HomeMy WebLinkAboutOrdinance No. 19791ORDINANCE N0. 19191
AN ORDINANCE CONCERNING INDUSTRIAL WASTE PRETREATMENT;
AMENDING SECTIONS 6.400, 6.405, 6.410, 5.415, 6.420,
6.425, 6.430, 6.435, 6.440, 6.445, 6,450, fi.455, 6.460,
6.465, 6.470, AND 6.690 OF THE EUGENE CODE, 1971;
ADDING SECTIONS 6.421, 6.432, 6,434, 6,452, 6,453, AND
5.464 TO THAT CODE; AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sections 6.400, 6.445, 6.410, 6.415, 6.420, 6,425, 5.430,
6.435, 6.440, 6.445, 6.450, 5.455, 6.460, 6.465, fi,410, and 6.690 of the
Eugene Code, 1911, are amended, and new Sections 6.421, 6.432, 6.434, 6.462,
6.463, and 6.464 are added to that Code, to provide: ~~~~ ~~~~~ ~`~~
Industrial Pretreatment Pra ram
6.400 Industrial Pretreatment Pro ram -Declaration of Pol is .
~1} The provisions of sections 6.400 to 6,410 of this cade set
forth requirements for the industrial discharge of pollutants into the city
sewerage system. The objectives of these sections are to:
~ a} Prevent the discharge of pollutants into the city sewer-
age system which will interfere with the operation of the system
or contaminate the resulting sludge;
fib} Prevent the discharge of pollutants into the city sewer-
age system which will pass through the system, inadequately treat-
ed, into receiving waters;
~c} Improve the opportunity to recycle and reclaim wastewater
and sludge from the city sewerage system;
~d} Protect the health of the city's employees working i n
and around the city sewerage system.
~2} In achieving the abjectives of sections 6,400 to 6.410 of this
code it shall be the policy of the city to actively support the community's
commerce and,industry,thraugh accommodation, assistance and cooperation
cons ~ stent w~ th the city's respons i bi 1 i ty to protect the waters of the state
from pollution and to secure the health, safety and welfare of the residents
of the metropal itan area.
~3} Poll~~t.~!~ts s~~" ~-be a~r:eped info the city sewerage system
subject to regulations and requirements as may be promulgated by state and
federal .regulatory agencies or the city for the protection of sewerage
face 1 ~ t~ es and treatment processes, public health and safety, receiving water
qual i 1 ty and avoidance of nuisance. Pretreatment standards shal 1 be level -
oped to ensure that, at a mi nimum, the city and industrial users comply with
Sections 301 ~ b} and 301 ~c} of the Federal Water Pollution Control Act, as
amended by the Clean Water Act of 1911 and the regulations promulgated pur-
Ordinance - 1
suant to these sections of the Act, including but not limited to, 40 CFR
Part 403 General Pretreatment Regulations} and 40 CFR Chapter I Subchapter
N ~Nat~ anal Category cal Pretreatment Standards} .
~4} The city manager, in carrying out the provisions of sections
6.400 to 6.470 of this code regarding industrial discharge of pollutants by
industrial users into the city sewerage system necessary for the proper dis-
posal of sewage and drainage from the city and adjacent tern tary, i s auth-
ori zed, i n his or her administrative discretion, to adopt and to promulgate
as regu1 at i ons any laws of the state or the federal government i n accord-
ance ,with the procedures , of section ~ .019 of this code . Discharge permi t
candy t ~ ons shall be pred~ Gated on federal , state and local regulations and
requirements and on the results of analysis of the type, concentration,
quantity and frequency of discharge including the geagraphi cal rel ati onshi p
of the point , of discharge to sewerage and treatment f aci 1 i t i es. Discharge
permi is may ~ ncl ude, but shall not be 1 i mi ted to, conditions pertaining to
discharge standards, self monitoring requirements, treatment methods, house-
keep~ ng pract~ ces, ~ nventory storage, manufacturing methods, etc, , that are
intended to protect the waters of the state. Permit conditions shall be
reevaluated upon expiration of the permit and may be revised by the city
manager as required, to remain consistent with 1 ocal , state or federal 1 aws,
regulations and requirements or to meet any emergency.
~5} The city manager shall administer, implement, and enforce the
provisions of sections fi.40o to fi.41o of this code to ensure that the city's
pretreatment program complies with the objectives of sections 6, 400 to 6.470
of this code, the applicable ,state and federal laws and regu1 ati ons and the
qty's pol icy to cooperate with the state and federal government, Cross
references in sections 6.400 to 6,410 of this code to other statutes and
regulations are to the versions thereof i n effect on August 1, 1991.
6.405 lndustri al Pretreatment Program -Definitions. Unless the context
. spec i f i cal 1 y indicates otherwise, the fallowing terms and phrases,
as used ~ n sect ~ ons 6.400 to 6.470 of this code shall have the following
meanings:
Act. The Federal Water Pollution Control Act, also known as
the Clean Water Act, 33 U,S.C. 151, et she .
Authorized re resentati ve of i ndustri a1 ~ user. An authorized
representative of an industrial user shall be:
~a} A president, vice-president, secretary or treasurer
i n charge of a pri nci pal business function, or any other per-
son who performs simi 1 ar policy or decision-making functions
for the corporation, i f the industrial user i s a corporat i on .
~ b} A general partner or proprietor i f the industrial
user i s a partnersh i p or sole proprietorship, respectively; or
~c} A, duly authorized representative of the individual
designated ~n ~a} or fib} provided the authorization specifies
either an individual or a position have responsibility for the
overal 1 operation of the facility from which the discharge
originates or a pos i ti on of equivalent responsibility or hav-
i ng overal 1 responsi bi 1 i ty for environmental matters for the
company, is made in writing by an individual designated in
~ a } or ~ b } and such authari zat i on i s provided to the city
pry or to or together with any reports signed by an authari zed
Drdi Hance - ~
representative as provided in 40 CFR 403.121} or required by
the city manager.
Biochemical ox en demand BOD . The quantity of oxygen
utilized in the biochemical oxidation of organic matter under
standard laboratory procedure i n five days at 20 degrees Celsius
expressed ~ n mi 11 ~ grams per liter.
CFR. The referenced Code of Federal Regul at i vns provision .
Cit mans er. The city manager of the city of Eugene, ar the
city manager's designee.
Ci t sewers e s stem: ,A, treatment works as defined by section
212 of the Act . This def ~ n ~ t ~ on includes any publicly awned sewers
that convey wastewater to the treatment plant, whether or not a part
of the regional sewerage facilities as defined in the Interg~vern-
mental Agreement executed by the cities of Eugene and Springfield
and Lane County as of July 1, 1991 ~ Intergovernmental Agreement} .
Constituent. Any pollutant regulated by section 6.400 to
6.410 of this code or by any permit issued pursuant to section
6.440 of this code, or any volume discharge limits established by
a permit issued pursuant to section 6.440 of this code.
Coal i n water. The water discharged from any use to which the
only pollutant added is heat.
DES. The Oregon Department of Environmental Quality.
Di schar e. The depvsi t of pollutants into the city sewerage
system, whether deliberate ar as an unintended result of any action
or failure to act.
Discharge „p,ermi t. A wastewater discharge permit or a mobi l e
waste hauler permit.
Domestic waste. Waste derived from ardi nary living processes,
free from process wastewater and which will permit satisfactory
d~ sposal w~ thout sped al treatment i nta the city sewerage system.
EPA. The United States Environmental Protection Agency.
~mmedi ate,,, ar Immedi atel_y. Immediate or immediately means as
soon as reasvna~b1 y puss i bl e~ but i n no event longer than 24 hours .
Industrial user. Any person, i ncl udi ng a mobi l e waste hauler,
who discharges ,wastewater f rom a source other than a s i ngl a or
mul t ~ pl a dwel 1 i ng unit directly connected to the city sewerage
system.
