, or other residues from the pretreatment of
industrial wastes. '.~
(15) Any medical wastes, except as specifically authorized by the
Superintendent in a wastewater permit.
(16) Any material containing ammonia, ammonia salts, or other chelating
agents which will produce metallic complexes that interfere with the
municipal wastewater system.
(17) Any material identified as hazardous waste according to 40 CFR Part 261
except as specifically authorized by the Superintendent.
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(18) Any wastewater causing the treatment plant effluent to demonstrate
toxicity to test species during a bio-monitoring evaluation.
(19) Recognizable portions of the human body or animal anatomy.
(20) Any wastes containing detergents, surface actiye agents, or other
substances which may cause excessive foaming in the municipal
wastewater system.
Waste prohibited by this section shall not be processed or stored in such a
manner that these waste could be discharged to the municipal wastewater
system.
i 2.2 Federal Cateaorical Pretreatment Standards
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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.
Page 17
COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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(1) Where a categorical pretreatment standard is expressed only in terms of
either the mass or the concentration of a pollutant in wastewater, the
Superintendent may. impose equiyalent concentration or mass limits in
accordance with 40 CFR 403.6(c)
(3) When wastewater subject to ~ categorical pretreatment standard is mixed
with wastewater not regulated by the same standard, the Superintendent
shall impose an alternate limit using the combined wastestream 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.
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 Superintendent. The more
stringent of either the categorical standards or the specific pollutant limitations
"Local Limits" for a giyen pollutant will be placed in the permit.
The Superintendent 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 Superintendent mass or permit specific
limitations may be imposed in addition to or in place of the concentration based
limitations referenced above.
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COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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2.5 City's Riaht to ReYision
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 Aareement
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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 yariance from the categorical pretreatment standard from US
EPA. Such a request shall be approyed only if the user can proye 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 different factor yariance must comply with the
procedural and substantive provisions in 40 CFR 403.13.
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2.7
Dilution
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No user shall eyer 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
achieye 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 Cateaorical Standards
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Compliance by existing sources with categorical pretreatment standards shall be
within three (3) years of the date the standard is effectiye unless a shorter
compliance time is specified in the appropriate subpart of 40 CFR Chapter I
Subchapter N.
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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.
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COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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2.9 Inflow and Infiltration
All property owners and responsible users identified by the City as contributors
to excessiye or improper infiltration or inflow into the treatment works shall be
adyised 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 ir.lprogress, and
describe the actions being taken.
A property owner failing to notify the City of correctiye 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.
In the event any instance of excessive infiltration or inflow into the treatment
works of the City shall continue beyond the 180-day grace period, it is hereby
declared that such continuing infiltration or inflow is a public nuisance, that the
City Engineer shall haye 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. The City Engineer shall assess the cost of such abatement to the
property from which infiltration and inflow occurs. An administration fee of
$350.00 dollars or 5% of the cost, whicheyer is greater, shall be assessed by the
City Engineer 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. The City Recorder shall enter the
assessment as a lien against such property in the Lien Docket of the City.
No new connections from inflow sources into the water pollution control facilities
shall be permitted without the approval of the City Engineer.
Page 20
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ORDINANCE NO. 2176
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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
aboye, within the time limitations specified by the Superintendent. Any facilities
required to pretreat wastewater to a leyel acceptable to the City shall be
proYided, operated, and maintained at the industrial user's expetlse. 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 proYisions
of this Ordinance.
3.2 Additional Pretreatment Measures
Whenever deemed necessary, the Superintendent 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 wastestreams from industrial
wastestreams, 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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(1) Each person discharging, into the municipal wastewater system greater
than 100,000 gallons per day or greater than fiye percent (5%) of the
ayerage daily flow in the system, whicheyer is lesser, may be required by
the Superintendent 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.
A wastewater permit may be issued solely for flow equalization.
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COUNCIL BILL NO. 1748
Page 21 ORDINANCE NO.2176
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(2) Grease, oil and sand interceptors shall be provided, when, in the opinion
of the Superintendent, they are necessary for the proper handling of
wastewater contail"!ing excessiye amounts of grease, flammable
substances, sand, or other harmful substances; except that such
interceptors shall not be required for residential users. All interception
units shall be of type and capacity approyed by the Superintendent 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.
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(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
Each industrial user shall provide protection from accidental or intentional
diScharges of prohibited materials or other substances regulated by this
Ordinance. Significant Industrial users that handle, store or use prohibited or
restricted substances on their sites shall prepare a spill prevention plan for the
Superintendent's approyal within 90 days of notice. The plan shall be posted
and available for inspection at the facility during normal business hours.
