HomeMy WebLinkAboutOrd. 20688ORDINANCE NO. 20688
AN ORDINANCE CONCERNING THE INDUSTRIAL PRETREATMENT
PROGRAM; REPEALING SECTIONS 6.501, 6.506, 6.511, 6.516, 6.521, 6.526,
6.531, 6.536, 6.541, 6.546, 6.551, 6.556, 6.561, 6.566, 6.571, 6.576, 6.581, 6.586,
6.591 AND 6.596 OF THE EUGENE CODE, 1971; ADDING SECTIONS 6.550,
6.552, 6.554, 6.556, 6.560, 6.562, 6.564, 6.566, 6.568, 6.570, 6.572, 6.574, 6.576,
6.578, 6.580, 6.582 AND 6.584 TO THAT CODE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sections 6.501, 6.506, 6.511, 6.516, 6.521, 6.526, 6.531, 6.536, 6.541, 6.546,
6.551, 6.556, 6.561, 6.566, 6.571, 6.576, 6.581, 6.586, 6.591, and 6.596 of the Eugene Code,
1971, are repealed.
Section 2. Sections 6.550, 6.552, 6.554, 6.556, 6.560, 6.562, 6.564, 6.566, 6.568, 6.570,
6.572, 6.574, 6.576, 6.578, 6.580, 6.582, and 6.584 of the Eugene Code, 1971, attached as
Exhibit A to this Ordinance are added.
Section 3. The City Recorder, at the request of, or with the consent of the City Attorney,
is authorized to administratively correct any reference errors contained herein, or in other
provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
Section 5. To ensure there is no lapse in the City's compliance with the federal Clean
Water Act It is necessary for this Ordinance to take effect concurrently with the Oregon
Department of Environmental Quality's final approval of it, which could occur within the thirty days
described in Section 32(1) of the Eugene Charter of 2002. Therefore, pursuant to the provisions
of Section 32(2) of the Eugene Charter 2002, with the affirmative vote of ~o-thirds of the
members of the City Council , this Ordinance shall become effective on the date the
Oregon Department of Environmental Quality grants it final approval.
Passed by the City Council this
22nd day of May, 2023
Approved by the Mayor this
.J£. day of ........... IYJ..........,..Ca"'f--/--' 2023
Mayor
Ordinance Exhibit A
INDUSTRIAL PRETREATMENT PROGRAM
6.550 Industrial Pretreatment Program -General Provisions.
(1) Purpose and Policy. EC 6.550 to 6.586 set forth uniform requirements for Users of the Publicly
Owned Treatment Works for the City and enables the City to comply with all applicable State and
Federal laws, including the Clean Water Act (33 United States Code U.S.C. section 1251 et seq.),
and the regulations promulgated pursuant to the Clean Water Act, including but not limited to, and
the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations CFR Part
403)and National Categorical Pretreatment Standards ( 40 CFR Chapter 1 Subchapter N).
(a) The objectives of EC 6.550 to 6.586 are:
1. To prevent the introduction of pollutants into the Publicly Owned Treatment
Works that will interfere with the operation of the system or contaminate the
resulting sludge;
2. To prevent the introduction of pollutants into the Publicly Owned Treatment
Works that will pass through the Publicly Owned Treatment Works, inadequately
treated, into receiving waters, or otherwise be incompatible with the Publicly Owned
Treatment Works;
3. To protect both Publicly Owned Treatment Works personnel who may be
affected by wastewater and sludge in the course of their employment and the general
public;
4. To promote reuse and recycling of industrial wastewater and sludge from the
Publicly Owned Treatment Works; and
5. To enable the City to comply with its National Pollutant Discharge Elimination
System permit conditions, sludge use and disposal requirements, and any other
Federal or State laws to which the Publicly Owned Treatment Works is subject.
(b) In achieving the objectives of EC 6.550 to 6.586, it shall be the policy of the City to
actively support the community's commerce and industry through accommodation,
assistance and cooperation consistent with the City's responsibility to protect the waters of
the state from pollution and to secure the health, safety and welfare of the residents of the
metropolitan area.
(c) Pollutants shall be accepted into the Publicly Owned Treatment Works 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.
(d) The City, in carrying out the provisions of EC 6.550 to 6.586 regarding industrial
discharge of pollutants by Users into the Publicly Owned Treatment Works necessary for
the proper disposal of sewage and drainage from the City and adjacent territory, is further
Ordinance Exhibit A
authorized, in its administrative discretion, to adopt and to promulgate as regulations any
laws of the state or the federal government.
( e) Discharge permit conditions shall be predicated on federal, state and local regulations
and requirements and on the results of analysis of the type, concentration, quantity and
frequency of discharge including the geographical relationship of the point of discharge to
sewerage and treatment facilities. Discharge permit conditions shall be reevaluated upon
expiration of the permit and may be revised by the City Manager as required, to remain
consistent with local, state or federal laws, regulations and requirements or to meet any
emergency.