Interference. A di scharge which, alone or i n conjunction
wi th a di scharge or discharges from other sources, either:
~a} Inhibits or disrupts the city, its treatment pro-
cesses or operations, or its sludge processes, use or di s-
posa1; or
fib} Is a cause of a violation of any requirement of the
city's NPDES permit ~ i ncl udi ng an increase i n the magnitude
or duration of a vi ol~at i on } ar of the prevention of sewage
sludge use or disposal in compliance with the following sta-
tutory provisions and regulations or permits issued thereunder
for mare stringent state or local regulations}; Section 405
of the Clean Water Act, the Sal id Waste Disposal Act ~SWDA}
~ i ncl udi ng title I I , 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 Subt i tl e D of the SWDA} , the C1 can Ai r
Ordinance - 3
Act, the Toxic Substances Control Act, and the Marine Protec-
ti on, Research and Sanctuaries Act or regulations promulgated
by the city manager.
Mobi 1 e waste hauler. A person who, by contract or otherwise,
.collects wastewater, i nc1 udi ng domestic waste and septage waste,
for transportation to and discharge into any portion of the city
sewerage system.
Mobi 1 e waste hauler ermi t. A permi t issued pursuant to sec-
6.44o of this code.
NPDES ermit. National Pollution Discharge Elimination System
permit issued pursuant to ORS 4b8.740 and the Act.
New si nificant industrial user. Any person discharging from
any building, structure, facility or installation source}, the
construction of which co~nenced after the publication of proposed
pretreatment standards under section 3o7~c} of the Act which will
be applicable to such source i f such standards are thereafter pro-
mul gated i n accordance with that section, provided that:
~a} The building, structure, faci 1 i ty or installation
i s constructed at a si to at which na other source i s 1 ocated;
or
fib} The bui 1 di ng, structure, facility or instal 1 ati an
totally replaces the process or production equipment that
causes the discharge of pollutants at an existing source; ar
~c} The production of wastewater generating processes
of the building, structure, facility or installation are sub-
stantially independent of an existing source at the same site.
I n determining whether these are substantial 1 y independent,
factors such as the extent to which the new facility i s i me -
grated with the existing plant, and the extent to which the
new faci 1 i ty i s engaged i n the same general type of activity
as the existing source should be considered.
Construction an a site at which an existing source is located re-
sul is i n a modi f i cati on rather than a new source i f the construc-
t i on does not create a new building, structure, faci 1 i ty or i n
stal 1 ati on meeting the criteria of paragraphs fib} or 4c} of thi s
paragraph but otherwise alters, replaces, or adds to existing pro-
cess or production equipment. Construction of a new source as de-
fined under this paragraph has commenced if the owner or operator
has:
~d} Begun, or caused to begin as part of a continuous
onsi to construction program:
1. Any placement, assembly, or installation of
facilities or equipment ; yr
2 . Significant site preparation work including
ci eari ng, excavation, or removal of existing bui 1 di ngs,
structures, or facilities which is necessary for the
placement, assembly, or installation of new source
facilities or equipment; or
~ e } Entered i nto a bi nd i ng contractual obligation for
the purchase of faci 1 i ti es or equipment which are intended to
be used i n its operation wi thi n a reasonabl a time. Options
to purchase or contracts which can be terminated ar modified
without substantial 1 oss, and contracts far feas i bi 1 i ty, en-
Ordinance - 4
g i neeri ng, and design studies do not canst i tute a contractual
ob1 i gat i an under this paragraph .
Pass throu h, A discharge which exits the city sewerage
system ~ nto water of the Una tell States or state i n quantities or
concentrations which, alone or in conjunction with a discharge or
discharges from other sources, is a cause of a violation of any re-
qui resent , of the city sewerage system NPDES permit ~ i ncl udi ng an
~ ncrease ~ n the magna tulle or duration of a vi of ati on} .
Person. Any individual , partnership, joi nt-venture, firm,
company, cooperative, corporation, association, joint stock company,
trust, ,estate, governmental entity ar any other legal entity, The
mascul ~ ne gender shall ~ ncl ude the feminine and the singular shat 1
include the plural .
. pH, . The logarithm abase 10} of the reciprocal of the hydrogen
~ on act ~ v ~ ty expressed ~ n moles per 1 i ter of sot ut i an .
Pol 1 utant . Any element or compound discharged into the city
sewerage system except water unless the water has been heated,
coaled or irradiated .
Pot l uti on . The a1 terat i on Of the chemical , physical , bi o-
1 og ical or radiological state of water.
Pretreatment. The reduction or elimination of pollutants in
wastewater prior to discharge.
Process wastewater, Water which, during manufacturing or pro-
cess i ng, carves into contact with or results from the production of
or use of any raw material , intermediate product, finished product,
byproduct or waste product.
Restricted substance. Pol 1 utants 1 i sted i n section fi.420 of
this code, or as prescribed by the city manager pursuant to section
6.415 ~of this code.
Sample. Any portion of wastewater represent i ng a d i scharge,
which may be a grab sample, or a composite of several samples rep-
resent ~ ng the sewer d ~ scharge over a peri od of time .
Seprta~e waste. Domestic waste extracted from a sewage con-
tainment system.
5IC number,. A classification pursuant to the Standard Indus-
tri al Classification Manual issued by the Executive Office of the
President, Office of Management and Budget, 1912 .
Si n i f i cant industrial user. Any industrial user which;
~a} Is subject to categorical pretreatment standards
under 40 CFR 403.fi and 40 CFR Chapter I, Subchapter N or
rules promulgated by the city manager, ar
fib} Has significant amount of toxic pollutants in its
wastewater, as determined by the city manager, or
~c} Discharges an average of at least 25, 000 gal 1 ans per
day of wastewater ~excl udi ng domestic waste} i n any period of
12 consecutive calendar months, ar
` ~d} Discharges water, including wastewater, which on any
day ~ n any per od Of 12 consecutive calendar months consti -
tutes at least five percent of the average daily dry weather
hydraul ~ c or organ ~ c capacity of the city sewerage system, or
fie} Is determined by the city manager to have a reason-
able potential for adversely affecting the city sewerage sys-
tem' s operation or for violating any pretreatment standards .
Ordinance - 5
S1 a load. Any discharge of a non-routine episodic nature,
including, but not 1 imi ted to, an accidental spi 11 or a non-custo-
mary batch discharge.
Standards. The limitations and requirements established by
federal , state and local 1 aws and regulations for discharges to the
city sewerage system.
Sus ended sot i ds . The total elements and compounds which
float on the surface of, or are suspended in, wastewater and which
are removable by laboratory filtration .
Toxic of 1 utant. Any pol 1 utant or combination of pol 1 utants
identified pursuant to section 301~a} and section 502 of the Act
or otherwise 1 i sted as toxic i n regulations previously pramul gated
by the EPA, or as identified by the city manager.
Wastewater, Liquid or water-carried pollutants including any
ground water, surface water, and storm water that may be present,
whether treated or untreated, which i s discharged, flows, or
infiltrates into the city sewerage system.
wastewater discharge permit. A permit issued pursuant to
section 6.440 of this code.
6.410 Industrial Pretreatment Program -General Di scharge Prohibitions.
No industrial user sha11 discharge any pollutant i n a quant i ty
which wi 11 harm the health of the city's employees working i n and around the
city sewerage system, interfere with the operation or performance of the city
sewerage system, or contaminate the resulting sludge, or will pass through
the system inadequately treated, into receiving waters, including but not
limited to any of the following substances:
~a} Any 1 iquids, solids or gases which by reason of their
nature or quantity are, or may be sufficient either alone or i n
combination with other pollutants to cause fire ar explosion ar be
injurious i n any other way to the city sewerage system or its
operations, including, but not 1 i mi ted to, gasoline, kerosene,
naphtha, benzene, toluene, xyl ene, ethers, a1 cohol s, ketones,
aldehydes, peroxides, chlorates, prechl orates, bromates, carbides,
hydrides and sulfides; wastestreams wi th a cl osed cup fl ashpoi nt
of less than 140 degrees Fahrenheit or 60 degrees Centigrade using
the test methods specified by the city manager. At no time shall
two successive readings on an explosion hazard meter, at the point
of discharge {or at any point i n the city sewerage system} be more
than five percent nor any single reading over ten percent of the
lower explosive 1 i mi t of the meter.
€b} Pollutants which result i n the presence of toxic gases,
vapors, or fumes within the city sewerage system in a quantity that
may cause acute worker health and safety problems.
~c} Any trucked ar hauled pol 1 utants, except at discharge
points designated by the city manager.