(1) Spill Prevention Plan
At least once every two (2) years the Superintendent shall evaluate
industrial users that handle, store, or use prohibited or restricted
substances on their sites. The Superintendent will use the eyaluation to
determine the need for the Industrial User to deyelop a spill preyention
plan. Alternatively, the Superintendent may develop such a plan for any
user and require the plan's implementation. An accidental
discharge/sludge control plan shall address, 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 Superintendent o~ any
accidental or slug discharge, as required by Section 6.6 of this
ordinance;
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ORDINANCE NO. 2176
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i. Procedures for any person becoming aware of spill,
treatment upset or uncontrolled discharges of
prohibited or restricted substances, directly or
indirectly, into the City sewerage systems
immediately reporting such discharge to the POTW
Superintendent. Where such information is given
orally a written follow-up report within (5) fiye days
may be required.
ii. A notice informing employees of .tJile notification
requirement and containing a telephone number for
the individual to contact in the event of such a
discharge shall be posted in a conspicuous place
visible to all employees that may reasonable be
expected to observe such a discharge
D. Procedures to prevent adyerse impact from any accidental 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 solyents, and or measures and equipment for emergency
response.
Spill Preyention Facilities
Facilities to prevent the discharge of prohibited materials shall be
provided and maintained at the owner's or user's own cost and expense.
Detailed plans showing facilities and operating procedures to provide this
protection shall be submitted to the Superintendent for reyiew and shall
be approved by the Superintendent before construction of the facility.
Reyiew and approyalof such plans and operating procedures shall not
relieye the industrial user from the responsibility to modify the user's
facility as necessary to meet the requirements of this Ordinance.
COUNCIL BILL NO. 1748
ORDINANCE NO.2176
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(3) Preventive Measures
If any user has a spill or uncontrolled discharge of prohibited or restricted
substances into the City sewer, the POTW Superintendent may require
the user's spill prevention and control plan to be resubmitted, with
reYisions, in order to fully comply with the requirements of this ordinance.
The POTW may also require the industrial user to install, modify
equipment and/or make other changes necessary to preyent such
discharges as a condition of issuance of and Industrial Waste Discharge
Permit or as a condition of continued discharge into the City sewer
system. A schedule of compliance for construction completion may be
established by the POTW Superintendent.
The Superintendent may require connections or entry points which could
allow spills or uncontrolled discharges of prohibited or restricted
substances to enter the City sewer systems to be eliminated, labeled, or
controlled, so as to prevent the entry of wastes in yiolation 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 Wastestreams
All domestic wastewaters 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
haye passed through a required pretreatment system and the industrial user's
monitoring facility. When directed to do so by the Superintendent, industrial
users must separate existing domestic wastestreams.
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, proYided such wastes do not
contain toxic or hazardous pollutants, and proYided 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.
Page 24
COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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(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. The Superintendent
shall haye al,lthority to prohibit the disposal of such wastes, if such
disposal would interfere with the treatment plant operation.
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(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 preyent 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. below.
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3.8 Grease Interceptors
The City may inspect grease interceptors (I.e., traps, oillwater separators) to
insure 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.
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(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 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.
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COUNCIL BILL NO. 1748
Page 25 ORDINANCE NO. 2176
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SECTION 4 - WASTEWATER PERMIT ELIGIBILITY
4.1 Wastewater Survey
When requested by the Superint~ndent all industrial users must submit
information on the nature and characteristics of their wastewater by completing a
wastewater survey prior to commencing their discharge. The Superintendent 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 yiolation of this ordinance and subjects the industr.ial user to the
sanctions set out in Section 10.
4.2 Wastewater Permit Reauirement
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. 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 may require other non-domestic
users, including liquid waste haulers, to obtain waste water permits as necessary
to carry out the purposes of this chapter.
,.
4.3 Permittina Existina Connections
"-
Any significant industrial user, without a current industrial 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 Mure, shall, within ninety (90) days after said date, apply to the City for a
wastewater permit in accordance with Section 4.6 below, 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.
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4.4 Permittina New Connections
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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.
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COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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4.5 Permittina 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 ninety (90) days prior to any proposed discharge into the
municipal system. Upon reyiew of such application, the Superintendent may
enter into a contract with the industrial user which requires the iA>Justrial user to
subject itself to and abide by this Chapter, including all permitting, compliance
monitoring, reporting, and enforcement provisions herein. Alternately, the
Superintendent may enter into an agreement with the neighboring jurisdiction in
which the significant industrial user is located to proYide 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.