(f) Discharge permits may include, but shall not be limited to, conditions pertaining to
discharge standards, self-monitoring requirements, treatment methods, housekeeping
practices, inventory storage, manufacturing methods, etc., that are intended to protect the
waters of the state.
(2) Applicability. EC 6.550 to 6.586 shall apply to all persons within the City of Eugene, and to all
Users of the Publicly Owned Treatment Works. EC 6.550 to 6.586 authorize the issuance of
individual wastewater discharge permits; provide for monitoring, compliance, and enforcement
activities; establish administrative review procedures; require User reporting; and provide for the
setting of fees for the equitable distribution of costs resulting from the program established herein.
(3) Administration. Except as otherwise provided herein, the City Manager shall administer,
implement, and enforce the provisions of EC 6.550 to 6.586 to ensure that the City's pretreatment
program complies with the objectives of EC 6.550 to 6.586, the applicable state and federal laws
and regulations and the City's policy to cooperate with state and federal government. Any powers
granted to or duties imposed upon the City Manager may be delegated by the City Manager to a
duly authorized designee of the City Manager. The City Manager, in carrying out the provisions of
EC 6.550 to 6.586 may adopt administrative rules pursuant to EC 2.019 of this code.
(4) Abbreviations. The following abbreviations, when used in EC 6.550 to 6.586, shall have the
designated meanings:
BOD -Biochemical Oxygen Demand
BMP -Best Management Practice
BMR -Baseline Monitoring Report
CFR -Code of Federal Regulations
CIU -Categorical Industrial User
DEQ -The Oregon Department of Environmental Quality.
EPA-U.S. Environmental Protection Agency
gpd -gallons per day
IU -Industrial User or User
mg/1 -milligrams per liter
MWH-Mobile Waste Hauler
MWMC-The Metropolitan Wastewater Management Commission
NAICS -The North American Industry Classification System
NPDES -National Pollutant Discharge Elimination System
Ordinance Exhibit A
NSCIU -Non-Significant Categorical Industrial User
POTW -Publicly Owned Treatment W arks
RCRA -Resource Conservation and Recovery Act
SIU -Significant Industrial User
SNC -Significant Noncompliance
TSS -Total Suspended Solids
U.S.C. -United States Code
(5) Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as
used in EC 6.550 to 6.586, shall have the meanings hereinafter designated.
Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. section 1251 et seq.
Approval Authority. The State of Oregon.
Authorized or Duly Authorized Representative of the User.
(a) If the User is a corporation:
1. The president, secretary, treasurer, or a vice-president of the corporation in charge
of a principal business function, or any other person who performs similar policy or
decision-making functions for the corporation; or
2. The manager of one or more manufacturing, production, or operating facilities,
provided the manager is authorized to make management decisions that govern the
operation of the regulated facility including having the explicit or implicit duty of
making major capital investment recommendations, and initiate and direct other
comprehensive measures to assure long-term environmental compliance with
environmental laws and regulations; can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for
individual wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures.
(b) If the User is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
(c) If the User is a Federal, State, or local governmental facility: a director or highest
official appointed or designated to oversee the operation and performance of the activities of
the government facility, or their designee.
(d) The individuals described in paragraphs (a) through (c), above, may designate a Duly
Authorized Representative if the authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental matters for the
company, and the written authorization is submitted to the City.
Ordinance Exhibit A
Best Management Practices or ("BMPs"). Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions listed in
EC 6.552(1) and 6.552(4). BMPs include treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from
raw materials storage. BMPs also include alternative means (i.e., management plans) of complying
with, or in place of certain established categorical Pretreatment Standards and effluent limits.
Biochemical Oxygen Demand ("BOD"). The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees
centigrade, usually expressed as a concentration (e.g., mg/I).
Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant
discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33
U.S.C. section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter I,
Subchapter N, Parts 405-471.
Categorical Industrial User. An Industrial User subject to a categorical Pretreatment Standard or
categorical Standard.
City. The City of Eugene.
City Manager. The City Manager of the City as defined by the City's Charter, or the City Manager's
designee.
Composite Sample. A representative sample resulting from the combination of individual
wastewater samples taken at selected intervals based on an increment of either flow or time.
Control Authority. The City.
Daily Maximum. The arithmetic average of all effluent samples for a pollutant collected during a
calendar day.
Daily Maximum Limit. The maximum allowable discharge limit of a pollutant during a calendar
day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total
mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average measurement of the pollutant
concentration derived from all measurements taken that day.
Domestic User ("Residential User"). Any person who contributes, causes, or allows the
contribution of wastewater into the POTW that is of a similar volume and/or chemical make-up to
that of a residential dwelling unit.