~d} Solid or viscous substances which either alone or i n com-
bi nati on with other pol 1 utants may cause obstruction to the flow
i n a sewer ar other interference with the operation of the city
sewerage system such as, but not l invited to: grease, garbage with
parti c1 es greater than one-hal f i nch in any dimension, animal guts
or tissues, paunch manure, bones, hair, hides or f1 eshi ngs, en-
Ordinance - 6
trai 1 s, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dust; metal , glass, straw, shavings, grass c1 i p-
pings, rags, spent grains or hops, waste paper, wood, plastics, gas,
tar, asphalt residues, residues from refining, or processing of
fuel or l ubr~ cati ng of 1, mud, or glass grinding or polishing wastes.
fie} Any wastewater havi ng a pH less than 5.5 or greater than
12.0 or having any other corrosive property capable of causing
damage or hazard to structures, equipment, and/ar personnel of the
city sewerage system.
~ f } Any wastewater containing pol 1 utants which, either alone
or in combination with other pollutants, may injure or interfere
with any wastewater treatment process, consti tuts a hazard to
humans or animals, creates a toxic effect.: in the receiving waters
of the city sewerage system or exceeds any 1 i mi tat i on set forth i n
a National Categorical Pretreatment Standard or any other pretreat-
ment standard.
~g } Any noxious or malodorous liquid, gas or solid which,
either alone or i n combi nati an with other pollutants, i s sufficient
to create a public nuisance or hazard to life or is sufficient to
prevent entry i ntv the city sewerage system for maintenance or
repair.
~ h } Any pollutant which may cause the city sewerage system's
effluent or any other product of the city sewerage system such as
residues, sludges, or scums, to be unsuitable for reclamation and
reuse or to interfere with the reclamation process.
~ i } Any pollutant which wi l 1 cause the city to violate its
NPDES permit.
~j} Any wastewater with objectionable color not removed in
the treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions .
~ k} Any wastewater havi ng a temperature which wi 11 i nh i bi t
biological activity in the treatment plant or stimulate excessive
biological activity in the city sewerage system, but in no case
wastewater wi th a temperature at the point of discharge into the
city sewerage system which exceeds fi5 degrees C ~ 150 degrees F }
or wi th a temperature which exceeds 4o degrees C ~ l04 degrees F}
at the regional treatment works plant influent.
~ l } Any wastewater containing any radioactive wastes ar i so-
topes of such half life or concentration as may exceed limits
established by the city manager or applicable state or federal
standards .
gym} Any wastewater containing hydrocarbon oil and grease i n
excess of 10o milligrams per liter of solution, or total of 1 and
grease i n excess of 300 mi l l i~grams per 1 i ter of solution, as
determined by analytical procedures performed i n accordance with
CFR Part 13fi or other applicable analytical procedures approved by
the EPA.
~ n } Any unpolluted water, including, but not limited to, non -
contact cooling water, storm water, ground water, roof runoff, or
subsurface drainage.
Ordinance - 1
6.415 Industrial Pretreatment Pro ram -Pretreatment Standards ~ Restricted
Substances. No industrial user shall discharge wastewater contain-
i ng restricted substances into the city sewerage system, i n excess of 1 imi ta-
t~ ons specs f ~ ed by candi ti ons of its discharge permit or published by the
city manager. The city manager shall publish and revise from time to time
rules wh ~ ch des ~ gnats and establish ] i mi is for restricted substances. At al 1
times these rules sha]1 cover and be at least as strict as those for pollu-
tants as defined in state or federal regulations. Discharge limits or rules
i n effect and i ncorparated into any discharge permit shall remain i n effect
for that permit until i t expires, except as modified as provided i n section
6.440 of this code,
6.420 Industrial Pretreatment Program -Specific Restricted Substance
Limitations. Subject to further limitation by the city manager
pursuant to section 6.4I5 of this code, no i ndustri a1 user shall discharge
wastewater containing in excess of;
Arsenic, total 1.5 mi 11 i grams per 1 i tre
Cadmium, total 0.3 mi 11 i grams per litre
Chromium, total 2.0 mi 11 i grams per 1 i tre
Capper, total 3.1 milligrams per litre
Cyanide, total 2.6 mi 11 i grams per 1 i tre
Lead, total 1.7 milligrams per litre
Mercury, total .05 milligrams per litre
Nickel , total I. l mi I l i grams per 1 i tre
Phenols, total 3.5 mil 1 i grams per litre
Silver, total 0.8 milligrams per litre
Zinc, total 5.7 milligrams per litre
6.425 Industrial Pretreatment Pro ram -Excessive Dischar e, No i ndus-
tri a1 user shat 1 increase the use of process water ar, i n any way,
attempt to di 1 ute a di scharge as a parti a1 or complete substitute for ade-
quate pretreatment to achieve compliance with the standards contained i n sec-
t~ons 6.400 to fi.4T0 of this code.
6.427 Industrial Pretreatment Pro ram -Accidental Dischar es. Indus-
tri al users shall provide protection from accidental discharge
of prohibited ar regulated materials or substances established i n this sec-
ti on . 4~here deemed necessary by the city, f aci 1 i ti es to prevent accidental
discharge of prohibited materials shall be provided and maintained at the
~ ndustri al user's cost and expense. An accidental spi 11 preventi an plan
ASPP} showing facilities and operating procedures to provide this protec-
t i on shall be submitted to the city far review and approval before i mp1 emen-
tat i on . The city shat l determine which industrial user i s required to
develop an ASPP and require that industrial user to submit the ASPP wi thi n
60 days after notification by the city. Each industrial user shal 1 impl e-
ment its ASPP as submitted after such ASPP has been reviewed and approved
by the city. Review and approval of such plans and operating procedures
by the c~ ty shat 1 not relieve the industrial user from the respons i bi 1 i ty to
modify its facility as necessary to meet the requirements of sections fi.400
to fi.410 of this code.
Ordinance - 8
6.430 Industrial Pretreatment Pra ram -Native of Di schar es.
~ 1 } Tel a hone notice .. Any industrial user ar employee thereof
become ng aware of a d i scharge wh ~ ch
~a} Could cause interference or pass through, including any
s1 ug 1 oad; or
~ b} , Yi of ates f secti ons fi.400 to 6, 414 of this code,
shat 1 report such d~ scharge ~~ned~ ately by telephone to the city manager.
Prompt notification of such discharges will allow the city to take necessary
precautions to minimize hazards and to prevent damage to the receiving waters,
thereby avai di ng or minimizing discharge violations and fines from state and
federal regul ataxy agencies and the city. The notification shal 1 include
the location of the discharge, type, concentration and volume of pollutant
discharged and corrective actions proposed and/or taken,
~ 2 } Written notice. Within five days following such a di scharge,
the industrial user shat l submit to the city manager a detai 1 ed written re-
port describing the cause and 1 ovate on of the discharge, the type, concentra-
te on and volume of pol 1 utant discharged, and any hazards which may be posed
to 1 i fe ar property and the measures taken or to be taken to prevent semi 1 ar
future occurrences.
~3} a Advance notice. An industrial user shall promptly notify the
city manager ~n advance of any substantial change in the volume or character
of pollutants i n its discharge, including hazardous wastes far which the i n-
dustri al user has provided initial notification under sect i an fi .432 of th i s
code .
~4} Notice to em 1 a ees, Each industrial user subject to section
6.440 of this code shall permanently post a notice on its bulletin board yr
other prominent place advising employees wham to call in the event of a dis-
charge covered by subsection ~1} of this section. Employers shall ensure
that all employees who may cause ar suffer such a discharge to occur ar who
are 1 i kely to detect such discharge are advised of the emergency note f ica-
t i on procedure .
6.432 Industrial Pretreatment Pro ram -Native of Hazardous Waste Dis-
charge.
~ 1 } Local notice, ,,,,and prior approval . Prior tv the discharge of
any substance referenced i n su~bsect~~~on ~2~ of this section, the industrial
user shall obtain prior written approval from the city manager far such d i s-
charge. The wry tten request for prior approval shall include the name of
the hazardous waste as set forth in 40 CFR Part 2fi1, identification of the
hazardous constituents contained in the waste, an estimate of the mass and
concentration of such constituents, the volume of the discharge, and any
other information the city manager may deem appropriate.