(1) Name, mailing address, and location if different from the mailing address);
(2) Environmental control permits held by or for the facility;
(3) Standard Industrial Classification (SIC) codes for pretreatment the
industry as a whole and any processes for which categorical pretreatment
standards haye been promulgated.
(4) Description of actiYities, 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);
COUNCIL BILL NO. 1748
Page 27 ORDINANCE NO. 2176
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(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 eleyation. and all points of discharge.
(9) Time and duration of the discharge.
(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 formCila in 40 CFR
403.6(e);
(11) 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 representatiYe of normal
work cycles and expected pollutant discharges.
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(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.
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(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;
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COUNCIL BILL NO. 1748
Page 28 ORDINANCE NO. 2176
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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) ITlQFlths.
B. No later than 14 days following each date in the schedule and the
final date for compliance, the user shall submit a progress report to
the Superintendent 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.
(15) Any other information as may be deemed by the Superintendent to be
necessary to evaluate the permit application.
(16) A new source discharger may proYide estimates as to the character and
volume of pollutants described in 4.6 (10)(11 )(12).
Incomplete or inaccurate applications shall not be processed and shall be
returned to the industrial user for revision.
4.7 Application Sianatories 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 eyaluate
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."
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COUNCIL BILL NO. 1748
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4.8 Wastewater Permit Decisions
The Superintendent will ev~luate the data furnished by the industrial user and
may require additional information. Within sixty (60) days of receipt of a
complete permit application, the Sup~rintendent 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, 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 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.
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COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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SECTION 5 - WASTEWATER PERMIT ISSUANCE PROCESS
5.1 Wastewater Permit Duration
Permits shall be issued for a specific time period, not to exceed fiye (5) years. A
permit may be issued for a period less than fiye (5) years, at the discretion of the
Superintendent. Each permit shall indicate a specific date upon which it will
expire.
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5.2 Wastewater Permit Contents
Wastewater permit shall include such conditions as are reasonably deemed
necessary by the Superintendent to prevent pass through or interference and to
implement the objectives of this Ordinance.
(1) Wastewater Permits shall contain the following conditions:
(2)
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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 proyisions for
furnishing the new owner or operator with a copy of the existing
permit.
c.
Effluent limits applicable to the user based on applicable 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.
Permits may contain, but need not be limited to, the following:
A.
Limits on the average and/or maximum rate of discharge, time of
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ORDINANCE NO. 2176
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B.
C.
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discharge, and/or requirements for flow regulations and equalization
Limits on the. instantaneous, daily and monthly ayerage and/or
maximum concentration, mass, or other measure of identified
wastewater pollutants or properties.
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.
Requirements for immediate reporting of any instance of
noncompliance and for automatic re-sampling and reporting within
thirty (30) days where self-rnonitoring indicates a Yiolation(s).
J.
Compliance schedules for meeting pretreatment standards and
requirements.
K.
Requirements for submission of periodic self- monitoring or special
notification reports.
L.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified in Section 6.12 and affording
the Superintendent, or his representatives, access thereto.
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ORDINANCE NO. 2176
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M. Requirements. for prior notification and approval by the
Superintendent of any new introduction of wastewater pollutants or
of any change in the yolume or character of the wastewater prior to
introduction in the system.
N. Requirements for the prior notification and approyal by the
Superintendent of any change in the manufacturing and/or
pretreatment process used by the permittee. '.~
O. Requirements for immediate notification of excessive, accidental,
or slug discharges, or any discharge which could cause any
problems to the system.
P. A statement that compliance with permit does not relieye the
permittee of responsibility for compliance with all applicable federal
and state pretreatment standards, including those which become
effectiye during the term of the permit.
a. Other conditions as deemed appropriate by the Superintendent 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 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
waiyer of the administratiye appeal.
(2) In its petition, the appealing party must indicate the permit proyisions
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 fails to act within fifteen (15) days, the request for
reconsideration shall be deemed denied.
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(5) Aggrieved parties seeking judicial review of the final administrative 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.
5.4 Wastewater Permit Modifications
The Superintendent may modify the permit for good cause including, but not
limited to, the folloWing:
(1) To incorporate any new or reYised federal, state, or local pretreatment
standards or requirements.
(2) To address significant alterations or additions to the industrial user's
operation, processes, or wastewater yolume 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 releyant 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.