Environmental Protection Agency ("EPA"). The U.S. Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, the Regional Administrator, or
other duly authorized official of said agency.
Existing Source. Any source of discharge that is not a "New Source."
Ordinance Exhibit A
Food Service Establishment. A non-domestic discharger where preparation, manufacturing, or
processing of food and/or beverage occurs and include, but are not limited to restaurants, cafes, fast
food outlets, pizza outlets, delicatessens, sandwich shops, coffee shops, schools, nursing homes and
other facilities that prepare, service, or otherwise make foodstuff available for consumption.
General Discharge Authorization. A written authorization issued for the discharge of wastewater
from a User into the POTW.
Grab Sample. A sample that is taken from a wastestream without regard to the flow in the
wastestream and over a period of time not to exceed fifteen (15) minutes.
Gray water. Gray water means shower and bath wastewater, bathroom sink wastewater, kitchen
sink wastewater and laundry wastewater. Gray water does not mean toilet or garbage wastes, or
wastewater contaminated by soiled diapers.
Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any
nondomestic source, including a Mobile Waste Hauler, regulated under section 307 (b), (c), or (d)
of the Act.
Instantaneous Limit. The maximum concentration of a pollutant allowed to be discharged at any
time, determined from the analysis of any discrete or composited sample collected, independent of
the industrial flow rate and the duration of the sampling event.
Interference. A discharge that, alone or in conjunction with a discharge or discharges from other
sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes,
use or disposal; and therefore, is a cause of a violation of the City's NPDES permit (including an
increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or
disposal in compliance with any of the following statutory/regulatory provisions or permits issued
thereunder, or any more stringent State or local regulations: section 405 of the Act; the Solid Waste
Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery
Act (RCRA); any State regulations contained in any State sludge management plan prepared
pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances
Control Act; and the Marine Protection, Research, and Sanctuaries Act.
Local Limit. Specific discharge limits developed and enforced by the City upon industrial or
commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR
403.5(a)(l) and (b).
Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological
wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated
laboratory wastes, and dialysis wastes.
Mobile Waste Hauler. A person who, by contract or otherwise, collects wastewater, including
domestic waste and septage waste, for transportation to and discharge into any portion of the
POTW.
New Source.
Ordinance Exhibit A
(a) Any building, structure, facility, or installation from which there is ( or may be) a
discharge of pollutants, the construction of which commenced after the publication of
proposed Pretreatment Standards under section 307(c) of the Act that will be applicable to
such source if such Standards are thereafter promulgated in accordance with that section,
provided that:
1. The building, structure, facility, or installation is constructed at a site at which no
other source is located; or
2. The building, structure, facility, or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an Existing Source;
or
3. The production or wastewater generating processes of the building, structure,
facility, or installation are substantially independent of an Existing Source at the
same site. In determining whether these are substantially independent, factors such
as the extent to which the new facility is integrated with the existing plant, and the
extent to which the new facility is engaged in the same general type of activity as the
Existing Source, should be considered.
(b) Construction on a site at which an Existing Source is located results in a modification
rather than a New Source if the construction does not create a new building, structure,
facility, or installation meeting the criteria of (a)2. or (a)3. above but otherwise alters,
replaces, or adds to existing process or production equipment.
(c) Construction of a New Source as defined under this definition has commenced if the
owner or operator has:
1. Begun, or caused to begin, as part of a continuous onsite construction program:
a. any placement, assembly, or installation of facilities or equipment; or
b. significant site preparation work including clearing, excavation, or
removal of existing buildings, structures, or facilities which is necessary for
the placement, assembly, or installation of new source facilities or
equipment; or
2. Entered into a binding contractual obligation for the purchase of facilities or
equipment which are intended to be used in its operation within a reasonable time.
Options to purchase or contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering, and design studies do not
constitute a contractual obligation under this paragraph.
Noncontact Cooling Water. Water used for cooling that does not come into direct contact with any
raw material, intermediate product, waste product, or finished product.
Ordinance Exhibit A
Pass Through. A discharge which exits the POTW 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 NPDES permit, including an increase in the
magnitude or duration of a violation.
Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint
stock company, trust, estate, governmental entity, or any other legal entity; or their legal
representatives, agents, or assigns. This definition includes all Federal, State, and local
governmental entities.
pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, Medical Wastes, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and
industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity,
color, BOD, COD, toxicity, or odor). Pollution is the introduction of pollutants which alters the
chemical, physical, biological or radiological state of water.
Pollution Prevention. Source reduction and other practices that reduce or eliminate the creation of
pollutants through:
(a) Increased efficiency in the use of raw materials, energy, water, or other resources; or
(b) Protection of natural resources by conservation.
Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the
alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such
pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or
biological processes; by process changes; or by other means, except by diluting the concentration of
the pollutants unless allowed by an applicable Pretreatment Standard.
Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment
imposed on a User, other than a Pretreatment Standard.
Pretreatment Standards or Standards. Pretreatment Standards shall mean prohibited discharge
standards, categorical Pretreatment Standards, and Local Limits.
Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the
discharge of certain substances; these prohibitions appear in Section 2.1 of EC 6.550 to 6.586.
Publicly Owned Treatment Works or POTW. A treatment works, as defined by section 212 of the
Act (33 U.S.C. section 1292), which is owned by the City. This definition includes any devices or
systems used in the collection, storage, treatment, recycling, and reclamation of sewage or
industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment
plant.
Ordinance Exhibit A
Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers,
trailers, and septic tanks.
Sewage. Human excrement and gray water, including, but not limited to wastes from bathrooms,
laundries, and kitchens.
Sewer. Any pipe, conduit ditch, or other device used to collect and transport sewage from the
generating source.
SIC Number. A classification pursuant to the Standard Industrial Classification Manual issued by
the Executive Office of the President, Office of Management and Budget.
Significant. Except as otherwise defined in EC 6.550 to 6.586, significant is defined on a case-by-
case basis. If a person subject to EC 6.550 to 6.586 is concerned about whether an act, omission, or
change is "significant," they are advised to immediately contact the office of the City's pretreatment
program for clarification.
Significant Industrial User (SIU).
(a) An Industrial User subject to categorical Pretreatment Standards; or
(b) An Industrial User that:
1. Discharges an average of twenty-five thousand (25,000) gpd or more of process
wastewater to the POTW ( excluding domestic waste, noncontact cooling and boiler
blowdown wastewater);
2. Contributes a process wastestream which makes up five (5) percent or more of
the average dry weather hydraulic or organic capacity of the POTW treatment plant;
or
3. Is designated as such by the City on the basis that it has a reasonable potential for
adversely affecting the POTW's operation or for violating any Pretreatment Standard
or Requirement.
(c) The City may determine that an Industrial User subject to categorical Pretreatment
Standards is a Non-Significant Categorical Industrial User rather than a Significant
Industrial User on a finding that the Industrial User never discharges more than 100 gallons
per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and
boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and
the following conditions are met:
1. The Industrial User, prior to City's finding, has consistently complied with all
applicable categorical Pretreatment Standards and Requirements;
Ordinance Exhibit A
2. The Industrial User annually submits the certification statement required in
Section 8.14 B, together with any additional information necessary to support the
certification statement; and
3. The Industrial User never discharges any untreated concentrated wastewater.
(d) Upon a finding that a User meeting the criteria in subsection(b) has no reasonable
potential for adversely affecting the POTW's operation or for violating any Pretreatment
Standard or Requirement, the City may at any time, on its own initiative or in response to a
petition received from an Industrial User, and in accordance with procedures in 40 CFR
403.8(f)(6), determine that such User should not be considered a Significant Industrial User.
Significant Noncompliance. A SIU ( or an IU which violates( c ), ( d) or (h) below) is in significant
noncompliance if its violation meets one or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-
six percent (66%) or more of all of the measurements taken for the same pollutant parameter
taken during a six (6) month period exceed (by any magnitude) a numeric Pretreatment
Standards or Pretreatment Requirement, including instantaneous limits;
(b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three
percent (33%) or more of wastewater measurements taken for each pollutant parameter
during a six ( 6) month period equals or exceeds the product of the numeric Pretreatment
Standards or Requirement including instantaneous Limits multiplied by the applicable
criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
( c) Any other violation of a pretreatment effluent limit ( daily maximum, long-term average,
instantaneous limit, or narrative standard) that the City Manager determines has caused,
alone or in combination with other discharges, Interference or Pass Through, including
endangering the health of POTW personnel or the general public;
(d) Any discharge of a pollutant that has caused imminent endangerment to the public or to
the environment, or has resulted in the City Manager's exercise of its emergency authority
to halt or prevent such a discharge;
( e) Failure to meet, within ninety (90) days after the schedule date, a compliance schedule
milestone contained in an individual wastewater discharge permit or enforcement order for
starting construction, completing construction, or attaining final compliance;
(f) Failure to provide within forty-five ( 45) days after the due date, any required reports,
including baseline monitoring reports, ninety (90) day compliance reports, periodic self-
monitoring reports, and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance; or
Ordinance Exhibit A
(h) Any other violation(s), which may include a violation of Best Management Practices,
which the City Manager determines will adversely affect the operation or implementation of
the local Pretreatment program.
Slug Load or Slug Discharge. Any discharge at a flow rate or concentration, which could cause a
violation of the prohibited discharge standards inEC 6.552(1) or Local Limits as described in
6.552( 4). A Slug Discharge is any Discharge of a non-routine, episodic nature, including but not
limited to an accidental spill or a non-customary batch Discharge, which has a reasonable potential
to cause Interference or Pass Through, or in any other way violate the POTW' s regulations, Local
Limits or Permit conditions.
