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HomeMy WebLinkAboutOrdinance No. 19940ORDINANCE N0. 19940 AN ORDINANCE REGARDING THE INDUSTRIAL PRETREATMENT PROGRAM; AND AMENDING SECTIONS 6.501, 6.506, 6.511, fi.516, 6.521, 6.52fi, 6.531, 6.536, 6.541, 6.546, 6.551, 6.556, 6.561, 6.56fi, 6.571, 6.51fi,~, y~'~ 6.581, 6.586, 6.591 THROUGH 6.59fi OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Sections 6.501, 6.5Ofi, 6.511, 6.516, 6.521, 6.526, 6.531, 6.536, 6.541, 6.546, 6, 551, 6.55fi, fi .561, 6.566, 6.511, 6.576, 6.581, 6.586, 6.591, and 6.596 of the Eugene Code, 1971 are hereby amended to provide: Industrial Pretreatment Pro ram 6.501 Industrial Pretreatment Pro ram ~ Decl arati on of Pol i c . ~1} The provisions of sections 6.501 to 6.596 of this code set forth requirements for the industrial discharge of pollutants into the city wastewater system. The objectives of these sections are to: ~a} Prevent the discharge of pollutants into the city wastewater system which wi 11 interfere with the operation of the system or contaminate the resulting sludge; fib} Prevent the discharge of pollutants into the city sewerage system which wi 11 pass through the system, inadequately treated, i nta receiving waters; ~c} Improve the opportunity to recycle and reclaim wastewater and s1 udge from the city wastewater system; ~d} Protect the health of the city's empl ayees world ng i n and around the city wastewater system. ~2} In achieving the objectives of sections 6.501 to 6.596 of this code i t shat 1 be the pot i cy of ~ the city to actively support the community's commerce and industry through accommodation, assistance and cooperation consistent with the city's respons i bi 1 i ty to protect the waters of the state from poll uti on and to secure the health, safety and welfare of the residents of the metropolitan area. ~3} Pollutants shall be accepted into the city wastewater system subject to regulations and requirements as may be promulgated by state and federal regulatory agencies or the city for the protection of sewerage facilities and treatment processes, public health and safety, receiving water quality and avoidance of nuisance. Pretreatment standards shall be developed to ensure that, at a minimum, the city and industrial users comply with Sections 3O1~b} and 301 ~ c } of the Federal Water Po11 ut i on Control Act, as amended by the Clean Water Act of 1911 and the regulations promulgated pursuant tv these sections of the Act, including but not limited to, 40 CFR Part 403 General Pretreatment Regulations} and 40 CFR Chapter I Subchapter N National Categorical Pretreatment Standards}. ~4} The city manager, i n carrying out the provisions of sections Ordinance - 1 6.501 to 6.596 of this code regarding industrial discharge of pollutants by industrial users into the city wastewater system necessary for the proper disposal of wastewater and stormwater from the city and adjacent territory, is authorized, i n his or her administrative discretion, to adopt and to promulgate as regulations any l aws of the state or the federal government i n accordance with the procedures of section 2.019 of this code. Discharge permit conditions shall be predicated on federal , state and 1 ocal regulations and requirements and on the results of analysis of the type, concentration, quantity and frequency of discharge including the geographical rel ati anshi p of the point of discharge to sewerage and treatment foci 1 i ti es. Discharge permits may include, but shat 1 not be 1 i mi ted ta, cond i t i an s pertaining to discharge standards, sel f mon i tori ng requirements, treatment methods, housekeeping practices, inventory storage, manufacturing methods, etc. , that are intended to protect the waters of the state. Permit conditions shat 1 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 shat 1 administer, implement, and enforce the provisions of sections 6.501 to 6.596 of this code to ensure that the city's pretreatment program complies with the objectives of sections 6.501 to 6.596 of this code, the applicable state and federal 1 aws and regulations and the city's policy to cooperate with the state and federal government. Crass references i n sections 6.501 to fi.596 of this code to other statutes and regulations are to the versions thereof in effect on November 1, 1993. 6.506 Industrial Pretreatment Program -Definitions. Unless the context rrw ~iowrii w~ ~imw~-nine. specifically indicates otherwise, the following terms and phrases, as used i n sections 6.501 to 6.596 of this code shal 1 have the following meanings: Act. The Federal Water Po11 uti on Control Act, also known as the Clean Water Act, 33 U.S.C. 151, et seq. Authorized representative of industrial user. An authorized representative of an industrial user sha11 be; ~a} A president, vice-president, secretary or treasurer in charge of a principal business function, ar any other person who performs similar policy ar decision-making functions for the corporation, if the industrial user is a corporation. ~ b} A general partner or proprietor i f the i ndustri a1 user is a partnership or sole proprietorship, respectively; or 4c} A duly authorized representative of the individual designated in ~a} or fib} provided the authorization specifies either an individual or a position have responsibility for the overall operation of the facility from which the discharge originates or a pos i ti on of equivalent responsibility or having overall responsibility for environmental matters for the company, i s made i n wri ti ng by an individual designated i n ~a} or fib} and such authorization is provided to the city prior to ar together with any reports signed by an authorized representative as provided i n 40 CFR 403.12 41 } or required by the city manager. BOD Biochemical ox en demand . The quantity of oxygen Ordinance - ~ util iced in the biochemical oxidation of organic matter under standard 1 aboratory procedure i n five days at 20 degrees Celsius expressed i n mi 11 i grams per liter. CFR. The referenced Code of Federal Regulations provision, C i t mana er. The city manager of the city of Eugene, or the city manager's designee. ~t writ __ ~_ ewater system. A treatment works as defined by section 212 of I ,~, .I~I. ,~,..~~~~~~~~~~.~~. the Act . This def i n i t i an includes any publicly owned sewer that convey wastewater to the treatment plant, whether or not a part of the regional sewerage facilities as defined i n the Intergovernmental Agreement executed by the cities of Eugene and Spry ngf ~ el d and lane County as of July 1, 1991 ~ I ntergovernmental Agreement } , but does not include the city stormwater system. Cansti tuent. Any pal l utant regulated by section fi, 501 to fi. 596 of this code or by any permit issued pursuant to secti an fi. 551 of this code, or any volume d i scharge l i mi is established by a permi t issued pursuant to section 6.551 of this code, Cool _ng water, The water discharged from any use to which the only pollutant added is heat. Dom. The Oregon Department of Environmental Quality. Di schar e. The deposi t of pal 1 utants into the city wastewater system, whether deliberate or as an unintended result of any action ar failure to act, Di schar a ermi t. A wastewater discharge permit or a mobi 1 e waste hauler permit. Domestic waste. Wastewater derived from ordinary living processes, free from process wastewater and which will permit satisfactory disposal without special treatment into the city wastewater system. EPA. The United States Environmental Protection Agency. Immediate or Immedi atel Immediate or immediately means as soon as reasonably possible but i n no event 1 onger than 24 hours. Industrial user. Any person, i ncl udi ng a mobi 1 e waste hauler, who discharges wastewater from a source other than a single or multiple dwelling unit directly connected to the city wastewater system. Interference. A di scharge which, alone or i n conjunction with a discharge or discharges from other sources, either: ~a} Inhibits or disrupts the city, its wastewater system treatment processes or operations, ar its sludge processes, use ar disposal ; or fib} Is a cause of a violation of any requirement of the city's NPDES permit ~ i ncl ud i ng an increase i n the magnitude or duration of a violation} or of the prevention of sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder for more stringent state or 1 ocal regulations } ; 5ecti an 405 of the Cl can Water Act, the Soli d Waste Disposal Act ~SWDA} including title II, more commonly referred to as the Resource Conservation and Recovery Act ~RCRA}, and including state