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COUNCIL BILL NO. 1748
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5.5 Wastewater Permit Transfer
Permits may be reassigned or transferred to a new owner and/or operator with
prior approval of the Superintendent if the permittee giyes at least thirty (30)
days advance notice to the Superintendent. The notice must include a written
certification by the new 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 may reyoke 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;
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COUNCIL BILL NO. 1748
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(10) Failure to provide advance notice of the transfer of a permitted facility;
(11) Violations of any pretreatment standard or requirement or any terms of
the permit or the ordinance.
(12) Failure to provide prior notifi'cation to the Superintendent 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.
Permits shall be voidable upon nonuse, cessation of operations, or transfer of
business ownership. All prior wastewater permits are yoid upon the issuance of
a new wastewater permit.
5.7 Wastewater Permit Reissuance
A significant industrial user shall apply for permit reissuance by submitting a
complete permit application in accordance with Section 4.6 a minimum of ninety
(90) days prior to the expiration of the user's existing permit.
5.8 Reaulation of Wastewater Receiyed from other Jurisdictions
If another municipality, or user(s) locate within another municipality or
jurisdiction, contribute(s) wastewater to the municipal wastewater system, the
Superintendent 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.
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COUNCIL BILL NO. 1748
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SECTION 6 - REPORTING REQUIREMENTS
6.1 Baseline Monitorina Reports'
Within 180 days after the effective date of a categorical pretreatment standard,
or 180 days after the final administratiye 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 haye 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.
Identifvina 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 controls
permits held by or for the facility;
c.
Description of Operation. The user shall submit a brief description
of the nature, ayerage 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.
Flow Measurement. The user shall submit information showing the
measured ayerage 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 wastewater
formula set out in 40 CFR 403.6 (e).
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E. Measurement of Pollutant.
(i) The ilJdustrial user shall identify the categorical
pretreatment standards applicable to each regulated
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) 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) 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) A minimum of four (4) grab samples must be used for pH,
cyanide, total phenols, oil and grease, sulfide, and yolatile
organic. All other pollutants shall be measured by composite
samples obtained through flow proportional sampling
technique. If flow proportional composite sampling is
infeasible, samples may be obtained through time
proportional sampling techniques or through four (4) grab
samples if the user proyes such a sample will be
representative of the discharge.
F.
Special Certification. A statement, reviewed by an authorized
representatiYe 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
operatfons and maintenance (O&M) and/or additional pretreatment
is required in order to meet the pretreatment standards and
requirements; and
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ORDINANCE NO. 2176
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G. Compliance Schedule. If additional pretreatment and/or O&M will
be required to meet the pretreatment standards; the shortest
schedule by wAich the industrial user will provide such additional
pretreatment and/or O&M. The completion date in this schedule
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. All baseline monitoring reports must be signed ~nd certified in
accordance with Section 4.7.
I. Where reports containing this information already have been
submitted to the control authority, the industrial user will not be
required to submit this information again.
6.2 Compliance Schedule Proqress Reports
The following conditions shall apply to the compliance schedule required by
Section 6.1 (G) of this ordinance:
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A. The schedule shall contain progress increments in the form of dates for the
commencement and completion of major eyents 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).
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B. No increment referred to above shall exceed nine (9) months.
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C. The user shall submit a progress report to the Superintendent 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.
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D. In no eyent shall more than nine (9) months lapse between such progress
reports to the Superintendent. .
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COUNCIL BILL NO. 1748
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6.3 Reports on Compliance with Cateaorical 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 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 reasQaable 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
and 6.1 (F).
6.4 Periodic Compliance Reports
Any significant industrial users subject to a pretreatment standard shall, at a
frequency determined by the Superintendent but in no case less than twice per
year, submit a report indicating the nature and concentration of pollutants in the
discharge which are limited to such pretreatment standards and the measured or
estimated average and maximum daily flows for the reporting period. All
periodic compliance reports must be signed and certified in accordance with
Section 4.7.
(1) All wastewater samples must be representatiye of industrial user's
discharge. Wastewater monitoring and flow measurement facilities 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 unrepresentatiye of its discharge.
(2) 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 and shall re-
sample its discharge. The industrial user shall report the results of the
repeated sampling within thirty (30) days of discovering the first Yiolation.
COUNCIL BILL NO. 1748
Page 40 ORDINANCE NO. 2176
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6.5 Report of Chanaed Conditions
Each industrial user shall notify the Superintendent 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 may require the industrial user to... submit such
information as may be deemed necessary to evaluate the changed
condition, including the submission of a waste water permit application
under Section 4.6, if necessary.