Storm Water. Any flow occurring during or following any form of natural precipitation, and
resulting from such precipitation, including snowmelt.
Total Suspended Solids or Suspended Solids. The total suspended matter that floats on the surface
of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory
filtering.
User or Industrial User. A source of indirect discharge into a POTW. The source shall not include a
Domestic User.
Wastewater. Liquid and water-carried industrial wastes and sewage from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or
untreated, which are contributed to the POTW.
Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed to
provide treatment of municipal sewage and industrial waste.
6.552 Industrial Pretreatment Program -Regulations.
(1) Prohibited Discharge Standards.
(a) General Prohibitions. No User shall introduce or cause to be introduced into the POTW
any pollutant or wastewater which will harm the health of the City's employees working in
and around the POTW, interfere with the operation or performance of the POTW,
contaminate the resulting biosolids, or will cause Pass Through or Interference. These
general prohibitions apply to all Users of the POTW whether or not they are subject to
categorical Pretreatment Standards or any other National, State, or local Pretreatment
Standards or Requirements.
(b) Specific Prohibitions.
1. No User shall introduce or cause to be introduced into the POTW the following
pollutants, substances, or wastewater:
Ordinance Exhibit A
a. Any liquids, solids or gases which by reason of their nature or quantity are, or may
be sufficient either alone or in combination with other pollutants to create a fire or
explosive hazard in the POTW, or be injurious in any other way to the POTW or its
operations, including, but not limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides and sulfides or wastestreams with a
closed-cup flashpoint ofless than 140 degrees F (60 degrees C) using the test methods
specified in 40 CFR 261.21 or otherwise specified by the City Manager. At no time
shall two successive readings on an explosion hazard meter, at the point of discharge
(or at any point in the POTW) be more than five (5) percent nor shall any single
reading be over ten percent of the lower explosive limit of the meter;
b. Wastewater having a pH less than 5.5 or more than 12.0, or otherwise
having any other corrosive property capable of causing damage or hazard to
structures, equipment, and/or personnel of the POTW.;
c. Solid or viscous substances which, either alone or in combination with
other pollutants, may cause obstruction to the flow in a sewer or other
interference with the operation of the POTW such as, but not limited to:
grease, garbage with particles greater than one-half inch in any dimension,
animal guts or tissues, paunch manure, bones, hair, hides or fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains
or 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;
d. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released
in a discharge at a flow rate and/or pollutant concentration which, either
singly or by interaction with other pollutants, will cause Interference with the
POTW;
e. Wastewater having a temperature greater than 150 degrees F (65 degrees
C), or which will inhibit biological activity in the treatment plant or stimulate
excessive biological activity in the POTW, resulting in Interference, but in no
case wastewater which causes the temperature at the introduction into the
treatment plant to exceed 104 degrees F ( 40 degrees C);
f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause Interference or Pass Through;
g. Pollutants which result in the presence of toxic gases, vapors, or fumes
within the POTW in a quantity that may cause acute worker health and safety
problems;
Ordinance Exhibit A
h. Trucked or hauled pollutants, except at discharge points designated by the City
Manager in accordance with EC 6.554(4);
i. Noxious or malodorous liquids, gases, solids, or other wastewater which, either
singly or by interaction with other pollutants, are sufficient to create a public
nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or
repair;
j. Wastewater which imparts color which cannot be removed by the treatment
process, such as, but not limited to, dye wastes and vegetable tanning solutions,
which consequently imparts color to the treatment plant's effluent, thereby violating
the City's NPDES permit;
k. Wastewater containing any radioactive wastes or isotopes except in compliance
with applicable local limits and State or Federal regulations;
1. Any unpolluted water including, but not limited to, storm water, surface water,
ground water, artesian well water, roof runoff, subsurface drainage, swimming pool
drainage, condensate, deionized water, noncontact cooling water, and unpolluted
wastewater, unless specifically authorized by the City Manager;
m. Medical Wastes, except as specifically authorized by the City Manager in an
individual wastewater discharge permit
n. Any trucked or hauled domestic or non-domestic wastewater hauled and
discharged into the POTW treatment plant influent having a pH less than 6.0
or greater than 9.0.
o. Any wastewater containing pollutants which, either alone or in
combination with other pollutants, may injure or interfere with any
wastewater treatment process, constitute a hazard to humans or animals,
creates a toxic effect in the receiving waters of the POTW or exceed any
limitation set forth in a National Categorical Pretreatment Standard or any
other Pretreatment Standard.
p. Any pollutant which may cause the POTW's effluent or any other product
of the POTW such as residues, biosolids, or scums, to be unsuitable for
reclamation and reuse or to interfere with the reclamation process.
q. Any pollutant which will cause the City to violate its NPDES permit.
r. Discontinued, expired, or unused pharmaceuticals to the sanitary sewer is
prohibited. Pharmaceuticals include, but are not limited to: hazardous and
non-hazardous prescriptions and over-the counter therapeutic drugs; excess
medication in IV bags, syringes, or vials; chemotherapy drug wastes;
Ordinance Exhibit A
diagnostic agents; nutraceuticals; and antibiotics. Or any hazardous waste
pharmaceutical as defined in 40 CFR 266.500.