~2} Federal notice re,q,ui rements. Industri a1 users shall notify
the city manager, the EPA Regional Waste Management Division Director, and
state hazardous waste authorities i n writing of any discharge into the city
sewerage system of a substance, which, i f otherwi se d i spased of , would be a
hazardous waste under 40 CFR Part 2fi1. Such notification must include the
name of the hazardous waste as set forth i n 40 CFR Part 261, the EPA hazard-
ous waste number, and the type of discharge ~conti nuous, batch or other} .
If the ~ ndustr~ a1 user d~ scharges more than 100 ki l agrams of such waste per
calendar month to the city sewerage system, the Hate f i cote on shall also con-
tai n the fol 1 awe ng i nfarmati on to the extent such information i s known and
Ordinance - 9
read i 1 y avai 1 abl a to the industrial user:
~a} An identification of the hazardous constituents can-
to fined i n the wastes, an estimation of the mass and concentrat i vn
of such constituents i n the wastestream discharged during that
calendar month; and
fib} An estimation of the mass constituents in the wastestream
discharged during that calendar month; and
~c} An estimation of the mass constituents in the wastestream
expected to be discharged during the fo] 1 owi ng 12 months.
Industrial users who co~nence discharging after December 31, 1991 shall pro-
vi de the notification no ] ater than 180 days after the discharge of the
1 fisted or characteristic hazardous waste. Any notification under this para-
graph need be submitted only once for each hazardous waste discharged. How-
ever, notification of changed discharges must be submitted under section
fi . 430 ~ 3 } of this code . The nat i f i cat i on requirement i n this section does
not apply to pollutants already reported under self -monitoring requirements
of this code.
~3} Exem ti on. Industrial users are exempt from the requirements
of subsection ~2} of this section during a calendar month in which they dis-
charge no more than 15 ki 1 ograms of hazardous wastes, unless the wastes are
acute hazardous wastes as specified in 40 CFR 261.3o~d} and 2fi1.33~e}. Dis-
charge of more than 15 kilograms of non-acute hazardaus wastes i n a cal endar
month, or of any quantity of hazardous wastes as specified i n 40 CFR 261.30
~d} and 2fi1.33~e}, requires cone-time notification. Subsequent months dur-
i ng which the industrial user discharges more than such quantities of any
hazardaus waste do not require additional notificatian.
~4} New regu,l,~ations. In the case of any new regulations under
section 3001 of the Resource Conservation and Recover Act identifying addi-
t i anal characteristics of hazardous waste or listing any addi t i anal sub-
stance as a hazardous waste, the industrial user must notify the city manager,
the EPA Regional Waste Management Waste Division Director, and state hazard-
ous waste authorities of the discharge of such substance within 90 days of
the effective date of such regulations.
~ 5 } Certification . I n the case of any notification made under
this section, the industrial user shal 1 certify that i t has a program i n
place to reduce the val ume and taxi ci ty of hazardous wastes generated to the
degree i t has determined to be economically practical .
6.434 Industrial Pretreatment Pra ram - A reements. Nothing contained
i n sections 6.410 to 6.425 of this code shal 1 be construed to pro-
hi bi t an agreement between the city and any person whereby a di scharge which
would otherwise be prohibited by sections 6.400 to fi. 410 of this code may be
adm~ tted to the c~ ty sewerage system. Such an agreement may be made when,
i n the opinion of the city manager, special circumstances justify such agree-
ment, provided that no interference or pass through results from the di s-
charge and n0 additional costs are incurred by the city without recompense
by the person. Categorical pretreatment standards shat 1 not be waived by
special agreement of the parties.
5 ~ndustr~ al Pretreatment,,,,,,,,Pro r.,,,
~~~~,~,,.~ ~~,~, 9 ~.~.~ am -Fees .
t1~ Purpose. It ~~is the purpose of this section to reduce the
Ordinance - 10
city's cost of implementation of the pretreatment program through a system
of equitable charges or fees to be paid by the industrial users of the city
sewerage system who are subject to section fi.440~1}~a} of this code for cer-
tai n services . The applicable charges or fees shall be set forth i n a
schedule of fees established as provided i n secti an 1. o2D of this code.
~ Z } Fees . When adopting fees as provided i n subsection ~ 1 } of
this section the city manager may adopt fees to reduce the city's cost of
providing the following services:
~ a } Setting up and operating the pretreatment program;
~ b} Sampling, monitoring, i nspecti ans and survei 11 ance
procedures ;
~c} Reviewing accidental discharge procedures and con-
struction;
~d} Reviewing and acting upon permit appl i cati ans; and
fie} Other services as the city manager may deem necessary to
carry out the requirements contained in sections fi.400 to fi.470 of
this code.
b.440 Industrial Pretreatment Program -Administration.
~1} General.
~a} Monitoring facilities, When required by the city manager,
the industrial user shal 1 instal 1 and maintain at its expense a
suitable control accesshole to facilitate observation, sampling and
measurement of wastewater being discharged, Such accesshole shal 1
be 1 orated, i f feasi bl e, where i t i s accessible from a publ i s road
or street. It shall be constructed in accordance with plans and
at a 1 ocati an approved by the city manager and shal 1 be arranged so
that flow measuring and sampling equipment and a shutof f gate ar a
screen may be conveniently instal 1 ed by the city.
fib} Inspection and sampling. The city may inspect the faci 1-
i ti es of any industrial user as often as deemed necessary ~ si gni f i -
cant industrial users should expect to be inspected no 1 ess often
than at 1 east one to four times annually} to ascertain whether the
provisions of sections 6.400 to 6.470 of this code are being com-
plied with. The owner, operator or agent in charge of the premises
shat 1 allow authori red representatives of the city, state and EPA
access at all reasonable times to all parts of the premises where
wastewater ref ated faci 1 i t i es are 1 orated or i n which records re-
quired by this code are kept for the purpose of the performance of
any of their duties, including but not 1 imi ted to, inspection, ab-
servati on, photographing, sampling, and/or records copying and
examination. The city, state and EPA shal 1 have the right to set
up on the industrial user's property such devices as may be neces-
sary or proper to conduct samplings observation, inspection, com-
pl fiance monitoring and/or metering operati ans. The industrial user
shall make arrangements with its employees so that upon presenta-
ti on of their credentials, representatives from the city, state or
EPA wi 11 be permitted to enter, without delay, far the purpose of
perfarmi ng their responsibilities .
~c} Pretreatment facilities. An industrial user may be re-
qui red to install pretreatment faci 1 i ti es or make plan or process
modifications as deemed necessary by the city manager to meet the
Ordinance - 1~
requirements of sections fi.404 to 6.470 of this code. Whenever
such facilities or modifications are required, they shall be con-
structed, instal ] ed, operated and maintained at the expense of the
~ ndustr~ al user and i n a manner and within the time rescri bed b
the cit ~ P y
y manager to enable the city to comply with all state and
federal regu1 ate ons ar to protect the city sewerage system ar
treatment process. The i ndustri a] user shall maintain records i n-
d~ cats ng routs ne maintenance check dates, c1 can i ng and waste
removal dates and means of disposal of accumulated wastes . Such
records shall be retained for a minimum of three years and shall
be subject to review i n accordance with subsecti an ~ 1 a of thi s
• ... ~~~
sects on. Approval of proposed face l ~ t~ es or modifications by the
c~ ty manager w~ 11 not i n any way guarantee that these foci 1 i ti es
or modifications wi 11 function i n the required manner or attai n
the required results, nor shat 1 i t re] i eve ~ an industrial user of
the respons i bi 1 i ty of enlarging or otherwise modi fyi n or re 1 aci n
such f ' ' ' ~ ~ g P g
acs 1 ~ t~ es to accompl ~ sh the ~ ntended purpose and to meet the
applicable standards, 1 i mi tati ons and candi ti ons of sections fi.400
to 6.410 of this code and, i n the case of a permi t holder, the
wastewater discharge permit.