regulations contained i n any state sludge management p1 an prepared pursuant to Subt i ti e D of the SWDA} , the C1 can Air Act, the Toxic Substances Control Act, and the Marine Ordinance - 3 Protection, Research and Sanctuaries Act or regulations pramul gated by the city manager. Mobile waste hauler. A person who, by contract ar otherwise, collects wastewater, i nc1 udi ng domesti c waste and septage waste, for transportation to and discharge into any portion of the city wastewater system. "Domestic waste" and "septage waste" as used herein have the meaning found in section fi.506. Mobile waste hauler aermi t. A permi t issued pursuant to :~~~• ~ 1 Iii I Ilili~ili~~ section 6.551 of this code. NPDES permit . National Pol 1 ut i on Discharge E1 i mi nati on System permit issued pursuant to ORS 468.140 and the Act. New si ni f i cant industrial user. Any person discharging from any bui 1 di ng, structure, facility or installation source} , the construction of which commenced after the publication of proposed pretreatment standards under section 301 ~c} of the Act which wi 11 be applicable to such source i f such standards are thereafter promulgated i n accordance with that section, provided that: ~a} The building, structure, faci 1 i ty ar installation i s constructed at a site at which no other source is located; or fib} The bui 1 di ng, structure, faci 1 i ty or installation totally replaces the process or production equipment that causes the discharge of pol 1 utants at an existing source; or ~ c } The production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site . I n 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 faci 1 i ty i s engaged i n the same general type of activity as the existing source should be considered. Construction on a site at which an existing source is located results i n a math f i cati an rather than a new source i f the construction does not create a new bui 1 di ng, structure, faci 1 i ty or instal 1 ati on meeting the criteria of paragraphs fib} or ~c} of thi s paragraph but otherwise alters, replaces, or adds to existing process ar production equipment. Construction of a new source as defined under this paragraph has commenced i f the owner or operator has: ~d} Begun, or caused to begin as part of a continuous on- site construction program: 1. Any placement, assembly, or installation of facilities or equipment; ar 2. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary far the placement, assembly, or installation of new source facilities or equipment; or fie} Entered i nto a bi ndi ng contractual obligation for the purchase of faci 1 i t i es or equipment which are intended to be used i n its operation within a reasonable time. Options to purchase or contracts which can be terminated ar modified without substantial loss, and contracts for feasibility, engineering, and design studies Ordinance - 4 do not consti tute a contractual obligation under this paragraph . Pass ,,,through. A discharge which exits the city wastewater system i nto ~~~~ water of the United States or state i n uanti t i es or q . concentrat ~ ons wh ~ ch, alone or ~ n conjunct ~ on w~ th a d ~ scharge or discharges from other sources, i s a cause of a vi of ati on of any requirement of the city wastewater system NPDES permit ~ i ncl ud i ng an ~ ncrease ~ n the magn ~ tulle ar duration of a vi of ati on ~ . Person. Any individual., partnership, joi nt-venture, firms company, cooperative, corporation, association, joint stock company, trust, ,estate, governmental entity or any other 1 egal entity. The mascul ~ ne gender shall ~ ncl ude the feminine and the singular shat l include the plural . ~H. The logarithm of the reci proca1 of the weight of hydrogen ~ ons ~ n grams per liter of solution. Pollutant . Any element ar compound discharged into the city wastewater, system except water unless the water has been heated, cooled or ~ rrad ~ ated . Pollution . The alteration of the chemical , physical , biological or radiological state of water. Pretreatment . The reduction or elimination of pol 1 utants i n wastewater prior to discharge. Process wastewater. Water which, during manufacturing or processing, comes into contact with or results from the production of or use of any raw material, intermediate product, finished product, byproduct or waste praduct. Restricted substance. Pollutants 1 i sted i n section 6.511 of this code, or as prescribed by the city manager pursuant to section 6.516 of this code. Sa m-ple. Any portion of wastewater representing a discharge, which may be a grab sample, or a compos i to of several sampi es representing the sewer discharge over a period of time. Septag,e, waste. Domestic waste extracted from a sewage containment system. SIC number. A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Off ice of the President, Office of Management and Budget, 1912. Si gn i,f i cant ~,ndustri al user. Any industrial user which In-nine ~ a~ ~ Ills sub j~ect tlo categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N or rules promulgated by the city manager, or ~ b} Has significant amount of toxic pollutants i n its wastewater, as determined by the city manager, Or ~c~ Discharges an average of at least 25, 000 gallons per day of wastewater excluding domestic wasted in any period of 1Z consecutive calendar months, or ~d} , Discharges water, including wastewater, which an any day ~ n any per od of 1 ~ consecut ~ ve calendar months canst i tutes at least five percent of the average daily dry weather hydraulic or organ i c capacity of the city wastewater system, or fie} Is determined by the city manager to have a reasonable potential for adversely affecting the city wastewater system's operation or for violating any pretreatment standards. S1 u load. Any discharge Of a non-routine episodic nature, Ordinance - 5 including, but not 1 imi ted to, an accidental spi l 1 or a non-customary batch discharge. standards . The 1 i mi tati ons and requirements estab1 i shed by federal , state and local laws and regul ati ans for discharges to the city wastewater system. Suspended sal i ds . The total elements and compounds which float on the surface of, yr are suspended i n, wastewater and which are remvvabl a by laboratory f i 1 trat i an . Toxic ollutant. Any pollutant or combination of pollutants identified pursuant to section 307 ~ a} and section 50Z of the Act or otherwise 1 i steel as toxic i n regulations previously promulgated by the EPA, or as identified by the city manager. Wastewater. liquid or water-carried pollutants including any stormwater that may be present, whether treated or untreated, which i s discharged, f 1 ows, or i of i 1 trates into the city wastewater system. Wastewater dischar a ermit. A permit issued pursuant to section 6.551 of this code. 6.51I Industrial Pretreatment Pro ram -General Dischar a Prohibitions. No industrial user shal 1 discharge any pol 1 utant i n a quant i ty which wi 11 harm the health of the city's empi oyees working i n and around the city wastewater system, interfere with the operation or performance of the city wastewater system, or cantami Hate the resulting sludge, or wi l 1 pass through the system inadequately treated, into receiving waters, including but not 1 imi ted to any of the fo11 owi ng substances : ~a} Any 1 iquids, solids or gases which by reason of their nature or quantity are, or may be sufficient either alone or in combination with other pol 1 utants to cause fire or explosion or be injurious in any other way to the city wastewater system or its operat i ans, including, but not limited to, gasoline, kerosene, naphtha, benzene, toluene, xyl ene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, prechl orates, bromates, carbides, hydrides and su1 f i des s wastestreams wi th a cl osed cup fl ashpoi nt of less than 14g degrees Fahrenheit or 60 degrees Centigrade using the test methods specified by the city manager. At no time shall two successive readings on an exp1 asi on hazard meter, at the point of discharge for at any point in the city wastewater system} be more than five percent nor any single reading over ten percent of the lower explosive 1 imit of the meter. ~ b} Pol 1 utants which result i n the presence of taxi c gases, vapors, or fumes within the city wastewater system in a quantity that may cause acute worker health and safety problems. ~c} Any trucked or hauled pollutants, except at discharge points designated by the city manager. ~d} Solid ar viscous substances which either alone ar i n combination with other pot i utants may cause obstruction to the flow in a sewer or other