2. Users that use continuous monitoring techniques for pH shall meet the
requirements specified in EC 6.552(1)(b)(2); except that temporary excursion above
the upper and lower pH values are allowed as long as:
a. The total time during which values for pH are outside the prohibition or
limitation value does not exceed eight (8) hours in any calendar month;
b. No individual excursion exceeds sixty (60) minutes in length; and
c. No excursion results in or contributes to violations of the prohibitions in
EC 6.552.
d. In no case shall the discharge have a pH lower than 5.0 except as
authorized by the City Manager.
e. When the City Manager determines that a sixty ( 60) minute excursion by
any User will or may result in a violation, the City Manager may establish a
sh01ter allowable duration for that User.
3. Pollutants, substances, or wastewater prohibited by EC 6.552 shall not be
processed or stored in such a manner that they could be discharged to the POTW.
(2) National Categorical Pretreatment Standards. Users must comply with the categorical
Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405-4 71. These
categorical standards shall be met by all industrial users of the regulated industrial categories.
(a) Where a categorical Pretreatment Standard is expressed only in terms of either the mass
or the concentration of a pollutant in wastewater, the City Manager may impose equivalent
concentration or mass limits.
(b) When the limits in a categorical Pretreatment Standard are expressed only in terms of
mass of pollutant per unit of production, the City Manager may convert the limits to equivalent
limitations expressed either as mass of pollutant discharged per day or effluent concentration
for purposes of calculating effluent limitations applicable to individual Industrial Users.
(c) When wastewater subject to a categorical Pretreatment Standard is mixed with
wastewater not regulated by the same Standard, the City Manager shall impose an alternate
limit in accordance with 40 CFR 403.6(e).
(d) When a categorical Pretreatment Standard is expressed only in terms of pollutant
concentrations, an Industrial User may request that the City convert the limits to equivalent
mass limits. The determination to convert concentration limits to mass limits is within the
discretion of the City Manager. The City may establish equivalent mass limits only if the
Ordinance Exhibit A
Industrial User meets all the conditions set forth in Sections (2)(d)l.a. through (2)(d)l.e.
below.
1. To be eligible for equivalent mass limits, the Industrial User must:
a. Employ, or demonstrate that it will employ, water conservation methods
and technologies that substantially reduce water use during the term of its
individual wastewater discharge permit;
b. Currently use control and treatment technologies adequate to achieve
compliance with the applicable categorical Pretreatment Standard, and not
have used dilution as a substitute for treatment;
c. Provide sufficient information to establish the facility's actual average
daily flow rate for all wastestreams, based on data from a continuous effluent
flow monitoring device, as well as the facility's long-term average
production rate. Both the actual average daily flow rate and the long-term
average production rate must be representative of current operating
conditions;
d. Not have daily flow rates, production levels, or pollutant levels that vary
so significantly that equivalent mass limits are not appropriate to control the
Discharge; and
e. Have consistently complied with all applicable categorical Pretreatment
Standards during the period prior to the Industrial User's request for
equivalent mass limits.
2. An Industrial User subject to equivalent mass limits must:
a. Maintain and effectively operate control and treatment technologies
adequate to achieve compliance with the equivalent mass limits;
b. Continue to record the facility's flow rates through the use of a continuous
effluent flow monitoring device;
c. Continue to record the facility's production rates and notify the City
Manager whenever production rates are expected to vary by more than 20
percent from its baseline production rates determined in EC 6.552(2)(d)l .c,
above. Upon notification of a revised production rate, the City Manager will
reassess the equivalent mass limit and revise the limit as necessary to reflect
changed conditions at the facility; and
d. Continue to employ the same or comparable water conservation methods
and technologies as those implemented pursuant to EC 6.552(2)(d)l .a., so
long as it discharges under an equivalent mass limit.