~d~ . Confidential information. Information and data obtained
by the city from reports, questionnaires, permit applications
permi is and monitoring programs shall be ova i 1 abl a to the ub~ i c
P
and other governmental agency es w~ thout restr~ ct~ on unless the
industrial user requests i n writing that i t be confidential and
demonstrates to the satisfaction of the city manager that such
records are exempt from disclosure under the Oregon Public Records
law, ORS 192.410, et seg. Notwithstanding anything herein to the
contrary, al 1 such data shat 1 be avai 1 abl a at 1 east to the extent
necessary, to permit the city manager to ensure compliance with
sections 6.400 to 6.470 of this code as well as the requirements of
40 CFR section 2.302. When conf i dent i a] i ty i s requested and the
right ,thereto i s established by the industrial user, the conf iden-
t~ a1 ~ nformati on shat 1 not be made avai 1 abl a for ins ecti on b the
. P y
publ ~ c but may be made avai 1 abl a upon wry tten request to overn-
g
mental agencies for uses related to sections 6.400 to 6.410 of this
code, the NPDES permit, or pretreatment programs. However, ail
portions of a report shall be avai 1 abl a for use by the city, state
ar any state agency or federal agency i n judicial or enforcement
proceedings involving the person furnishing the report.
~ 2 ~ Wastewater d ~,~sch„ar~c,e permits .
~a} General, Every significant industrial user shall secure
a ewastewater.d~ scharge permit from the city. Any discharge by a
s ~ gn ~ f ~ cant ~ ndustr~ al user wi thout a permi t i s a vi o1 ati an of th i s
code except as provided i n subparagraph fib} of this subsecti an.
~b~ i A~catian. An existing industrial user which wi]1 be-
come,a s~gn~f~cant industrial user upon establishing a new point
of d~ scharge, or make ng a substanti al change i n the volume or char-
acter of ~ is d~ scharge or process, shall apply for a wastewater
discharge permit at least 90 days prior to establishin anew dis-
. g
charge point or making such change ~n discharge or rocess. An
such ~ P y
acts on by the ~ ndustr~ a1 user wi thout a permi t i s a vi o1 ati on
of sections 6.400 to G.410 of this code, Any other existin indus-
9
Ord i Hance - 12
trial users shall apply far a wastewater discharge permit wi thi n
seven days of becomi ng a s i gn i f i cant industrial user and may Con-
ti nue to discharge unti 1 the earlier of, the denial of the appl i ca-
ti On or the passage of 90 days without permit issuance. There-
after, any further discharge shall be a violation of sections
fi.400 to fi.410 of this code. New significant industrial users
shall apply for a.wastewater discharge permit at least 90 days
pry or to the earl ~ er of connecting to the city sewerage system or
discharging. Any discharge by a new signicant industrial user
wi thout a permi t i s a vi of ation of sections 6.400 to 6.410 of thi s
code, An existing significant user proposing to establish a new
point of discharge or make a substanti a1 change i n the volume or
character of its discharge or process, shall apply for an amended
permit and may discharge only i n conformity with its existing per-
mit until the permit is modified. Applications shall be made to
the city manager i n writing on forms provided by the city and shal l
a ncl ude the fol l owe ng ~ nformat i on
1. Name, address, telephone number and authorized rep-
resentative of the applicant and service address together
with the name of the operator and owners;
2. SIC number;
3 . A 1 i st of environmental control permits held by or
for the applicant;
4. A 1 i st of wastewater pol 1 utants and their character-
istics actually or potentially discharged at the applicable
plant sate ~nclud~ng measured or estimated daily average and
daily maximum concentrations of these pollutants;
. 5. A description of spill prevention measures or plans
why ch are currently ~ n place ~ n the plant;
6. Water use and wastewater flow rates, including maxi-
mum daily, average daily, average monthly and seasonal vari -
ations, i f any;
1. A detai l ed site, floor, or plumbing plan showing the
size and 1 ocati on of all sewers, sewer connections and appur-
tenances, or.any other facilities designed to help the appl i -
cant ~ n meets ng sects ons 6.400 t0 6.410 of this chapter;
8. A description of activities, facilities and plant
prOCesses on the premises including a general description of
types and quantities of all materials which are or caul d be
discharged into the city sewerage system;
9, A statement regarding whether or not compliance is
being achieved with sections 6.400 to 6.410 of this code on a
consistent basis and i f not, whether additional operation and
maintenance activities and/or additional pretreatment i s re-
qu fired far the applicant to comply with sections fi, 400 to
6.470 of this code;
10. Where additional pretreatment and/or operation and
maintenance activities wi 11 be required to comply with sec-
tions 6.400 to 6.410 of this code, the applicant shall provide
a compl i once schedule consisting of a decl arat i on of the
shortest schedule by which the applicant wi 11 provide such
addi ti ono] pretreatment and/or implementation of addi ti ono]
operat i ona1 and maintenance activities .
Ordinance - 13
a. The schedule shal 1 contain mi 1 estone dates far
the commencement and completion of major events 1 eadi ng
to the construction and operation of additional pretreat-
ment required for the applicant to comply with the re-
quirements of this division including, but not 1 imi ted
to, dates relating to hiring an engineer, completing
pre1 i mi nary plans, completing final plans, executing
contract far major components, co~nencing construction,
completing construction, and al 1 other acts necessary
to achieve compliance with sections fi.4o0 to 6.410 of
this code.
b. Under no circumstances shall a time increment
for any single step directed toward camel i once which ex-
ceeds nine months be permitted.
c. Not 1 ater than 14 days following each mi 1 estone
date i n the schedule and the final date fvr compliance,
the applicant shall submit a progress report to the city,
including at least, a statement on whether or not the
applicant complied with the increment of progress repre-
sented by that mi 1 estone date and i f not, the date on
which i t expects to comply with this increment of pro-
gress, the reason for delay, and the steps being taken
by the applicant to return the construction to the
approved schedu1 e. In no event shall more than nine
months elapse between such progress reports to the city.
11. A list of each product produced by type, amount, pro-
cess or processes, and rate of production;
12. A list of the type and amount of raw materials util-
i zed including chemicals used i n process which may be d i s-
charged to the sanitary sewer system average and maximum per
days;
13 . Any pertinent special agreements between the appl i -
cant and the city concerning treatment of discharges, special
user charges or rates, or any other information deemed neces-
sary by the city manager;
~4. The application shat 1 be signed by an authari zed rep-
resentati ve of the industrial user;
The city manager wi 11 evaluate the data furnished by the applicant
and may determine that addi t i anal information or samp1 i ng of
wastewater characteristics is necessary. If such a determination
i s made, the applicant, unless the time period i s extended, wi 11
be given 3o days to provide the required information or sampling .
I f i t i s not provided within the designated time period, the appl i -
cat i on shal 1 be denied . After determining that the submitted
application contains all of the information required by this sub-
section, the city manager will consider the submission, any addi-
tianal evidence that may have been requested, and any other avai 1-
abl a information relevant to the appl i cati an. If the city manager
determines that the proposed discharge meets the requirements of
sections 6.400 to b.4lo of this code, the city manager will, within
30 days after determining that the application i s complete, issue
a wastewater discharge permit subject to appropriate conditions.
Any application determined by the city manager to be complete shall
Ordinance - 14
constitute compliance with baseline monitoring report requirements
under 40 CFR 403.12~b}.
~c} Modification of ermit. Conditions included in a waste-
water discharge permit shat l remain i n effect for that permit unti 1
i t expires, except that they may be revised by the city manager
whenever the city manager deems a revision is necessary in order
to of f ect ~ vel y ~ mpl event the pretreatment program, as required by
city, state or federal standards ar i n order to effectuate the ob-
jectives of sections 6.400 to 6.410 of this code, and the city's
policy to cooperate with the state and federal government or to
meet any emergency. The permit holder shall be informed of any
proposed changes i n its permit at least 30 days prior to the effec-
ti ve date of change except i n the event of an emergency.