interference with the operation of the city wastewater system such as, but not 1 invited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, Ordinance - 6 antral 1 s, whole blood, feathers, ashes, cinders, sand, spent 1 ime, stone or marble dust, metal , glass, straw, shavings, grass c1 i ppi ngs, rags, spent grains ar hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes, fie} Any wastewater having 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/or personnel of the city wastewater system, ~ f } Any wastewater containing pal 1 utants which, either alone or i n combination with other poll utants, may injure or interfere with any wastewater treatment pracess, constitute a hazard to humans or animals, creates a toxi c effect i n the receiving waters of the city wastewater system or exceeds any 1 i mi tat i on set forth i n a National Categorical Pretreatment Standard or any other pretreatment standard. ~g } Any noxious or malodorous 1 i qu i d, gas or solid which, either a1 one or i n combination with other pollutants, i s sufficient to create a public nuisance or hazard to life or is sufficient to prevent entry into the city wastewater system for maintenance or repair. ~h} Any pollutant which may cause the city wastewater system's effluent or any other product of the city wastewater system such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reci amat i on process . ~i} Any pollutant which will cause the city to violate its NPDES permit. ~ j } Any wastewater with objectionable color not removed i n the treatment pracess, such as, but not 1 united to, dye wastes and vegetable tanning solutions . ~k} Any wastewater having a temperature which will inhibit biological activity in the treatment plant or stimulate excessive biological activity i n the city wastewater system, but i n no case wastewater wi th a temperature at the point of discharge into the city wastewater system which exceeds 65 degrees C ~ 15o degrees F} or with a temperature which exceeds 4o degrees C X104 degrees F} at the regional treatment works plant influent . ~1} Any wastewater containing any radioactive wastes or isotopes of such half 1 i fe or concentration as may exceed 1 uni is established by the city manager or applicable state or federal standards . gym} Any unpolluted water, i nc1 udi ng, but not 1 i mi tad to, non-contact coaling water, or stormwater. fi.516 Industrial Pretreatment Pro ram -Pretreatment Standards Restricted Substances. No industrial user shall discharge wastewater containing restricted substances into the city wastewater system, i n excess of 1 i mi tat i ons specified by conditions of its discharge permit or published by the city manager. The city manager shall publish and revise from time to time rules which designate and establish 1 units for restricted substances. At all times these rules shall cover and be at 1 east as strict as those for pollutants as defined i n state or federal regulations . Discharge 1 i mi is or rules i n effect and incorporated into any discharge permit shall remain i n effect for that permit until i t expires, except as modified as provided i n section 6.551 of this code. Ordinance - 1 6.521 Industrial Pretreatment Pro ram -Excessive Dischar e. No industrial user shall increase the use of process water or, i n any way, attempt to di 1 ute a di scharge as a parti al or complete substitute for adequate pretreatment to ach ~ eve compl ~ once w~ th the standards contained i n sections 6, 501 to 6.596 of this code. 6.56 Industrial Pretreatment Pro ram -Accidental Dischar es. Industrial users shall provide protection from accidental discharge of prohibited or regulated materials or substances established i n this section . Where deemed necessary by the city, f ac i 1 i ti es to prevent accidental discharge of proh ~ b~ ted maters al s shat 1 be provided and maintained at the industrial user's cost and expense. An accidental spi 11 prevention plan ASPP} showing facilities and operating procedures to provide this protection shall be submitted to the city for review and approval before implementation. The city shall determine which industrial user i s required to develop an ASPP and require that industrial user to submit the ASPP within 60 days after notification by the city. Each industrial user shall implement its ASPP as submitted after such ASPP has been reviewed and approved by the city. Review and approval of such plans and aperat i ng procedures by the city shat 1 not relieve the industrial user from the responsi bi 1 i ty to modify its facility as necessary to meet the requirements of sections 6.501 to 6.596 of this code. 6.531 Industrial Pretreatment Pro ram -Notice of Dischar es. ~1} Telephone notice. Any industrial user or employee thereof becoming aware of a di schargell~l~~whi ch: ~ a} Could cause interference or pass through, i nc1 udi ng any slug l vad; ar fib} Violates sections 6.501 to 6.596 of this code, shall report such discharge immediately by telephone to the city manager. Prompt notification of such discharges will allow the city to take necessary precautions to minimise hazards and to prevent damage to the receiving waters, thereby avoiding or mi nimi Zi ng discharge violations and fines from state and federal regul story agencies and the city. The notification shat 1 i nc1 ude the location of the discharge, type, concentration and volume of pollutant discharged and corrective actions proposed and/or taken . . ~z} Written notice. Within five days following such a discharge, the ~ ndustr~ al user shall subm~ t to the c~ ty manager a detai 1 ed written report describing the cause and location of the discharge, the type, concentration and volume of pollutant discharged, and any hazards which may be posed to life or property and the measures taken or to be taken to prevent similar future occurrences. ~3} Advance notice. An industrial user shall promptly notify the city manager i n advance of any substantial change i n the volume or character of pollutants i n its discharge, including hazardous wastes for which the industrial user has provided initial noti f i cati an under section 6.536 of this code. ~4} Notice to, employees. Each industrial user subject to section 6.551 of this code shall permanently post a noti ce on its bul 1 eti n board or other prominent place advising employees whom to call in the event of a discharge covered by subsection ~ 1 } of this section. Empi oyers shad ensure that al l employees who may cause or suffer such a di scharge to occur or who are l i kely to detect such discharge are advised of the emergency notification procedure. Ordinance - 8 6.536 Industrial Pretreatment Pro ram - Notice of Hazardous Waste Dischar e. ~ 1 } Local notice an,d pri„or approval ^ Prior to the discharge of any substance referenced ~~~~n~subsection ~2} of this section, the industrial user shall obtain prior written approval from the city manager for such discharge. The wry tten request for pri or approval shat l include the name of the hazardous waste as set forth i n 40 CFR Part 261, identification of the hazardous constituents contained i n 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,,,,not i ce requ „r,ements . Industrial users shat 1 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 wastewater system of a substance, which, i f otherwi se 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 4D CFR Part 261, the EPA hazardous waste number, and the type of discharge ~conti nuaus, batch or other} . If the industrial user discharges more than 100 kilograms of such waste per calendar month to the city wastewater system, the notification shal 1 also contain the fol 1 owl ng information to the extent such ~nformati on ~ s known and readily oval 1 abl a to the industrial user: ~ a} An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration 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 following 12 months, Industrial users who commence discharging after December 31, 1991 shall provide the notification no later than 180 days after the discharge of the 1 i steel or characteristic hazardous waste. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted under section 6.4303} of this code. The notification requirement in 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 ~~} of this section during a calendar month in which they discharge na mare than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 4D CFR 261.30~d} and 261.33~e}. Discharge of more than 15 kilograms of non ~ acute hazardous wastes i n a cal endar month, ar of any quantity of hazardous 'wastes as specified i n 40 CFR 261.30 ~d } and 261.33 fie} , requ~ res a one-time note f ~cat~ on. