HomeMy WebLinkAboutOrdinance No. 20075GRDINANCE NG. 20015
AN GRDINANCE CGNGERNING THE CITY'S INDUSTRIAL
PRETREATMENT PRGGRAM, AND AMENDING SECTIGNS
Z.01S, 6.501, 6.508, 6.551, 6.511 AND fi.586 GF THE
EUGENE CGDE,1911.
THE GITY GF EUGENE DaES ORDAIN AS FGLLGWS:
Section 1. Subsection ~5} of Section 2.018 of the Eugene Code,1911, is amended
to provide:
2.018 Cit Mana er - Authori to Im ose Administrative Givil Penalt ,
~5} Utilizing the procedure set forth in section 2.019 of this code, the city
manager shall adopt by rule either a schedule of, or specific criteria to be used in,
establishing penalty amounts that may be imposed for particular violations. Except for
violation of sections 6.501 to 6.596 of this code or any rules issued thereunder no
administrative civil penalty imposed under this section shall exceed $500 per day. For
violation of sections 6.501 to 6.596 of this code or any rules issued thereunder, na
administrative civil penalty imposed under this section shall exceed $25,000 per day. In
imposing a penalty authorized by this section, the city manager or designee shall consider:
~a} The person's past history in taking all feasible steps or
procedures necessary or appropriate to correct the violation;
fib} Any prior violations of statutes, rules, orders and permits;
~c} The gravity and magnitude of the violation;
~d} UUhether the violation was repeated or continuous;
fie} vVhether the cause of the violation was an unavoidable
accident, negligence or an intentional act;
~f} The violator's cooperativeness and efforts to correct the
violation; and
tg} Any relevant rule of the city manager.
Section 2. Subsection ~5} of Section 6.501 of the Eugene Gode,19?'1, is amended
to provide:
6:501 Industrial Pretreatment Pro ram -Declaration of Polic .
~5} The city manager shall 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 federa! laws and regulations and the city's policy to cooperate with the state and
federal government. Cross references in sections 6.501 to 6.596 of this code to other
statutes and regulations are to the versions thereof in effect on the effective date of this
ordinance.
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Section 3. The definitions of "Authorized representative of industrial user," "Cit
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wastewater system," "Pass through," "pH," "SIC number" and "Signifcant industrial user"
in Section 6.546 of the Eugene Code,1971, are amended, and new definitions of"Pollution
management practices" and "Pollution prevention" are added in alphabetical order therein,
to provide:
6.506 Industrial Pretreatment Pro ram -Definitions,
Authorized re resentative of industrial user. An authorized
representative of an industrial user shall be:
~a} A president, vice-president, secretary or treasurer in
charge of a principal business function, or any other person who
performs similar policy or decision-making functions for the
corporation, if the industrial user is a corporation.
fib} A general partner or proprietor if the industrial user is a
partnership or sole proprietorship, respectively; or
~c} A duly authorized representative of the individual
designated in ~a} or fib} provided the authorization specifies either an
individual or a position having responsibility for the overall operation
of the facility from which the discharge originates or a position of
equivalent responsibility or having overall responsibility for
environmental matters for the company, is made in writing by an
individual designated in ~a} or fib} and such authorization is provided
to the city prior to or together with any reports signed by an authorized
representative as provided in 40 CFR 403.121 } or required by the city
manager.
Ci wastewaters stem. A treatment works as def ned by section 212
of the Act. This def nition includes any publicly owned sewer that convey
wastewater to the treatment plant, whether or not a part of the regional
sewerage facilities as def ned in the Intergovernmental Agreement executed
by the cities of Eugene and Springfield and Lane County as of February 9,
1977, as amended ~Intergovernmenta! Agreement}, but does not include the
city stormwater system.
Pass throw h. A discharge which exits the city wastewater system
into waters of the United States in quantities or concentrations which, alone
or in conjunction with a discharge or discharges from other sources, is a
cause of a violation of any requirement of the city wastewater system
NPDES permit including an increase in the magnitude or duration of a
violation}.
~H. The logarithm abase 10} of the reciprocal of the hydrogen ion
activity expressed in moles per liter of solution.
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_Pollution m,anagement,,,._practices. Schedules of activities,
requirements or prohibitions of practices, operating procedures, maintenance
procedures, and other management procedures used to reduce the amount
of pollutants entering the city wastewater system.
Pollution .preve,ntion. Source reduction and other practices that
reduce or eliminate the creation of pollutants through:
~a} Increased effciency in the use of raw materials, energy, water, or
other resources, or
fib} Protection of natural resources by conservation.