(2) The Superintendent may issue a wastewater permit under Section 4.8 or
modify an existing waste water permit under Section 5.4.
(3) No industrial user shall implement the planned changed condition(s) until
and unless the Superintendent has responded to the industrial user's
notice.
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(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.
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(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 of the incident. This notification shall include the location
of discharge, type of waste, concentration and yolume, if known, and
corrective actions taken by the user.
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(2) Within fiye (5) days following an accidental discharge, the user shall,
unless waiyed by the Superintendent, 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
relieye 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 relieye the
user of any fines, civil penalties, or other liability which may be imposed
by this Ordinance.
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COUNCIL BILL NO. 1748
Page 41 ORDINANCE NO. 2176
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(3) 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 eyent of a
discharge described in paragraph (1), aboye. Employers shall ensure
that all employees who may cause or suffer such a discharge to occur are
advised of the emergency notification procedure.
6.7 Reports from Unpermitted Users
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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 may require.
6.8 Sample Collection
Wastewater samples collected for purposes of determining industrial user
compliance with pretreatment standards and requirements shall be obtained
using flow proportional composite collection techniques. In the event flow
proportional sampling is infeasible, the Superintendent may authorize the use of
time proportional sampling. Samples for oil and grease, temperature, pH,
cyanide, phenols, toxicity, sulfides, and volatile organic chemicals shall be
obtained using grab collection techniques. All sampling shall be certified that
such sampling is representative of normal work cycles and expected pollutant
discharges to the POTW.
6.9 Analytical Reauirements
All pollutant analyses, including sampling techniques, to be submitted as part of
a permit application or report shall be performed in accordance with the
techniques prescribed in 40 CFR Part 136 or, if 40 CFR part 136 does not
contain sampling or analytical techniques for the pollutant in question, in
accordance with procedures approved by the EPA, DEQ and the City.
6.10 Monitor/na Charaes ..
The City Engineer may recoyer the City's expenses incurred in collecting and
analyzing samples of the industrial user's discharge by adding the City's
~xpenses to the industrial user's sewer charges.
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ORDINANCE NO. 2176
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6.11 Timina
Written reports shall be deemed to haye been transmitted at the time of deposit,
postage prepaid, into a mail facility services by the United States Postal Service.
6.12 Record KeeDina
Industrial users shall retain, and make ayailable for inspection, and copying, all
records and information required to be retained under 40 CFR 403.12(0). These
records shall remain available for a period of at least three (i3. years. This
period shall be automatically extended for the duration of any litigation
concerning compliance with this Ordinance, or where the industrial user has
been specifically notified of a longer retention period by the Superintendent,
DEQ or EPA.
6.13 Reportina of Additional Monitorina
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)(5).
6.14 Notification of Sianificant Production Chanae
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 within two (2) business days after the
user has a reasonable basis to know that the production leyel will significantly
change within the next calendar month. Any user not notifying the
Superintendent 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.
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COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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6.15 Notification of the Discharae 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 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 ~Iendar 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. Howeyer, 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) Dischargers are exempt from the requirements of this paragraph (1),
aboye, 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.
COUNCIL BILL NO. 1748
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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 Diyision Director, and
DEQ Solid and Hazardous Waste Diyision Director, of the discharge of
such substance within ninety (90) days of the effectiye 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 yolume and toxicity of
hazardous wastes generated to the degree it has determined to be
economically practical.
(5) This proYision 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.
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SECTION 7 - COMPLIANCE
7.1 Inspection and Samplino
The City shall haye the right to enter the facilities of any industrial user to
enforce the provisions of this ordinance or any wastewater permits or orders
issued hereunder. Industrial users shall allow the Superintendent or his
representatiyes ready access to all parts of their premises for the purposes of
inspection, sampling, records examination and copying, and the .performance of
any additional duties.
(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 City, State, and US EPA shall haye the right to set up or require
installation of, on the industrial user's property, such deyices as are
necessary to conduct sampling, and/or metering of the user's operations.
(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 deyices 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 of the
Superintendent 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 yiolation of this Ordinance.
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ORDINANCE NO. 2176
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7.2 Search Warrants
If the Superintendent has been refused access to a building, structure or
property or any part thereof, and if the Superintendent 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
shall contact the City Attorney who may then apply for an adminil:jtrative search
warrant from a court of competent jurisdiction.'