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification. ~4} New re u1ations, In the case of any new regulations under section 3001 of the Resource Conservation and Recover Act identifying addi ti anal characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the city manager, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 9D days of the effective date of such regulations . Ordinance - 9 ~ 5 } Certification . In the case of any notification made under th i s section, the industrial user shall certify that i t has a program i n place to reduce the val ume and toxicity of ha~ardaus wastes generated to the degree i t has determined to be econami cal 1 y practical . fi.541 Industrial Pretreatment Prog,r,am -Agreements. Nothing contained in ^ mw i i i.nnnnri.r ~~rirnirr~ sections 6, 501 to 5.521 of this code shal 1 be construed to roh i bi t ,p an agreement between the c~ ty and any person whereby a d~ scharge why ch waul d otherwise be proh~b~ted by sections 6.5e1 to 6.596 of this code may be admitted to ,the city wastewater system. Such an agreement may be made when, i n the op~n~an of the city manager, spedal circumstances justify such agreement, provided that no interference ar pass through results from the discharge and no 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. ' Pretreatment Program -Fees. 5 _L_n d u s t r~ a l ~~~~ ~.~~„ ~.,,~,.~~,r.~~~~r ,.~.~r,.,~r~ __ ~ 1 } Pur ose. It i s the purpose of this section to reduce the 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 wastewater system who are subject to section fi. 551 ~ 1 } ~ a} of th i s code for certai n services . The applicable charges or fees shall be set forth i n a schedul a of fees established as provided in section 2.020 of this code. ~ 2 } Fees . When adopting fees as provided i n subsect i vn ~ 1 } of th i s section the city manager may adopt fees to reduce the city's cyst of providing the follaw~ng services: ~a} Setting up and operating the pretreatment program; ~ b} Sampling, monitoring, inspections and survei 11 once procedures; ~c} Reviewing accidental discharge procedures and central; ~d} Reviewing and acting upon permit applications; and fie} Other services as the city manager may deem necessary to carry out the requirements contained in sections 5.501 to 6.595 of this code. fi.551 Industrial Pretreatment Pro ram -Administration. ~1} General. ~a} Monitorin facilities. When required by the city manager, the i ndustri a1 user shall install and maintain at its expense a sui tabl a control accesshol a to foci 1 i tote observation, sampling and measurement of wastewater being discharged. Such accesshol a shall be 1 orated, i f feasi bl e, where it i s accessi bl e from a publ i c road or street. It shall be constructed i n accordance with plans and at a 1 ocat i on approved by the city manager and shat l be arranged so that flow measuring and sampling equipment and a shutoff gate or a screen may be conveniently installed by the city. fib} Ins ecti,on and, sam 1 in . The city may inspect the face 1 ~ t~ es of any ~ ndustri al user as often as deemed necessary ~ s i gn i f i cant industrial users shawl d expect to be inspected no 1 ess often than at least one to four times annually} to ascertain whether the provisions of sections 6.501 to 5.596 of this code are being complied with. The owner, operator or agent i n charge of the Ordinance - 10 premises shat 1 al 1 ow authorized representatives of the city, state and EPA access at all reasonable times to all parts of the premises where wastewater related facilities are located or in which records required by this code are kept for the purpose of the performance of any of their duties, including but not 1 imi ted to, inspection, observation, photographing, sampling, and/ar records copying and exams nat~ on. The c~ ty, state and EPA shall have the right to set up on the industrial user's property such devices as may be necessary or proper to conduct sampling, observation, inspection, compliance monitoring and/or metering operations. The industrial user shat 1 make arrangements with its employees so that upon presentation of they r credent~ al s, representatives from the city, state yr EPA wi 11 be permitted to enter, without delay, for the purpose of performing their responsibilities. ~c} Pretreatment facilities. An industrial user may be requ ~ red to ~ n stal l pretreatment faci 1 i t i es or make plan or process mod i f i cati vns as deemed necessary by the city manager to meet the requirements of sections 6.50I to 6.596 of this code. Whenever such faci 1 i ti es or modifications are required, they shat 1 be constructed, installed, operated and maintained at the expense of the industrial user and i n a manner and within the time prescribed by the city manager to enable the city to comply with all state and federal regulations or to protect the city wastewater system or treatment process. The industrial user shall maintain records indicating routine maintenance check dates, cleaning and waste removal dates and means of disposal of accumulated wastes. Such records shat ] be retained for a minimum of three years and shall be subject to review i n accordance with subsection ~ 1 } ~ a} of this section . Approval of proposed faci 1 i t i es or mad i f i cat i on s by the city manager wi l 1 not i n any way guarantee that these faci 1 i ti es or modifications wi 1 l function i n the required manner ar attain the required results, nor shall it relieve an industrial user of the responsibility of enlarging or otherwise modifying or replacing such facilities to accomplish the intended purpose and to meet the appl i cabl e standards, limitations and conditions of sections 6.501 to 6.596 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, permits and monitoring programs shall be avai 1 abl a to the public and other governmental agencies without restriction 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, OR5 192.410, et~seq. Notwithstanding anything herein to the contrary, al 1 such data shall be avai 1 abl a at 1 east to the extent necessary, to permit the city manager to ensure compliance with sections fi.501 to 6.596 of this code as wel 1 as the requirements of 40 CFR section 2.302. When confidentiality is requested and the right thereto i s established by the industrial user, the confidential information shal 1 not be made available for inspection by the public but may be made avai 1 abl a upon written request to governmental agencies for uses related to secti ans b.50 to 6.596 of this code, the NPDES permit, or pretreatment programs . However, al 1 portions of a report shall be available for use by the city, state Ordinance - 11 or any state agency or federal agency in judicial ar enforcement proceedings involving the person furnishing the report. ~~} Wastewater dischar a ermits. ~ a} General . Every significant industrial user shal 1 secure a wastewater discharge permit f ram the city. Any discharge by a significant industrial user wi thout a permi t i s a vi o1 ate on of th i s code except as provided i n subparagraph ~ b} of this subsect i an . fib} A 1 i cote on. An existing industrial user which wi 11 become a s i gn i f i cant industrial user upon establ i sh i ng a new point of discharge, ar make ng a substanti al change i n the volume or character of its discharge or process, shall apply for a wastewater discharge permit at least 90 days prior to establ i sh i ng a new discharge point ar making such change in discharge or process. Any such action by the industrial user wi thout a permi t i s a vi of ate on of sections fi.501 to 6.596 of this code. Any other existing industrial users shall apply for a wastewater discharge permi t within seven days of become ng a s i gn i f i cant industrial user and may continue to discharge until the earlier of, the denial of the application or the passage of 90 days without permit issuance. Thereafter, any further discharge shall be a violation of sections 6.501 to 6.596 of this code. New significant industrial users shall apply for a wastewater discharge permit at 1 east 90 days pre ar to the earlier of connecting to the city wastewater system or discharging. Any discharge by a new significant industrial user wi thout a permi t i s a v i of at i on of sections 6.501 to fi . 