SIG number. A classification pursuant to the Standard Industrial
Classification Manual issued by the Executive ~ffce of the President, office
of Management and Budget, 1972, through the effective date of this
ordinance.
Si nificant industrial user. Any industrial user which:
~a} Is subject to categorical pretreatment standards under44 CFR
443.6 and 44 CFR Chapter I, Subchapter N or rules promulgated by the city
manager, or
fib} Discharges an average of at least 25,404 gallons per day of
wastewater excluding domestic waste, boiler blowdown, and noncontact
cooling water} in any period of 12 consecutive calendar months, or
~c} Discharges process wastewater, which on any day in any
period of 12 consecutive calendar months constitutes at least five percent of
the average daily dry weather hydraulic or organic capacity of the city
wastewater system, or
~d} 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.
Section 4. Subsection ~1} of Section 5.551 of the Eugene Code,1911, is amended
by adding a new subparagraph (a) thereto and relettering the existing subparagraphs (a)
through (d) to (b) through (e); subsection (2)(e) is amended by adding a new subparagraph
17 thereto and renumbering the existing subparagraphs 17 and 18 to 18 and 19; and
subsections (2)(a) and (d), subsection (2)(e)5, and subsection (3)(d) of that section are
amended, to provide:
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6.551 Industrial Pretreatment Pro ram -Administration,
~1} General.
~a} Wastewater dischar a surve .The city manager or designee
may require an industrial user to provide information perkaining to the nature
and quantity of the industrial user's wastewater discharge. The city manager
may, from time to time, require an industrial user to complete a wastewater
discharge survey and returned it to the city.
fib} Monitorin facilities. 'When required by the city manager, the
industrial user shall install and maintain at its expense a suitable control
accesshole to facilitate observation, sampling and measurement of
wastewater being discharged. Such accesshole shall be located, if feasible,
where it is accessible from a public road or street. It shall be constructed in
accordance with plans and at a location approved by the city manager and
shall be arranged so that flow measuring and sampling equipment and a
shutoff gate or a screen may be conveniently installed by the city.
~c} Ins ection and sam lin .The city may inspect the facilities of
any industrial user as often as deemed necessary significant industrial users
should expect to be inspected no less often than at least one to four times
annually} to ascertain whether the provisions of sectians 6.501 to 6.596 of
this code are being complied with. The owner, operator or agent in charge
of the premises shall allow authorized representatives of the city, state and
EPA access at all reasonable times to all parks of the premises where
wastewater related facilities are located ar in which records required by this
code are kept for the purpose of the performance of any of their duties,
including but not limited to, inspection, observa#ion, photographing, sampling,
andlor records copying and examination. The city, state and EPA shall have
the right to set up on the industrial user's properky such devices as maybe
necessary or proper to conduct sampling, observation, inspection,
compliance monitoring andlor metering operations. The industrial user shall
make arrangements with its employees so that upon presentation of their
credentials, representatives from the city, state or EPA will be permitted to
enter, without delay, for the purpose of performing their responsibilities.
~d} Pretreatment facilities, An industrial user may be required to
install pretreatment facilities or make plant or process modifications or
implement pollution management practices as deemed necessary by the city
manager to meet the requirements of sections 6.501 to 6.596 of this code.
vllhenever such facilities or modifications are required, they shall be
canstructed, installed, operated and maintained at the expense of the
industrial user and in 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 shall be retained for a minimum of three years and
shall be subject to review in accordance with subsection ~1 }~a} of this
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section. Approval of proposed facilities or modifications by the city manager
will not in any way guarantee that these facilities or modifcations will function
in the required manner or 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
applicable standards, limitations and conditions of sections 6.50 to 6.596
of this code and, in the case of a permit holder, the wastewater discharge
permit.
fie} Conf dential information. Information and data obtained by the
city from reports, questionnaires, permit applications, permits and monitoring
programs shall be available to the public and other governmental agencies
without restriction unless the industrial user requests in writing that it be
Conf dential and demonstrates to the satisfaction of the city manager that
such records are exempt from disclosure under the Oregon Public Records
Law, ORS ~ 92.4 o, et seq. Notwithstanding anything herein to the contrary,
ail such data shall be available at least to the extent necessary, to permit the
city manager to ensure compliance with sections 6.50 to 6.596 of this code
as well as the requirements of 40 CFR section 2.362, When confidentiality
is requested and the right thereto is established by the industrial user, the
confidential information shall not be made available for inspection by the
public but may be made available upon written request to governmental
agencies for uses related to sections 6.50 to 6.596 of this code, the NPDES
permit, or pretreatment programs. However, all porkions of a report shall be
available for use by the city, state or any state agency orfederal agency in
judicial or enforcement proceedings involving the person furnishing the
report.