~d} Duration. Permits shall be issued for a specified time
per od, not to exceed three years. The permit holder shal 1 appl y
for permi t rep ssuance a mi nimum of 9o days prior to the expi rati an
of its existing permit i f i t desires to continue to discharge.
fie} Conditions. Wastewater discharge permits shall be ex-
pressly subject to all provisions of sections 6.400 to 6.410 of
this code. Where applicable, permits shall contain the fallowing
conditions:
1. Payment of applicable fees;
2. Limits vn the average and maximum discharge of res-
tri cted substances, including mass 1 i mi ts;
3 . Limits on average and maximum rate and time of d i s -
charge or requirements far flow regulators and equalization;
4 ; Requirements for installing and maintaining pretreat-
ment, ~nspect~on or mon~tor~ng samp1 ing facilities;
s 5. Specifications for monitoring and sampling programs
wh ~ ch may ~ ncl ude , monl tors ng sampling 1 ocati ons, frequency of
mon~tor~ng, sampling, number, types and standards for tests
and reporting schedules;
6. Compliance schedules;
1. Requirements for submitting technical reports or dis-
charge reports;
~. Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified by the
city manager, and affording the city manager access thereto;
9. Requirements for notifying the city of any new di s-
charge of a restri cted substance or any substantial change i n
the val ume or character of the wastewater or any restricted
substances being discharged into the city sewerage system;
10. Requirements for notifying the city within two busi-
ness days after a permi t holder has a reasonabl a basis to
know that the production 1 evel wi 11 significantly change
within the next calendar month, and that without such noti f i -
cati on, apermi t holder must meet the mass or concentration
1 i mi is i n its permit that were based on the original estimate
of the long term average production rate;
11. Requirements far immediately notifying the city of
s1 ug 1 oad d~ scharges;
12. Requirements that the permit holder notify the city
of any disposal of wastewater i n excess of 500 ga11 ons to any
Ordinance - 15
person i n any period of 1Z consecutive calendar months;
13. Authorized points of discharge and regulated pro-
cesses;
14. Requirement for irmnedi ately notifying the city mana-
ger where self -monitoring results indicate noncompliance;
15. Requirement to report a bypass or upset of a pre-
treatment facility;
16. Requirement for the significant industrial user who
reports noncompliance to repeat the sampling and analysis and
submit analysis to the city manager within 30 days after be-
comi ng aware of the v i o1 ati on;
11. Statement of applicable civil and criminal penalties
for violation of pretreatment standards; and
18. Other cand i ti ons as deemed appropriate by the city
manager to achieve compliance with sections 6.400 to 6.410 of
this code.
~f } Transfer. A wastewater discharge permit shall be issued
to a specific significant industrial user far a specific operation.
A wastewater discharge permit shall not be assigned, transferred
ar sold without the approval of the city manager. Any successor
significant industrial user shat 1 agree to comply with the terms
and conditions of the existing permit as a condi ti on precedent to
the approval by the city manager of a transfer, sale or assignment
of the permit .
~g } Anal,ys i s and reporti n„g, requirements . Permit holders wi 11
be required to submit ~~nformat~i~on, cert~ f i cat i ons, compliance
schedules and samples of discharges or perform such tests and re-
port such test results to the city manager as follows:
1. When required by the terms and provisions of 40 CFR
Sec . 403.12 or 403.6 ~ c } ~ 1 } ;
2. When requested by state ar l aca1 public agencies; or
3. When deemed necessary by the city manager for the
proper treatment, analysis ar control of discharges.
A11 such tests and reports shat 1 be at the cast of the permi t
holder. The city shall have the right to implement and enforce the
provisions of 44 CFR Sec. 403.12 and 403.6~c} ~1} by order of the
city manager. When deemed necessary by the city manager, a permi t
holder may be required to obtain, install , operate and maintain an
automatic sampler, analyzer or flow measuring device to monitor
its discharges i n the manner directed by the city.
All sampling and analysis shall be done i n a manner and by a
laboratory previously approved by the city manager. The city man-
ager shall require all analysis related to any permit to be per-
formed ~ n accordance w~ th the procedures established by the EPA
pursuant to Section 304~g} of the Act and contained in 40 CFR Sec.
136 ar other applicable analytical procedures approved by the EPA.
To the degree practicable, the city manager wi 11 .provide each
permit hal der Or applicant with i nformati an on applicable 1 acal ,
state and federal wastewater analysis and reparti ng requirements,
provided, however, that any failure to do so shall not excuse the
permit holder from compliance with said requirements .
3 Mobs l e was,t~e haul,~er e,,,,,,.,,,,.,,,,,,,~_
~ } _. ~ ~ ~~~., , p rmi is.
Via} Permit r,e,quired. Any person proposing to be a mobile
Ordinance - 16
waste hauler and any person the city manager has determined is
likely to be a mobi l e waste hauler shat 1 secure a mobi l e waste
hauler discharge permit from the city. Any discharge by a mobi l e
waste hauler without a permit is a violation of sections 6.400 to
6.410 of this code except as provided i n subparagraph ~ b~ of th i s
subsection.
~ b} application . Any existing mobi 1 e waste hauler shat l
app1 y for a mobi 1 e waste hauler discharge permit within 30 days
after becoming subject to the requirements of subparagraph ~a~
of this subsection. Any new mobi 1 e waste hauler subject to the
requirements of subparagraph ~a~ of this subsection shall apply at
least 30 days prior to its initial discharge. Applications shat 1
be made to the city manager i n writing on forms provided by the
city and shall include the following information:
1. Name,, address, telephone number and authori Zed rep-
resentative of the applicant;
Z. SiC number and other state or federal license num-
bers;
3. A 1 ist of environmental control permits held by ar
far the applicant;
4. A descri pti on of spi 11 prevention measures or plans
which are currently i n place for use during storage or di s-
charge of wastewater;
5, A descri pti on of activities and methods of co11 ec-
ti on, transportation, storage and discharge of wastewater, a
description of transportation and storage foci 1 i ti es, and a
general description of types and quantities of all materials
which are or could be discharged; and
6. Proof of adequate general liability and property
damage insurance.
The city manager shall evaluate the data furnished by the applicant
and may determine that additional information or sampling of waste-
water characteristics i s necessary. If such a determi nati on i s
made, the applicant, unless the time period i s extended, wi 11 be
given 30 days to provide the required information or sampling . Y f
i t i s not provided within the designated time period, the appl i ca-
ti on shat 1 be denied. After determining that the submitted appl i -
cat i on contains al ] the information required by this subsection,
the city manager shall consider the submission, any additional evi-
dence that may have been requested, and any other available i nfor-
mat i on relevant to the application. ~f the city manager determines
that the proposed discharge meets the requirements of secti ans
6.400 to 6.410 of this code, the city manager shall, within 30 days
after determining that the appl i cati an i s complete, i ssue a mobi 1 e
wastewater hauler discharge permit subject to appropriate condi -
tions.
~c} Modification of ermit. Conditions included in a mobile
waste hauler discharge permit shall remain i n effect for that per-
mi t unti 1 i t expires, except that they may be revised by the city
manager whenever the city manager deems a revi si on i s necessary i n
order to effectively implement the pretreatment program, as required
by city, state or federal standards i n order to effectuate the
objectives of sections 6.400 to 6.470 of this code, and the policy
Ordinance - 11
of the city to cooperate with the state and federal government or
to meet any emergency. The permit holder shall be informed of any
proposed change i n its permit at 1 east 30 days prior to the of fec-
ti ve date of change except i n the event of an emergency.