59fi of th i s code. An existing significant user proposing to establish a new point of discharge or make a substantial change in the volume or character of its discharge or process, shall apply far an amended permit and may discharge only i n conformity with its existing permi t 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 include the following information: 1. Name, address, telephone number and authorized representative 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 list of wastewater pollutants and thei r characteristics actually or patents al ly discharged at the app1 i cabl a plant site including measured or estimated dal 1 y average and daily maximum concentrate ans of these pol 1 utants; 5. A descri pti on of spill prevention measures or plans which are currently in place in the plants 6. Water use and wastewater flaw rates, including maximum daily, average daily, average monthly and seasonal variations, i f any; 1. A detai 1 ed site, f1 oor, or plumbing plan showing the size and location of all sewers, sewer connections and appurtenances, or any other facilities designed to help the applicant i n meeting sections 6.501 to fi. 596 of this chapter; 8. A description of activities, facilities and plant processes on the premises i ncl ud i ng a general description of types and quantities of all materials which are or cau1d be discharged into 'the city wastewater system; Ordinance ~ 12 9. A statement regarding whether or not compliance i s being achieved with sections fi.5v1 to fi.59fi of this code on a consistent basis and i f not, whether additional operation and maintenance activities and/or additional pretreatment is required for the applicant to comply with sections fi.5o1 to fi.596 of this code; 10, Where additional pretreatment and/or operation and maintenance activities wi 11 be required to comply with sections fi.5a1 to 6.59fi of this code, the applicant shall prov i de a compl i ante schedule consisting of a decl arat i on of the shortest schedule' by which the applicant wi 11 provide such additional pretreatment and/or implementation of add i t i anal operati anal and maintenance activities. a. The schedul a shat 1 contai n mi l estone dates for the cormnencement and completion of major events leading to the construction and operation of additional pretreatment required for the applicant to comply with the requirements of this division including, but not 1 i mi ted to, dates relating to hiring an engineer, completing pre1 i mi nary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with sections 6.501 to 6.59G of this code. b. Under no circumstances shall a time increment for any single step directed toward compliance which exceeds nine months be permitted, c. Not later than 14 days following each milestone date i n the schedule and the final date for compliance, the applicant shal 1 submi t a progress report to the city, including at 1 east, a statement on whether or not the applicant .campl i ed with the increment of progress represented by that milestone date and if not, the date on which i t expects to comply with thi s increment of progress, the reason far delay, and the steps being taken by the applicant tv return the construction to the approved schedule. 1n no event shall more than nine months elapse between such progress reports to the city. 11. A 1 ist of each product produced by type, amount, process or processes, and rate of production; 12 . A 1 i st of the type and amount of raw materi a1 s uti 1 i red including chemicals used i n process which may be discharged to the city wastewater system average and maximum per days; 13. Any pertinent special agreements between the applicant and the city concerning treatment of discharges, special user charges or rates, or any other information deemed necessary by~the city manager; 14. The application shall be signed by an authorized representative of the industrial user; The city manager will evaluate the data furnished by the applicant and may determine that additional information or sampling of wastewater characteristics is necessary. If such a determination is made, the app1 i cant, unless the time period i s extended, wi 1 l be Ordinance - 13 given 3o days to provide the required information or sampling. If i t i s nit pray i ded within the designated time period, the application shall be denied. After determining that the submitted application contains all of the information required by this subsection, the city manager wi 11 cans i der the submission, any additional evidence that may have been requested, and any other avai 1 abl a information relevant to the application. If the city manager determines that the proposed discharge meets the requirements of sections 6.501 to 6.596 of this code, the city manager will, within 30 days after determining that the app] i cat i on i s complete, i ssue a wastewater discharge permit subject to appropriate conditions. Any application determ~ ned by the c~ ty manager to be comp] ete shall cansti tute compliance with baseline monitoring report requirements under 40 CFR 403.12 ~ b } . ~c} Modification of ermit. Conditions included in a wastewater discharge permit shall remain in effect for that permit until 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 effectively implement the pretreatment program, as required by city, state or federal standards ar in order to effectuate the objectives of sections 6.501 to 6.596 of this code, and the city's policy to cooperate with the state and federal government or to meet any emergency. The fpermi t holder shall be, i nformed of any proposed changes ~n its permit at least 30 days prior to the effective 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 shat 1 apply for permit reissuance a minimum of 9a days prior to the expiration of its existing permit i f i t desires to continue to discharge. fie} Candi ti ons. Wastewater discharge permits shat 1 be expressly subject to. all provisions of sections 6.501 t0 6,596 of this cede. Where applicable, permits shall contain the following conditions: 1. Payment of applicable fees; Z. Limits on the average and maximum discharge of restricted substances, including mass 1 imi ts; 3. Limits on average and maximum rate and time of discharge or requirements for flow regulators and equalization; 4. Requirements for installing and maintaining pretreatment, inspection or monitoring sampling facilities; 5. Specifications for monitoring and sampling programs which may include monitoring sampling locations, frequency of monitoring, sampling, number, types and standards for tests and reporting schedules; 6. Compliance schedules; 7. Requirements for submitting technical reports or discharge reports; S. 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 discharge of a restricted substance or any substantial change i n the volume ar character of the wastewater or any restricted substances being discharged into the city wastewater system; Ordinance W 14 1D. Requirements for notifying the city within two business days after a permi t ho~l der has a reasonabl a basis to know that the production 1 eves wi 11 significantly change within the next calendar month, and that without such notification, a permit 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 for i mined i atel y not i fyi ng the city of slug load discharges; 12 . Requ~ rements that the permit holder notify the city of any disposal of wastewater i n excess of 500 gal 1 ons to any person i n any period of 12 consecutive calendar months; 13. Authorized points of discharge and regulated processes; 14 . Requirement for i wed i atel y notifying the city manager where self -monitoring results indicate nvncompl i ance; 15. Requirement to report a bypass or upset of a pretreatment foci 1 i ty; . 