Ordinance Exhibit A
3. When developing equivalent mass limits, the City Manager:
a. Will calculate the equivalent mass limit by multiplying the actual average
daily flow rate of the regulated process(es) of the Industrial User by the
concentration-based Daily Maximum and Monthly Average Standard for the
applicable categorical Pretreatment Standard and the appropriate unit
conversion factor;
b. Upon notification of a revised production rate, will reassess the equivalent
mass limit and recalculate the limit as necessary to reflect changed conditions
at the facility; and
c. May retain the same equivalent mass limit in subsequent individual
wastewater discharger permit terms if the Industrial User's actual average
daily flow rate was reduced solely as a result of the implementation of water
conservation methods and technologies, and the actual average daily flow
rates used in the original calculation of the equivalent mass limit were not
based on the use of dilution as a substitute for treatment pursuant to EC
6.552(6). The Industrial User must also be in compliance with EC 6.582(3)
regarding the prohibition of bypass.
d. The City Manager may convert the mass limits of the categorical
Pretreatment Standards of 40 CFR Parts 414, 419, and 455 to concentration
limits for purposes of calculating limitations applicable to individual
Industrial Users. The conversion is at the discretion of the City Manager.
(e) Once included in its permit, the Industrial User must comply with the equivalent
limitations developed in EC 6.552 in lieu of the promulgated categorical Standards from
which the equivalent limitations were derived.
(f) Many categorical Pretreatment Standards specify one limit for calculating maximum
daily discharge limitations and a second limit for calculating maximum Monthly Average,
or 4-day average, limitations. Where such Standards are being applied, the same production
or flow figure shall be used in calculating both the average and the maximum equivalent
limitation.
(g) Any Industrial User operating under a permit incorporating equivalent mass or
concentration limits calculated from a production-based Standard shall notify the City
Manager within two (2) business days after the User has a reasonable basis to know that the
production level will significantly change within the next calendar month. Any User not
notifying the City Manager of such anticipated change will be required to meet the mass or
concentration limits in its permit that were based on the original estimate of the long term
average production rate.
Ordinance Exhibit A
(3) State Pretreatment Standards. State requirements and limitations on discharges to the POTW shall be
met by all users which are subject to such standards in any instance in which they are more
stringent than the federal requirements and limitations or those in EC 6.550 to 6.586.
( 4) Local Limits.
(a) The City Manager is authorized to establish Local Limits pursuant to 40 CPR 403.5(c).
(b) The pollutant limits are established to protect against Pass Through and Interference.
No SIU shall discharge wastewater containing those pollutants into the POTW, in excess of
limitations specified by conditions of its discharge permit or published by the City Manager.
(c) The City Manager shall publish and revise from time to time rules that designate and
establish limits for Restricted Substances. At all times these rules shall cover and be at least
as strict as those for pollutants as defined in State or federal regulations.
(d) The limits apply at the point where the wastewater is discharged into the POTW. All
concentrations for metallic substances are for total metal unless indicated otherwise. The
City Manager may impose mass limitations in addition to the concentration-based
limitations above.
(e) Individual limits for specific Users may be established on a case-by-case basis for
compounds not specifically listed in published local limits.
(f) The City Manager may develop BMPs, by administrative order or in individual
wastewater discharge permits, to implement Local Limits and the requirements of EC
6.552(1).
(5) City's Right of Revision. The City Manager reserves the right to establish, by administrative
order or in individual wastewater discharge permits, more stringent Standards or Requirements on
discharges to the POTW consistent with the purpose of EC 6.550 to 6.586.
(6) Dilution. No User shall ever increase the use of process water, or in any way attempt to dilute a
discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a
discharge limitation unless expressly authorized by an applicable Pretreatment Standard or
Requirement. The City Manager may impose mass limitations on Users who are using dilution to
meet applicable Pretreatment Standards or Requirements, or in other cases when the imposition of
mass limitations is appropriate.
(7) Pretreatment Standards -Best Management Practices.
(a) The City Manager may develop BMPs, or require a User to develop BMPs, to
implement the prohibitions of EC 6.552(1) (Prohibited Discharge Standards), and EC
6.552(4) (Local Limits). BMPs shall be considered pretreatment standards and local limits
for the purposes of EC 6.550 through 6.586 and Section 307(d) of the CWA. Additionally,
BMPs may be categorical pretreatment standards as established by EPA.
Ordinance Exhibit A
(b) The City Manager may develop general BMPs that are applicable to categories of Users,
or geographic areas.
(8) Special Agreements.
(a) Nothing contained in EC 6.552(1) (Prohibited Discharge Standards), EC 6.552( 4)
(Local Limits), and EC 6.552(7) (BMPs) shall be construed to prohibit an agreement
between the City and any person whereby a discharge which would otherwise be prohibited
by EC 6.550 to 6.586 may be admitted to the POTW.
(b) Such an agreement may be made when, in the opinion of the City Manager, special
circumstances justify such agreement, provided that no Interference or Pass Through results
from the discharge, no contamination of the resulting Biosolids or recycled wastewater
occurs, and no additional costs are incurred by the City without recompense by the person.
( c) Categorical pretreatment standards and federal pretreatment requirements shall not be
waived by special agreement of the pa1iies.
(9) Wastewater Discharge Survey.