~d} Duration. Permits shall be issued for a speci f i ed time
period, not to exceed three years. The permit holder shall apply
for permi t rep ssuance a m~ n~mum of 90 days prior to the expiration
of its existing permit i f i t desires to continue to discharge,
fie} Condi ti ons . Mobi 1 e waste hauler discharge permits shall
be expressly subject to all provisions of sections fi.400 to 6.410
of this code . Mobile waste hauler permits shall contain the
following conditions:
1, Payment of applicable fees;
2. lima is on the average and maximum discharge of
restricted substances;
3. Limits on average and maximum rate and time of di s-
charge or requirements for flow regu1 ati ons and equal i Zati on;
4. Compliance schedules;
5, Requirements for submission of technical reports or
discharge reports;
6. Requirements ,for notification of the city of any new
~ ntraduct ~ on of restr~ cted substances ar any substantial
change i n the val ume or character of the wastewater or any
restricted substances being discharged;
1, Requirements that the permit holder notify the city
of any disposal of wastewater i n excess of 500 gallons to any
other person i n any period of 1 ~ consecutive calendar months;
8. Requirements for insurance coverage for all acti vi -
ties subject to the provisions of sections 6.40o to fi.410 of
this code;
9. Requirements that the permit hot der retai n a copy of
a val ~ d mobs 1 e waste hauler d~ scharge permit i n each vehi cl e
used for transportation of wastewater, and present that permi t
to any emp1 oyee of the city authorized to inspect the mobil e
waste hauler discharge permit;
14. Requirements that the permit holder present a mani -
fest of or~g~n of all wastewater proposed for discharge;
11. Requirements that the permit holder discharge only
at the des ~ gnated d ~ scharge point and at designated times ;
1Z. Requirements that the permit holder remove or other-
wi se clean up al 1 spilled mates al or waste after discharge
and that the permit hot der agree to pay any public agency
which provides assistance in such clean up ar which performs
such clean up after a failure by the permit holder to comply,
an amount representing twice the amount of the actual expendi -
tures of the public agency for 1 abo.r and materials necessary
to clean any spi 11 ed waste;
13. Requirements that the permit holder apply in writ-
i ng on approved forms for permission to discharge any waste-
water containing any restricted substance or wastewater con-
taining any substances other than domestic or septage waste
and provide the operator of the treatment f ac i 1 i ty at 1 east
24 hours' notice of proposed time of delivery of any such
Ordinance - ~8
approved waste; and
14. Other conditions as deemed appropriate by the city
manager to achieve compliance with sections 6.400 to 6.470 of
this code.
~ f } Transfer. A mobi 1 e waste hauler discharge permit shat 1
be issued to a speci f i c mobile waste hauler for a speci f i c opera-
ti on . A mobi 1 e waste hauler discharge permit shat 1 not be assigned,
transferred or sold wi thaut the approval of the city manager. Any
successor mobi 1 e waste hauler shal 1 agree to comply with the terms
and conditions of the existing permit as a cond i ti on precedent to
the approval by the city manager of a transfer, sale or assignment
of the permit.
fig} Anal si s and re orti n re ui cements. Permit hat ders
shall be required to submit information, certifications, compli-
ance schedules and samples of discharges or perform such tests
and report such test results to the city manager as fol 1 ows:
1. When requested by state or local public agencies; or
2. When deemed necessary by the city manager far the
proper treatment, analysis ar control of discharges.
All such tests and reports shall be at the cost of the permi t
holder. To the degree practicable, the city manager shall provide
each permit holder or applicant with information on applicable
local, state and federal wastewater analysis and reporting require-
ments, provided, however, that any failure to do so shall not ex-
cuse the permit holder from compliance with said requirements.
6.445 Industrial Pretreatment Program -Public Nuisance.
~ 1 } Unlawful di scharges. ~ Any discharge i n v~ of ati on of sections
6.400 to 5.410 of this code, the conditions of a di scharge permit, or any
other v i al at i on of sections 5.400 to 6.410 of this code i s hereby declared
to be a publ i c nuisance, Such nuisance may be abated or enjoined and damages
assessed therefor i n accordance with other provisions i n this code or i n any
other manner provided by law.
~2} Activities cousin unlawful dischar e, Any activity which
could result in ar cause discharges in violation of sections 6.400 to 5.410
of this code on at 1 east one day a month for any six months during the course
of 12 consecutive calendar months i s hereby declared to be a publ i c nuisance.
Such nuisance may be abated or enjoined and damages assessed therefor i n .
accordance with other provi s i ans i n this code or i n any other manner pro-
vided by law.
~3} Additional ersannel or monitorin devices. The city manager
may order the employment of one or more personnel or the installation of
secured monitoring devices to assure compliance with any abatement order.
Where the city manager deems such action necessary, the city manager may
set ect the persons t0 be emp1 oyed as moni tars. The cost for compliance with
such order shat 1 be apporti aned accardi ng to the 1 ows regarding nuisance
abatement.
6.450 Industrial Pretreatment Program -Cease and Desist Order.
~ 1 } In the event of any actu~al~~~~~~~orr~ythreatened discharge i n vi o1 a-
tion of sections fi.400 to fi.470 of this code or the conditions of a di scharge
Ordinance - 19
permit, which discharge presents an i ~ni Went or existing danger to the health
or we] fare of persons, property or the environment or which has caused or
wi 11 cause interference, pass through or contamination of the resulting
sludge, the city manager may issue an order to cease and desist and direct
that the person responsible for such vi al ati on:
{a} Comply forthwith;
{b~ Comply in accordance with the time schedule set forth by
the city manager; or
{ c ~ Take appropriate remedial or preventative action ,
{ ~ ~ I f the person or permit holder i n v i o1 at i on fails to compl y
with the order, the city shall take such steps as are deemed necessary or
proper i nc1 ud i ng immediate severance of the sewer connection . The city s h al l
reinstate the wastewater treatment service upon proof of the elimination of
the actual or threatened violation. The f i 1 i ng of an appeal pursuant to sec-
t i on 6.465 of this code shall not stay enforcement of the city manager.
6.455 Industrial Pretreatment Program -Submission of Time Schedule. If
the city manager finds that a discharge has taken or may take place
i n violation of sections 6.400 to 6.470 of this code ar the conditions of a
discharge permit, the city manager may require the person or permit holder
responsible therefor to submit for approval , within such time and with such
modifications as the city manager deems necessary, a detai 1 ed time schedul e
of specific actions which the person or permit holder shal 1 take i n order to
prevent or correct the violatian.
6.460 Industrial Pretreatment Pro ram -Termination and Revacation of
Discharge Permit.
{ 1 ~ Any industrial user who violates any of the provisions of sec-
ti ons 6.400 to 6.410 of this code or, where applicable, the candi t i ons of its
discharge permit, which violation does not present an imminent danger to the
health or welfare of persons, property or the environment or which violation
wi 11 not cause interference, pass through or contamination of the resulting
sludge, may have its discharge permit revoked and/or sewer connection severed
by order of the city manager.
{2~ The arder sha11 be signed by the city manager and shall specify
the nature and source of the violation. The arder shall be delivered or sent
by regular mai 1 to the address of the industrial user. The order may specify
the corrective actions to be taken and shall al 1 ow reasonable time for sati s-
factory correction. If the industrial user does nat correct the violation
within the time specified, or such additional time as may be allowed in writ-
i ng by the city manager, then the discharge permit shall be revoked and/or
the sewer connection severed as provided in the order. Correction of the
vial ati on shall not preclude assessment of monetary penalties.
{3 ~ The f i 1 i ng of an appeal pursuant to section 6.465 of this code
shall stay enforcement of the action by the city manager under this section
pending final administrative action on the appeal . This provision supplements
and does not restrict other provisions of this code, laws or regulations
authorizing termination of service for delinquency i n payment of fees or
charges.
Ordinance - 20
6.462 Industrial Pretreatment Pro ram -Public Notification of Si n i f i -
cant Noncompliance. The city shall publish i n a dai ly newspaper
____
with the 1 argent daily circulation i n the metropolitan area, not less than
annual 1 y, a 1 i st of those industrial users which during the previous 12
months were in significant noncompliance with sections fi.4DO to fi.410 of
this code or their discharge permits. This notification will su~nari ze en-
forcement action by the city during the same 12 months. For purposes of
this section, an industrial user i s i n significant noncompliance i f i is vi o-
l ati on meets one or more of the following criteria:
~a} Chronic violations of wastewater discharge limits, de-
fined herein as those in which fib percent or more of all of the
measurements taken duri ng a s i x month period exceed ~ by any magn i -
tude} the daily maximum 1 unit or the average l unit far the same
pollutant parameter;
fib} Technical review criteria ~TRC} violations, defined here-
i n as those i n which 33 percent or mare of al 1 of the measurements
for each pollutant parameter taken during a six month period equal
or exceed the product of the daily maximum 1 unit or the average
limit multiplied by the applicable TRC ~TRC=1.4 for BOD, TSS, fats,
oil and grease, and I.2 far al 1 other pollutants except pH} ;
~c} Any other violation of a pretreatment eff1 vent l imi t
~dai ly maximum or 1 anger-term average} that the city manager deter-
m~nes has caused, alone or ~n combination with other discharges,
interference or pass through ~ i ncl udi ng endangering the health of
city personnel or the general public};
~d} Any discharge of a pal 1 utant that has caused imminent
endangerment to human health, welfare or to the environment or has
resulted i n the city's exercise of its emergency authority under
section 6.450 of this code to halt or prevent such a discharge;
fie} Fai ] ure to meet, within 9o days after the schedule date,
a compliance schedule milestone for starting construction, complet-
ing construction, or attaining final compliance;
~f} Failure to provide, within 30 days after the due date,
required reports such as baseline monitoring reports, 9o-day com-
pl i once reports, periodic self -man i tori ng reports, and reports on
compliance with compliance schedules;
fig} Failure to accurately report noncompliance;
~ h } Any other violation or group of violations which the city
manager determines will adversely affect the operation or implemen-
tat~ on of the 1 ocal pretreatment program.