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 becoming aware of the violation; 11. Statement of applicable ci v i 1 and criminal penalties for violation of pretreatment standards; and 18. Other conditions as deemed appropriate by the city manager to achieve camel i ance with sections 6.501 to 6.596 of this code. ~ f } Transfer. A wastewater discharge permit shall be issued to a spec i f i c significant industrial user for a sped f i c operation . A wastewater discharge permit shall not be assigned, transferred or sold without the approval of the city manager. Any successor significant industrial user shat 1 agree to compl y wi th 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. fig} Anal sis and re ortin re uirements. Permit holders wi 11 be required to submi t ~ i nformat i on, certifications, camel i ance schedules and samples of discharges or perform such tests and report 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.fi~c}~7}; 2. When requested by state or 1 ocal public agencies; or 3. When deemed necessary by the city manager far the proper treatment, analysis or control of discharges . A11 such tests and reports shall be at the cost of the permi t hot der. The city shat 1 have the right to implement and enforce the provisions of 40 CFR Sec. 403.12 and 4D3.6~c}~1} by order of the city manager. When deemed necessary by the city manager, a permit holder may be required to obtain, instal 1, operate and maintain an automatic sampler, analyzer or f 1 ow 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 manager shall require all analysis related to any permit to be Ordinance - 15 performed in accordance with the procedures established by the EPA pursuant to Section 304~g} of the Act and contained in 40 CFR Sec. 13fi or other applicable analytical procedures approved by the EPA. To the degree practicable, the city manager wi 11 provide each permit holder or applicant with information on applicable local , state and federal wastewater analysis and reporting requirements, provided, however, that any fai 1 ure to do so shall not excuse the permit holder from compliance with said requirements . {3} Mobi„l,e, w~„hauler ,,,,,,erm_ is . ~ a } Permit , r„equ i red , Any person proposing to be a mob i l e waste hauler and any person the city manager has determined i s likely to be a mobi l e waste hauler shat l secure a mobi l e waste hauler discharge permit from the city. Any discharge by a mobi 1 e waste hauler wi thout a permi t i s a vi of at i on of sections 6.501 to fi . 59fi of this code except as provided i n subparagraph t b} of th i s subsection . fib} Appl i ca„t„ion. Any existing mobi 1 e waste hauler shal 1 apply for a mobile waste hauler discharge permit within 3o days after becoming subject to the requirements of subparagraph ~a} of the s subsect~ on. Any new mobi l e waste hauler subject to the requirements of subparagraph ~a} of this subsection shall apply at 1 east 30 days prior to its i n i ti a1 discharge. Applications shal 1 be made to the city manager in writing on forms provided by the city and shal 1 ~ ncl ude the fol 1 owe ng ~ nformati on 1. Name, address, telephone number and authori Zed representative of the applicant; ~. SIC number and other state or federal 1 i cense numbers; 3 . A 1 i st of environmental control permits held by or for the applicant; 4. A description ~ of spill prevention measures or plans which are currently in place for use during storage ar discharge of wastewater; 5. A description of activities and methods of collection, transportation, storage and discharge of wastewater, a descri pti on of transportation and storage f ac i 1 i t i es, and a general description of types and quantities of all materials which are or could be discharged; and fi. Proaf of adequate general 1 iabil ity and property damage insurance. The city manager shal 1 evaluate the data furnished by the applicant and may determine that addi t i anal information or sampling of wastewater characteristics is necessary. If such a determination is made, the applicant, unless the time period i s extended, will be given 30 days to provide the required information or sampling . I f i t i s not provided within the designated time period, the application shat l be denied . After determining that the submitted appl i cati an contains al 1 the information required by thi s subsection, the city manager shall consider the submission, any additional evidence that may have been requested and any other avai 1 abl a information relevant to the application . I f the city manager determines that the proposed discharge meets the requirements of sections b,501 to fi,59~ of this code, the city manager shall, within 3o,days after determining that the application ~ s complete, ~ ssue a mobi 1 e waste hauler discharge permit subject to 4rdi Hance - lfi appropriate conditions, ~c} Modification of ermit. Conditions included in a mobile waste hauler discharge permit shall remain i n effect for that permi t unti 1 i t expires, except that they may be revised by the city manager whenever the city manager deems a rev i s i on i s necessary i n order to effectively implement the pretreatment program, as required by city, state or federal standards in order to effectuate the objectives of sect i ans 6, 501 to 6.596 of this code, and the policy of the city to cooperate with the state and federal government or tv meet any emergency. The permit hal der shall be informed of any proposed change i n its permit at 1 east 30 days prior to the effective date of change except i n the event of an emergency. 4d} Duration. Permits shall be issued for a specified time period, not to exceed three years . The permit holder shall appl y for permit re i ssuance a mi n i mum of 90 days prior to the expiration of its existing permit i f i t desires to continue to discharge. fie} Conditions. Mabi 1 e waste hauler discharge permits shal 1 be expressly subject tv all provisions of sections 6.501 to 6.596 of this code. Mobi 1 e waste hauler permits shal 1 contain the fol 1 owi ng conditions: 1. Payment of applicable fees; Z . Limits on the average and maxi mum discharge of restricted substances; 3. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; 4. Compliance schedules; 5 , Requirements for submission of technical reports or discharge reports; 6. Requirements far notification of the city of any new introduction of restricted substances or any substantial change i n the volume or character of the wastewater or any restricted substances being discharged; 1. Requ i rement.s that the permit hot der notify the city of any disposal of wastewater i n excess of 500 gal 1 ons to any other person i n any period of 12 consecutive calendar months; - 8. Requirements for insurance coverage for all activities subject to the provisions of sections 6.501 to 6, 596 of this code; 9. Requirements that the permit holder retain a copy of a vat i d mobile waste hauler discharge permit i n each vehicle used for transportation of wastewater, and present that permit to any empl oyee~ of the city authari zed to inspect the mobi 1 e waste hauler discharge permit; 10. Requirements that ~ the permit holder present a manifest of origin of all wastewater proposed far discharge; 11. Requirements that the permi t hol der di scharge only at the designated discharge point and at designated times; 12 . Requirements that the permit holder remove or otherwise clean up al 1 spi 11 ed material ar waste after discharge and that the permit hot der agree to pay any publ i c agency which provides assistance in such clean up or which ordinance - 11 performs such clean up after a fai 1 ure by the permit hot der to comply, an amount representing twice the amount of the actual expenditures of the public agency for 1 abor and materi a1 s necessary to clean any spi l 1 ed waste; 13. Requirements that the permit holder apply in writing on approved forms for permission to discharge any wastewater containing any restricted substance or wastewater containing any substances other than domestic ar septage waste and prav~de the operator of the treatment foci 1 i ty at 1 east Z4 hours' notice of proposed time of delivery of any such approved waste; and 14. Other conditions as deemed appropriate by the city manager to achieve compliance with sections fi.50I to 6.595 of this code . ~f } Transfer. A mobi 1 e waste hauler discharge permit shat l be ~ s sued to a spec ~ f ~ c mobi 1 e waste hauler fora spec i f i c operation. A mobi 1 e waste hauler discharge permit shall not be assigned, transferred or sold without the approval of the city manager. Any successor mobile waste hauler shat 1 agree to compl y with the terms and cond~t~ons of the ex~st~ng permit as a condition precedent to the approval by the city manager of a transfer, sale or assignment of the permit. ~g } Anal s i s and re o~rt i n re u i rements . Permit holders shall be required to submit information, certifications, compliance schedules and samples of discharges or perform such tests and report such test results to the city manager as follows: 1. When requested by state or 1 oval public agencies; or 2. When deemed necessary by the city manager for the proper treatment, analysis or control of discharges. All such tests and reports shall be at the cast of the permit holder. To the degree practicable, the city manager shall provide each permit hot der or apps i cant with information an appl i cabl e local, state and, federal wastewater analysis and reporting requirements, provided, however, that any failure to da so shall not excuse the permit holder from compliance with said requirements . fi.55fi Industrial Pretreatment Pro ram -Public Nuisance. ~1} Unlawful dischar es. Any discharge in