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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.
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(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 ayailable
immediately upon request to goyernmental agencies for uses related to
this Ordinance, the National Pollutant Discharge Elimination System
(NPDES) program, and in enforcement proceedings involving the person
furnishing the report.
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SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
The City shall annually publish, in the largest daily newspaper circulated in the area
where the municipal wastewater system is ,located, a list of the industrial users which,
during the preYious 12 months, were in significant noncompliance with applicable
pretreatment standards and requirements. The term significant noncompliance shall
mean:
(1) Sixty six percent (66%) or more of wastewater measu.rements taken
during a 6 month period exceed the discharge limit for the same pollutant
by any amount.
(2) Thirty three percent (33%) or more of wastewater measurements taken
during a 6 month period equal or exceed the product of the daily
maximum limit or the ayerage limit 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 discharge violation that the City believes has caused, alone or
in combination with other discharges, interference or pass through
(including endangering the health of City personnel or the general public).
(4) Any discharge of pollutants that has caused imminent endangerment to
the public or to the environment, or has resulted in the City's exercise of
its emergency authority to halt or prevent such a discharge.
(5) Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a permit or enforcement order for starting
construction, completing construction, or attaining final compliance.
(6) Failure to proYide, within 30 days after the due date, any required reports,
including baseline monitoring reports, 90 day compliance reports, periodic
self monitoring reports, and reports on compliance with compliance
schedules.
(7) Failure to accurately report noncompliance.
(8) Any other Yiolation(s) which the City has reason to belieye is significant.
COUNCIL BILL NO. 1748
Page 49 ORDINANCE NO. 2176
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SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1 Industrial User Violation Process
Wheneyer the Superintendent determines that a yiolation 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 enforcer'hent action as
provided in this Section. In addition, any enforcement action or remedy proYided
in state or federal law may be employed. If the Superintendent believes a
yiolation has occurred or is occurring, a representatiye of the City shall make a
reasonable effort to notify the user of the violation. All violations including the
first yiolation 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 yiolation 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 yiolation, a plan
for its satisfactory correction and preyention of future such violations, and
specific corrective or preventive actions. Submission of this plan in no
way relieyes the user of liability for any yiolations occurring before or after
receipt of the Notice of yiolations occurring before or after receipt of the
Notice of Violation. Nothing in this section shall limit the authority of the
Superintendent 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 administratiye penalties as described in Section 10 regardless
of the intent of the user. Each day of a continuing Yiolation shall
constitute a separate offense for purposes of computing the applicable
penalty.
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COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
(2) Whenever the Superintendent finds that any IU has violated or is violating
this Ordinance, a wastewater permit or order issued hereunder, or any
other pretreatment requirement, the Superintendent shall cause to be
served upon said IU 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.
(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 ayerage
yiolation.
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 system.
(3) Failure to apply for and obtain a permit prior to discharge of industrial
wastewater into the system.
10.5 IU Notice to Citv of Violation
If sampling performed by an industrial user indicates a violation, the industrial
user shall notify the Superintendent 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.
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ORDINANCE NO. 2176
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10.6 Consent Orders
The Superintendent may enter into Consent Orders, assurance of voluntary
compliance, or other similar documents establishing an agreement with an IU not
in compliance with any permit parameter or provision of this Ordinance. such
orders will include specific action to be taken by the IU to correct the
noncompliance within a time period also specified by the order. Consent Orders
shall haye the same force and effect as administratiye orders and upon
issuance, such orders shall be judicially enforceable. ,~
10.7 Show Cause Hearina
The Superintendent may order any user which causes or contributes to
Yiolation(s) of this Ordinance, wastewater permits or order issued hereunder or
any other pretreatment requirement, to appear before the Superintendent and
show cause why a proposed enforcement action should not be taken. Notice
shall be served on the IU specifying the time and place for the hearing, the
proposed enforcement action, the reasons for such action, and an order that the
IU 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 IU. Whether or not the IU
appears at the hearing, the Superintendent may pursue enforcement action
following the hearing date.
10.8 Compliance Orders
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When the Superintendent finds that an IU has yiolated or continues to violate
the Ordinance, permits or orders issued hereunder, or any other pretreatment
requirement, an order may be issued to the IU 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.
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In addition to such Compliance Orders, the Superintendent 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.
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COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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10.9 Cease and Desist Orders
When the Superintendent finds that an industrial user has violated or continued
to violate this Ordinance, any permit or order issued hereunder, or any other
pretreatment requirement, the Superintendent 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.