6, 463 Industrial Pretreatment Pro ram - Im 1 ementation. The city manager
i s authorized and directed to promulgate such rut es and regulations
as may be deemed necessary or proper to carry out the purposes or provisions
of section fi.400 to 6.410 of this code. Nothing in those sections shall pre-
vent the city manager from seeking judicial or governmental agency assist-
ance to implement the purposes and provisions thereof.
6.464 Industrial Pretreatment Pro ram -Administrative Penal t for Non-
Co~am l1 i once .
~ I } General 1 I n addition to any penalty or fine which may
Ordinance - 2I
otherwise be charged against any industrial user found to be i n violation of
any provision of this code, the city manager may impose a penalty on any such
industrial user far each day the industrial user has al l owed a di scharge i n
vi o1 ati on of section 6.410 of this code or i n excess of permit 1 imi~tati ons ar
otherwise has fai 1 ed to observe the requirements of its discharge permit.
The city manager may adopt a schedul a of graduated penalties based on the
1 ength or frequency of noncompliance.
~2} Basis of penal~t r. A noncompl i ance penalty may be 1 evi ed by
the city manager when ei ther a consti tuent limitation has been exceeded or a
compliance requirement has not been met.
~3} Constituent limitation. A constituent limitation is exceeded
when:
~a} The concentration of a restri cted substance i n any samp1 e
ar i n a serf es of samples taken during the appropriate time period
therefor, has exceeded limitations published by the city manager,
or any other limitation imposed by a discharge permit; or
fib} The pH of any sample is outside the permitted pH range,
or
~c} A coati nuous recording pH instrument indicates that the
pH of the i ndustri a1 discharge:
1. Is lower than 5.5 Or greater than 12.0 for more than
60 minutes i n any calendar day, or
~, Is lower than 3.5 far more than 15 minutes in any
calendar day, or
~d} The volume restrictions of a di scharge permit are ex-
ceeded .
~4} Com f i ance re ui rement. A compl i ance requirement has not been
met when any requirement established by the discharge permit or by any provi -
si on of sections 6.400 to 6.470 of this code, or by regulations pub1 i shed by
the city manager or by an order issued by the city manager other than acon-
sti tuent 1 imi tati on, has not been met, i nc1 udi ng a fai 1 ure to submit any re-
quired reports.
45} Col 1 ecti on procedure. Collection of the penalties determined
by the city manager shall be in the manner provided in this code for the col -
1 ect i on of sewer user charges, i n accordance with any other provisions of
this code, or in any other manner provided by law.
~6} Appeal. If the industrial user objects to the assessment of
any penalty provided by this section, the industrial user shall have all the
rights and shall proceed in compliance with the provisions of section 6.455
of this code,
~1} Penalties cumulative. The penalties provided i n this section
shall be i n addition to any other remedy that the city may have pursuant to
this code or i n any other manner provided by 1 aw.
6.465 Industrial Pretreatment,,,,,Program„_,,~,~,,,,Appeal s.
~ 1 } Reconsideration b~~ ci t mono er. Any person aggrieved by any
decision or action of the city manager may f i 1 e a wri tten request with the
city manager for reconsideration thereof within ten days of receipt of noti -
f i cat i on of such decision or action . The notice of appeal shall be an a
form provided by the city manager and shall set forth in reasonable detail
the decision or action appealed from and the facts and arguments supporting
the appellant's request for reconsideration. The city manager may establish
Ordinance - Z2
such procedures as may be deemed necessary or proper to conduct the rec~n-
sideration process. The fit ing of a request far reconsideration shall be a
condition precedent to the right to appeal to the Metropolitan Wastewater
Management Commission ~ MWMC } pursuant to subsection ~ 2 } of this section .
~2} A eal to Metro of itan Wastewater Mana event Co~nission. Any
person aggrieved by the final determination of the city manager may appeal
such determination to the MWMC. Written notification of such appeal shat l
be f i 1 ed with the MWMC and city manager within ten days after receipt of the
final determi nati an of the city manager. A fee established as provided i n
section 1.020 of this code shat 1 accompany the notice of appeal f i 1 ed with
the city. The notice of appeal shall be on a form provided by the MWMC and
sha11 set forth i n reasonable detai 1 the decision or action appealed from
and the facts and arguments supporting the appellant's request for reversal
or modification of the city manager's determination, The MWMC shall con -
duct a heari ng on the appeal according to procedures to be established by
the MWMC pursuant to paragraph 12 of the Intergovernmental Agreement. The
MWMC shal 1 submi t a copy of its findings and recommendations regarding the
appeal to the city counci 1 within ten days after the hearing . The city
counci 1 may hot d a heari ng on the recommendations and, i n any event, sha11
take action on the recommendations within 20 days after their f i 1 i ng.
6.410 Industrial Pretreatment Pro ram - Dama a to Facilities Correction
of Violations . Any person who violates sections 6.400 to 6.410 of
this code or a cond i t i on of a d i scharge permit, as a resu1 t of which the city
performs or causes to be performed preventive or corrective work or which
results i n damage to the city sewerage system shat 1 be 1 i abl a to the city
for such damage and the cost of such preventive or corrective work, addi -
ti anal treatment and for any penalties, including withholding of any grant
money, levied against the city for violation of state or federal permits re-
sul t i ng from said violation . The city may call ect such charges i n the manner
provided in this code for the collection of sewer user charges, in accordance
with any other provisions of this code, or in any other manner provided by
1 aw.
Section 2 . Subsections ~ 5} and ~ b} of Section 6.990 of the Eugene Code,
1971, are hereby amended and renumbered (6) and (7) respectively, and a new
Subsection ~ 5 } added thereto, t0 provide
6.990 Penalties - S ecific.
~5} Any person who violates any provision of sections 6.400 to
6, 410 of this code or any provi si an of a di scharge permit shat 1 be 1 i abl e
civilly to the city in a sum not less than $1,000 nor more than $2,500 for
each day i n which such violation occurs.
~6} Any person who knowingly:
~a} Violates sections 6, 400 to 6.410 of this code or any
provision of a di scharge permit, or
fib} Makes any fat se statement, representation or certi f i ca-
Ordinance - 23
ti on i n any application, record, report, plan or other document
filed or required to be maintained pursuant to sections fi.404 to
6.470 of this code ar a discharge permit or falsifies, tampers
with or renders inaccurate any monitoring device or method required
under sections 6.400 to fi.410 of this code or a di scharge permit,
shall, upon conviction, be punished by a fine of not less than $1,000 nor
more than $2, 500 or 3o days i n jail , or bath, for each day i n which such vi o-
l at i on occurs .
~1} The remedies provided far in sections fi,464 and fi.410 of this
code and subsections ~5} and ~fi} of this section shall be cumulative and not
exclusive and shall be i n addition to any and all other remedies the city
may have pursuant to this code or i n any other manner provided by 1 aw.
Section 3, The City Recorder, at the request of, or with the concurrence
of the City Attorney, is authorized to administratively correct any reference
errors contained herein, ar i n other provisions of the Eugene Code, 1911 to
the provisions added, amended ar repealed herein.
Section 4. That the matters contained herein concern the public health,
safety and welfare and therefore, an emergency i s hereby declared to exist,
and this Ordinance shall become effective immedi ately ~ upon its passage by the
City Council and approval by the Mayor, retention by the Mayor for more than
ten days, or readoption over a mayoral veto by two thirds of all members of
the City Council .
Passed by the City Counc i 1 th i s
8th day of July, 1991
/~~~.' /~
City Re rder
approved by the Mayor this
8th day of July, 1991
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ayor
Ordinance - z4