~2} Wastewater discharge permits.
~a} General. Every significant industrial user shall secure a
wastewater discharge permit from the city. Any discharge by a significant
industrial user without a wastewater discharge permit is a violation of this
code except as provided in subpara ra h b of this subsection.
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~d} Duration. Permits shall be issued for a specified time period,
not to exceed three years. The permit holder shall apply for permit
reissuance a minimum of 9fl days prior to the expiration of its existing permit
if it desires to continue to discharge. An expired permit will continue to be in
effect until the city takes final action on the renewal application to issue or
deny the permit ~"final action"} if:
1. The permit holder has submitted a complete permit
application at least 9o da s riorto the ex iration of its ermit~ and
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2. The failure to take final action is not due to any actor
failure to act on the part of the permit holder.
fie} Conditions. wastewater discharge permits shall be expressly
subject to all provisions of sections 6.50 to 6.596 of this code, Where
applicable, permits shall contain the following conditions:
oRD1NANCE - 5
5. Specifcations for monitoring and sampling programs
which may include monitoring and sampling locations, frequency of
monitoring, sampling, number, types and standards for tests and
reporting schedules;
1l. Requirement for any significant industrial user whose
pretreatment system contains aback-up system to notify the city
before the primary system is taken off-line, and the back-up system
is put into use.
18. Statement of applicable civil and criminal penalties for
violation of pretreatment standards; and
19. ether conditions as deemed appropriate by the city
manager to achieve compliance with sections 6.501 to 6.596 of this
code.
~3} Mobile waste hauler permits.
~d} Duration. Permits shall be issued for a specifed time period,
not to exceed three years. The permit holder shall apply for permit
reissuance a minimum of 90 days priorto the expiration of its existing permit
if it desires to continue to discharge. An expired permit will continue to be in
effect until the city takes final action on the renewal application to issue or
deny the permit ~"final action"} if:
1, The permit holder has submitted a complete permit
application at least 90 days prior to the expiration of its permit; and
2. The failure to take final action is not due to any actor
failure to act on the part ofthe permit holder.
Section 5. Subsections ~1 } and ~2} of Section 6.511 of the Eugene Code,1911, are
amended, and a new subsection ~4} is added thereto, to provide:
6.511 Industrial Pretreatment Pro ram--Termination and Revocation of Dischar e
Permit.
~1 } Any industrial user who violates any of the provisions of sections 6.501
to 6.596 of this code or, where applicable, the conditions of its discharge permit, may have
its discharge permit revoked andlar 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 shall be delivered or sent by regular mail to
the address of the industrial user. The order may specify the corrective actions to be taken
and shall allow reasonable time for satisfactory correction. If the industrial user does not
correct the violation within the time specifed, or such additional time as may be allowed
in writing by the city manager, then the discharge permit shall be revoked andlor the sewer
connection severed as provided in the order. Correction ofthe violation shall not preclude
assessment of monetary penalties.
~4} Any industrial user whose discharge permit is revoked pursuant to this
section shall be prohibited from applying for a new discharge permit for a period of two
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years from the date of final decision. The prohibition may be waived if the city manager
determines that the issuance of a new discharge permit is necessary to avert an imminent
or existing danger to the health or welfare of persons, property or the environment.
Section 6. Subsection ~3} of Section 6.586 of the Eugene Code,1971, is amended
27th day of January, 1997.
to provide:
6.586 industrial Pretreatment Program...- Enforcement orders.
~3} Constituent limitation. A constituent limitation is exceeded when:
~a} The concentration of a restricted substance in any sample or
in a series 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 continuous recording pH instrument indicates that the pH of
the industrial discharge:
1. Is lower than 5.5 or greaterthan 12.o for more than 30
minutes in any calendar day, or
2. Is lower than 5.0 or greater than 12.5 at any time during
a calendar day, or
~d} The volume restrictions of a discharge permit are exceeded.
Section 7. 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 or
in other provisions of the Eugene Code, 1911, to the provisions added, amended or
repealed herein.
Passed by the City Council this Approved by the Mayor this
27th day of January,1997.
~~~ i
City Recorder Mayor
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