'..1'
(2) Take such appropriate remedial or preyentatiye 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 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 may fine such user in an amount not to
exceed one thousand dollars ($1000.00). Such fines shall be assessed on
a per Yiolation, per day basis. In the case of monthly or long term ayerage
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) Users desiring to dispute such fines must file a written request for the
Superintendent 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 may convene a hearing on the
matter. In the event the users appeal is successful, the payment, together
with any interest accruing thereto, shall be returned to the user. The
Superintendent may add the cost of preparing administrative enforcement
actions, such as notices a"nd orders, to the fine.
(4) Issuance of an administrative fine shall not be a bar against, or a
prerequisite for, taking any other action against the user.
COUNCIL BILL NO. 1748
Page 53 ORDINANCE NO. 2176
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10.11 Emeraency Suspensions
The Superintendent may immediately suspend an industrial user's discharge
and the industrial user's wastewater discharge permit, after informal notice to the
industrial user, wheneyer 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 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 waste water system, or which presents or may present an
endangerment to the environment.
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(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 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 shall allow the industrial user to
recommence its discharge when the user has demonstrated to the
satisfaction of the Superintendent that the period of endangerment has
passed, unless the termination proceedings set forth in Section 10.12 are
initiated against the user.
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(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 prior to the date of any show cause or termination hearing
under Section 10.7 and 10.12
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I In addition to those proYisions in Section 5.6 of this Ordinance, any industrial
~ user which violates the following conditions of this Ordinance, wastewater
permits, or orders issued hereunder is subject to permit termination:
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Violation of permit conditions.
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(1 )
(2)
Failure to accurately report the wastewater constituents and
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ORDINANCE NO. 2176
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characteristics of its discharge.
(3) Failure to report significant changes in operations or wastewater yolume,
constituents and characteristics prior to discharge.
(4) Refusal of reasonable access to the user's premises for the purpose of
inspection, monitoring or sampling.
Non-complying industrial users shall be notified of the proposed termination of
their wastewater permit and be offered an opportunity to shaw cause under
Section 10.7 of this Ordinance why the proposed action should not be taken.
Page 55
COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES
11.1 Iniunctive Relief.
Wheneyer an industrial user has yiolated, threatens to yiolate, or continues to
violate the provisions of this Ordinance, permits or orders issued hereunder, or
any other pretreatment requirements, the Superintendent 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 wa~tewater 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 Court shall grant an
injunction without requiring a showing of a lack of an adequate remedy at law.
11.2 CiYil 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 one thousand dollars ($1,000) per
violation per day. In the case of a monthly or other long term ayerage discharge
limit, penalties shall accrue for each calendar day during the period of this
violation.
A. The 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.
B. In determining the amount of ciyil penalty, the court shall take into
account all releyant circumstances, including, but not limited to, the extent
of harm caused by the yiolation, coiTectiye 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.
C. 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%) ofthe civil penalty.
Page 56."
COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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SECTION 11 -JUDICIAL ENFORCEMENT REMEDIES
11.1 Iniunctiye Relief.
Wheneyer an industrial user has Yiolated, threatens to Yiolate, or continues to
violate the provisions of this Ordinance, permits or orders issued hereunder, or
any other pretreatment requirements, the Superintendent 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 actiyities 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 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 one thousand dollars ($1,000) 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.
A. The court may award reasonable attorney fees, court costs, and other
expenses associated with enforcement actiYities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the
City.
B. In determining the amount of ciYil penalty, the 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.
C. 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 ciYil penalty.
Page 56
COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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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 one thousand dollars ($1,000) per yiolation 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 one thousand dollars ($1,000) per violation per day or
imprisonment for not more than (1) one year, or both.
(2)
In the event of a second conviction, the user shall be punishable by a fine
not to exceed three thousand dollars ($3,000) per violation per day or
imprisonment for not more than (3) three years, or both.
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11.4 Remedies Nonexclusive
(1) A City Enforcement Response Plan will be developed by the
Superintendent in accordance with 40 CFR section 403.8 and submitted
to the City Engineer for approval and certification. The Superintendent
will implement the plan after receiving approval from the City Engineer.
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(2)
The remedies proYided for in this ordinance are not exclusiye. The
Superintendent may take any, all, or any combination of these actions
against a noncompliant user. Enforcement of pretreatment yiolations will
be in accordance with the City of Woodburn's Enforcement Response
Plan. However the Superintendent may take other action against any user
when the circumstances warrant. Further, the Superintendent is
empowered to take more than one enforcement action against any
noncompliant user.