violation of sections 6.501 to fi. 596 of this code, the conditions of a di scharge permit, or any other violation of sections 6.501 to 6.596 of this code i s hereby declared to be a pub1 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 causling un,,awful _,,,d,lscharg~e. Any activity which caul d result i n or cause discharges i n vi of atiloln of sections 6.50I to 6, 596 of this code on at least one day a month far any six months during the course of I2 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 provisions i n this code or i n any other manner provided by law. 3 Add i t ~ anal qer ~ } '_, ' I~I~.I~I sonnet or monitoring devices . The city manager • I i~ i~nnuoiilnl IlnoOii~l Iwlgi Ililli-~ MM Ordinance - 18 may order the empi oyment of one or mare 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 select the persons to be employed as mon ~ tors . The cost for compliance with such order shall be apportioned according to the laws regarding nuisance abatement . fi.5fi1 Industrial Pretreatment Pra ram -Cease and Desist Order. ~ 1 } In the event of any actual ar threatened discharge i n vi of at i on of sects ons fi, 501 to fi, 59fi of the s code or the conditions .of a di scharge permit, which discharge presents an i~ni Went or existing danger to the health or welfare of persons, property or the environment or which has caused or wi 11 cause interference, pass through ar contamination of the resulting sludge, the city manager may issue an order to cease and desist and direct that the person responsible for such violation ~a} Comply forthwith; ~ b} Comply i n accordance with the time schedule set forth by the c~ ty manager; or ~ c } Take appropriate remedial or preventative action . ~ Z} I f ,the person or permit holder i n v i al at i an f ai 1 s to camel y w~ th the order, the c~ ty shat l take such steps as are deemed necessary ar proper including immediate severance of the sewer connection. The city shall reinstate the wastewater treatment service upon proof of the el iminatian of the actual or threatened violation. The filing of an appeal pursuant to section fi.591 of this code shall not stay enforcement. fi.5fifi Industrial Pretreatment Pro ram -submission of Time schedule. If the city manager finds that a discharge has taken ar may take place ~ n v~ 01 ate on of sections 6.501 to fi.59fi of this code or 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 detailed time schedule of specific actions which the person or permit holder shal 1 take i n order to prevent or correct the violation. fi.511 Industrial Pretreatment Pro ram -Termination and Revocation of Dischar a Permit. ~ 1 } Any i ndustri a1 user who vi o1 ates any of the provisions of sections 6.501 to fi . 59fi of this code or, where appl i cabi e, the conditions of its discharge permit, which violation does not present an imminent danger to the health or wet fare of persons, property ar the environment or which vi o1 ati on 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 order shall be signed by the city manager and shall specify the nature and source of the violation. The order may specify the corrective actions to be taken and shall state a time for satisfactory correction. If the i ndustri a1 user does not correct the violation wi th i n the time specified, or such additional time as may be al 1 owed i n writing by the city manager, then the discharge permi t shat i be revoked and/ar the sewer connection severed as provided Ordinance - 19 in the order. Correction of the violation shall not preclude assessment of monetary penalties. ~ 3 } The f i 1 i ng of an appeal pursuant to section 6.591 of this code shall stay enforcement under this section pending final administrative action on the appeal . This provision supplements and does not restrict other provisions of this code, 1 aws or regulations authorizing termination of service far delinquency in payment of fees ar charges. 6.516 industrial Pretreatment Pro ram - Publ i s Not i f i cat i on of S i n i f i cant Noncomp,l„,once. The city shall publish i n a dai ly newspaper with the largest daily circulation in the metropolitan area, not less than annually, a ]ist of those industrial users which during the previous 12 months were in significant noncompliance with sections 6.501 to 6.596 of this code or the i r discharge permits . This notification wi 11 surm'~ari ze enforcement action by the c~ ty dur~ ng the same 12 months, For purposes of this section, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria: ~a} Chronic violations of wastewater discharge limits, defined herein as those i n which 66 percent or more of all of the measurements taken duri ng a s i x month period exceed ~ by any magnitude} the daily maximum 1 imit or the average 1 imit for the same pollutant parameter; fib} Technical review criteria ~TRC} violations, defined herein as those i n which 33 percent or mare of all of the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the daily maximum 1 imi t or the average limit multiplied by the applicable TRC ~TRC=1.4 for BOD, TSS, fats, oil and grease, and 1:2 for all other pollutants except pH}~ ~c} Any other violation of a pretreatment effluent limit dai l y maximum or l anger-term average} that the city manager determines has caused, alone or i n combination with other discharges, interference ar pass through ~ i ncl ud i 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 6.561 of this code to' halt or prevent such a discharge; fie} Fai 1 ure to meet, within 90 days after the schedul a date, a compliance schedule mi 1 estone for starting construction, completing construction, or attaining f i na1 compliance; ~f} Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 9o-day compliance reports, periodic sel f wmon i tori ng reports, and reports on compliance with compliance schedules; fig} Failure to accurately report noncompliance; ~h} Any other violation or group of vi al ati ons which the city manager determines wi 11 adversely affect the operation or implementation of the 1 oca1 pretreatment program. 6.581 industrial Pretreatment Pro ram -~ Im lamentation. Nothing in sections 6.501 to 6.596 shall prevent the city manager from seeking Ordinance - 20 judi ci a1 or governmental agency assistance to implement the purposes and pray ~ s ~ on s thereof . 6.586 Industrial Pretreatment Pro ram -Enforcement Orders. {1} Generally. In addition to any penalty or fine which may otherwise be charged, or other enforcement action which may otherwise be taken against any industrial user found to be i n violation of any provision of th i s cade, the city manager may: {a} Issue a written notice of noncompliance; {b} Issue a written notice of violation; {c} Impose an administrative civil penalty under section 2.018 of this code; and {d} Issue a wri tten comp1 i once order. The person to whom the compliance order is issued shall comply with the order. Any violation of the compliance order shall be subject to the same enforcement actions as any other vi al ati on of this code. The notices or orders authorized hereunder shall advise the i ndustri a1 user of the right to appeal the penalty or order i n accordance with the provisions of subsection {6} of this section. {2} Basis of penalty. A noncompl lance penalty may be levied by the city manager when either a constituent 1 imitation has been exceeded or a compliance requirement has not been met. The city manager may impose a penalty on any such i ndustri a1 user for each day the industrial user has allowed a discharge i n v i of at i vn of this cade, rules adopted hereunder, notice of violation, or administrative compliance order, or i n excess of permit 1 i mi tat i ons ar otherwise has f ai 1 ed to observe the requirements of its discharge permit. The city manager may adapt a schedul a of graduated penal ties based on the nature, length and frequency of noncompl i ante. {3} Constituent 1 imi tati on. A consti tuent 1 imi tati on i s exceeded when: {a} The concentration of a restricted substance in any sample or i n a serf es of samples taken during the appropriate time period therefor, has exceeded limitations published by the city manager, ar any other limitation imposed by a discharge permit; or {b} The pH of any sample i s outside the permitted pH range, ar {c} A continuous retarding pH instrument indicates that the pH of the industrial discharge: 1. Is lower than 5.5 or greater than 12.0 for more than 60 minutes i n any calendar day, or 2. Is lower than 3.5 for mare than 15 minutes in any calendar day, or {d} The volume restrictions of a di scharge permit are exceeded. {4} Com 1 i once re ui rement. A compl i once requirement has not been met when any requirement established by the discharge permit or by any provision of sections 6.501 to 6.596 of this code, or by regulations published by the city manager ar by an order issued by the city manager other than a constituent 1 i mi tat i on, has not been met, i ncl ud i ng a f ai l ure to submit any required reports . 