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COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTIONS
12.1 Performance Bonds
The Superintendent 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 such user first files a satisfactory bond,
payable to the City, in a sum not to exceed a value determined by the
Superintendent to be necessary to achieve consistent compliance~
12.2 Liability Insurance
The Superintendent 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 Seyerance
"'"
When an industrial user has yiolated the proYisions of this Ordinance, orders, or
permits issued hereunder, water service to the industrial user may be seyered by
the City Engineer and service will only recommence, at the 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 Engineer or his designee. Any
person(s) creating a public nuisance shall be subject to the provisions of the City
Ordinance 1616 governing such nuisance, including reimbursing the City for any
costs incurred in removing, abating or remedying said nuisance.
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12.5 Contractor Listina
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Subject to other applicable law, industrial users which haye 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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COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13.1 Affirmative Defenses
. A user shall haye those affirmatiye defenses in any action brought against it
alleging a yiolation as proYided by federal regulations.
13.2 Upset
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(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 preyentive 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 affirmatiye defense of upset shall
demonstrate, through properly signed; contemporaneous operating logs,
or other relevant evidence that:
A. The 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 user submits the following information to the Superintendent within
24 hours of becoming aware of the upset, If this report is giyen orally, the
user must also submit a written report containing such information within
five (5) days unless waived by the Superintendent:
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i) A description of the discharge and its causes of noncompliance;
ii)
The period of noncompliance including exact dates and time or, if
not corrected, the anticipated time the noncompliance is expected
to continue;
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COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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iii) Steps being taken and/or planned to reduce, eliminate and preyent
recurrence of the noncompliance.
(4) In any enforcement proceeping, the user seeking to establish the
occurrence of an upset shall haye burden of proof.
(5) 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) User 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 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 na.ture or constituents from the 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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13.4 Bypass
(1) For the purposes of this section,
A.
"Bypass" means the intentional diversion of wastestreams from any
portion of a user's treatment facility.
Page 60
COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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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. Seyere 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 Yiolated, 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.
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A. If a user knows in advance of the need for a bypass, it shall submit
prior notice to the Superintendent, at least ten (10) days before the
date of the bypass, if possible.
B.
A user shall submit oral notice to the superintendent 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 proYided
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 may waiye the written report on a
case-by-case basis if the oral report has been receiyed within
twenty-four (24) hours.
Bypass is prohibited, and the Superintendent may take an
enforcement action against a user for bypass, unless
i)
Bypass was unayoidable to preyent loss of life, personal
injury, or seyere property damage;
COUNCIL BILL NO.1748
ORDINANCE NO. 2176
Page 62
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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 C<Qndition is not satisfied if adequate backup
equipment should haye been installed in the exercise of
reasonable engineering judgment to prevent a bypass which
occurred during normal periods of equipment downtime or
preyentiye maintenance; and
iii) The user submitted notices required under paragraph (3) of
this section.
D.
The Superintendent may approve an anticipated bypass, after
considering its adverse effects, if the Superintendent determines
that it will meet the three conditions listed in paragraph (4) (A) of
this section.
COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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SECTION 14 - MISCELLANEOUS PROVISIONS
14.1 Pretreatment Charaes 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 )
(2)
(3)
(4)
(5)
Fees for permit applications including the cost of processing such
applications;
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Fees for monitoring, inspection and surveillance procedures including the
cost of reYiewing monitoring reports submitted by industrial users;
Fees for reYiewing and responding to accidental discharge procedures
and construction;
Fees for filing appeals;
Other fees as the City may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters coyered by this
Ordinance and are separate from all other fees, fines and penalties
chargeable by the City.
14.2 Severability
If any proYision of this Ordinance is invalidated by any court of competent
jurisdiction, the remaining proYisions 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.
14.4 Emeraency Clause
Page 63
This ordinance being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist and this ordinance
shall take effect immediately upon passage by the Council and approval by the
Mayor.
COUNCIL BILL NO. 1748
ORDINANCE NO. 2176
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ApproYed as to formL~V<J { rv--------
City Attorney
APPROVED:
Passed by the Council
Submitted to the Mayor
ApproYed by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Te ant, City Recorder
City of Woodburn, Oregon
Page 64
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Date
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September 9, 1996
September 10, 1996
September 10, 1996
September 10, 1996
COUNCIL BILL NO. 1748
ORDINANCE NO. 2176