5 Collection rocedure. Col 1 ect i on of the penalties determined by the city manager shat 1 be i n the manner provided i n this code for the Ordinance - 21 collection of sewer user charges, i n accordance with any other provisions of th i s code, or i n any other manner provided by 1 aw. ~fi} ~ppe,al . If the industrial user objects to any ci vi 1 penalty or compl ~ once order issued pursuant to subsection ~ 1 } of this section, the ~ ndustr~ al user may appeal therefrom i n accordance with the provisions of section 2.021 of this code. ~ 1 } Pe,,,~t ~_es, cumu„1,,,~,t i ve , The penalties provided i n this section shat i be i n addi ti an to any other remedy that the city may have pursuant to thi s code or in any other manner provided by law. 6.591 Industrial Pretreatment Pro ram -Reconsideration and A eal. ~1}, Reconsideration b cit m na er. Any person aggrieved by any dec ~ s ~ on or act ~ on of the c ~ ty manager, other than action under section 6.58fi of this code, may file a written request with the city manager for reconsideration thereof within ten days of receipt of notification of such dec i s i an or action . The request for reconsideration shall be on a form provided by the city manager and shall set forth i n reasonab1 a detail the decision or action objected to and the facts and arguments supporting. the appellant's request for reconsideration. The city manager may establish such procedures as may be deemed necessary or proper to conduct the recons i derat i an process . The f i 1 i ng of a request for reconsideration shall be a condi ti on 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 olitan Wastewater Mana event Commission. Any person aggro eved by the f ~ nal determ~ nat~ on of the city manager, other than action under section 6.58fi of this code, may appeal such determination to the MWMC. Written notification of .such appeal shall be f i 1 ed with the MWMC and city manager within ten days after receipt of the final determination of the city manager. A fee established as provided i n section 2.020 of this code shal 1 accompany the notice of appeal f i 1 ed with the city. The notice of appeal shal 1 be on a form provided by MWMC and shall set forth i n reasonable detai 1 the decision or action appealed from and the facts and arguments supporting the appel 1 ant's request for reversal or modification of the city manager's determination . The MWMC shal 1 conduct 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 shall submit 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 hol d a heari ng on the recommendations and, i n any event, shall take action on the recommendations within 20 days after thei r filing. 6.59E Industrial Pretreatment Pro ram - Dama a to Facilities Correction of violations. Any person who violates sections 6.501 to fi.59fi of this code or a condi ti on of a di scharge permit, as a resul t of which the city performs or causes to be performed preventive or corrective work or which results in damage to the city wastewater system shall be liable to the city far 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, 1 evi ed against the city far violation of state ar federal permits resulting from said violation. The city may collect such charges i n the manner provided i n this code for the Ordinance - 22 col 1 ecti an of sewer service charges, i n accordance with any other provisions of this code, or i n any other manner provided by 1 aw. Section 2. The City Recorder i s hereby authorized, upon first receiving the concurrence of the City Attorney, to administratively correct any references contained i n this ordinance or elsewhere i n the Eugene Code, 1911, or administrative orders adopted by the City Manager, to sections that have been added, amended, ar renumbered i n this ordinance. Passed by the City Council this 17th day of November, 1993 ~~~"' ~ // City Recorde Approved by the Mayor this 17th day of November, 1993 J.~,~~ C ~' ~~~~~~~ Mayor Ordinance - 23 CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY -CIVIL DEPARTMENT To: Kathy Fieiand Date: December 9,1993 Deputy City Recorder Subject: Ordinance Nos. 19939 and 19940 On November 17, 1993 the Council adapted Ordinance No, 19939 amending and renumbering numerous sections of Chapters b and 7 of the Eugene Code, 1971 SEC}. Prior to enactment of the Ordinance, EC Section 6.405 set forth definitions applicable to the Industrial Pretreatment Program Cade provisions. Section 2 of that Ordinance directs that EC Section 6.405 be amended and renumbered to 6.446, and Section 3 directs that EC Section 6.445 be renumbered 6.506. It was the intent, as reflected in the legislative draft of the Ordinance considered by the Council, and Section 2 should have stated that ortions of Section 6.445 be amended and incorporated in the new Section 6.406, a definition section of more general application. The newly renumbered 6.546 definitions applicable only to the industrial pretreatment program Cade provisions} was subsequently amended by Ordinance No. 19944 adopted at the same meeting. Your legislative history for each of these sections should state: "6.4U6 - Portions of former 6.4x5 incorporated and amended by Ordinance No. 19939 an November 17, 1993, effective December 17, 1993." "6.506 -Formerly 6.405, renumbered to 6.546 by Ordinance No. 19939 on November 17,1993, effective December 17,1993; amended by Ordinance No. 19940 on November 17, 1993, effective December 17, 1993." In addition, the legislative draft of Ordinance No.19939 as considered by the Council advised in a comment to EC Section 6.446 that the revision to subsection ~1} of that section, together with the new subsection ~4) duplicated the provisions of the existing Section 6.075, and that section would be repealed by the ordinance. Accordingly, EC Section 6,x75 should be removed from the Code. A copy of this enema should be appended to both Ordinance 19939 and 19940 to reflect the administrative actions taken, which are authorized by Sections 9 and ~ respectively of the ordinances. As a separate, but related matter, because the Public Works Department utilizes G LUNG WATKINSON LAIRD & RUBENSTEIN, P.C. Kathy Fieiand December 9,1993 Page 2 many preprinted farms that reference some of these renumbered sections, you agree to insert a legend at the appropriate places in the Code reflect the renumbering. 'We recognize that this is a departure from customary practice, and your desire that some procedure be established for determining how fang these legends remain in the Code. Accordingly, by copy of this memo, we are requesting that Les Lyle and Peter Ruffier advise you of when the supply of preprinted forms has been exhausted and the references in the Code are no longer necessary. ff you have any questions with respect to any of these matters, please call. HARRANG LUNG WATKINSON LAIRD & RUBENSTEIN, P.C. -CITY ATTORNEYS t A. Keith Martin AKM:JW cc: Les Lyle Peter Ruffier CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY -CIVIL DEPARTMENT To: Kate Fieland Date: July 7,1994 Deputy City Recorder Subject; Administrative Correction to Section b.990 of the Eugene Code, 1971 0n November 17, 1993 the Council adopted Qrdinance No. 19939 amending and renumbering several provisions of Chapters b and 7 of the Eugene Code, 1971. Some of those renumbered sections were also amended by Qrdinance No. 19940 on the same date. It has come to our attention that neither Qrdinance amended the penalty section (6.990} references to sections that were renumbered. Pursuant to the authority of Section 9 of ordinance No. 19939, you are requested to make the following administrative corrections to Section 6.990 of the Eugene Cade,1971: Change the reference to sections 6.400 to 6.470 in Subsections (5), (6)(a), and (6)(b) (two references), to 6.501 to 6.596. Change the reference to sections 6.464 and 6.470 in Subsection (7} to 6.586 and 6.596. The legislative history for Section 6.990 should reflect this administrative correction, with a cagy of this memo appended to both Qrdinance No. 19939 and 19940. call. Thank you for your attention to this matter, and if you have any questions, please G LGNG GARY RUDNICK# P.C. CITY ATTGRNEYS ~i~C~~~lur ~w A. Keith Martin AKM:jw