(a) User may be required to provide information to the City Manager pertaining to the
nature and quantity of its wastewater discharge. The City Manager may, from time to time,
require that a wastewater discharge survey be completed and returned to the City.
(b) Optionally, a site survey may be conducted and the necessary information obtained for
evaluation. A User may also be required to complete a short-form wastewater discharge
survey at the time of the site survey.
(c) In addition to or in place of a wastewater discharge survey, the City Manager may
require a User to complete an individual wastewater discharge permit application.
6.554 Industrial Pretreatment Program -Pretreatment of Wastewater.
(1) Pretreatment Facilities.
(a) Users shall provide wastewater treatment as necessary to comply with EC 6.550 to
6.586 and shall achieve compliance with all categorical Pretreatment Standards, Local
Limits, and the prohibitions set out in EC 6.552 within the time limitations specified by
EPA, the State, or the City Manager, whichever is more stringent. Any facilities necessary
for compliance shall be provided, operated, and maintained at the User's expense. Detailed
plans describing such facilities and operating procedures shall be submitted to the City
Manager for review, and shall be acceptable to the City Manager before such facilities are
constructed. The review of such plans and operating procedures shall in no way relieve the
Ordinance Exhibit A
User from the responsibility of modifying such facilities as necessary to produce a discharge
acceptable to the City under the provisions of EC 6.550 to 6.586.
(b) A 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 EC 6.550 to 6.586.
( c) Whenever such facilities or modifications are required, they shall be constructed,
installed, operated and maintained at the expense of the User and in a manner and within the
time prescribed by the City Manager as to enable the City to comply with all applicable
regulations and requirements or to protect the POTW or treatment process.
(d) Review and approval of proposed facilities or modifications by the City Manager will
not in any way guarantee that these facilities or modifications will function in the required
manner or attain the required results, nor shall it relieve an 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 EC 6.550 to
6.586 and any individual wastewater discharge permit or Discharge Authorization issued to
the User.
(e) Deadline for Compliance with Applicable Pretreatment Requirements.
I. Compliance by Existing Sources covered by Categorical Pretreatment Standards
shall be within three (3) years of the date the Standard is effective unless a shorter
compliance time is specified in the appropriate Standard.
2. The City Manager shall establish a final compliance deadline date for any Existing
Source not covered by Categorical Pretreatment Standards or for any categorical user
when the local limits for said User are more restrictive than federal Categorical
Pretreatment Standards.
3. New Sources are required to comply with the applicable pretreatment standards
within the shortest feasible time, not to exceed ninety (90) days from the beginning
of the discharge. New Sources shall install, have in operating condition, and shall
start up all pollution control equipment required to meet applicable pretreatment
standards before beginning discharge.
(2) Additional Pretreatment Measures.
(a) Whenever deemed necessary, the City Manager may require Users to restrict their
discharge during peak flow periods, designate that certain wastewater be discharged only
into specific sewers, relocate and/or consolidate points of discharge, separate sewage
wastestreams from industrial wastestreams, and such other conditions as may be necessary
to protect the POTW and determine the User's compliance with the requirements of EC
6.550 to 6.586.
Ordinance Exhibit A
(b) The City Manager may require any person discharging into the POTW to install and
maintain, on their property and at their expense, a suitable storage and flow-control facility
to ensure equalization of flow. An individual wastewater discharge permit may be issued
solely for flow equalization.
( c) Users with the potential to discharge flammable substances may be required to install
and maintain an approved combustible gas detection meter.
(3) Accidental Discharge/Slug Discharge Control Plans. Users shall provide protection against
accidental or slug discharges. The City Manager shall evaluate whether each SIU needs an
accidental discharge/slug discharge control plan or other action to control Slug Discharges. The
City Manager may require any User to develop, submit for approval, and implement such a plan or
take such other action that may be necessary to control Slug Discharges. An accidental discharge/
slug discharge control plan shall be provided and maintained at the User's cost and expense.
Alternatively, the City Manager may develop such a plan for any User. An accidental
discharge/slug discharge control plan shall address, at a minimum, the following:
(a) Description of discharge practices, including nonroutine batch discharges;
(b) Description of stored chemicals;
( c) Procedures for immediately notifying the City Manager of any accidental or Slug
Discharge, as required by EC 6.564(6); and
(d) Procedures to prevent adverse impact from any accidental or Slug Discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment, measures for
containing toxic organic pollutants, including solvents, and/or measures and equipment for
emergency response.
(e) Whenever the facility changes its operations in such a way as to change the potential for
an accidental/slug discharge, the plan must be updated.
(4) Hauled Waste.
(a) Any hauled waste approved to be discharged into the POTW is subject to all the
requirements in EC 6.550 to 6.586.
(b) MWHs proposing to discharge waste to the Septage Receiving Station at the POTW
Treatment Plant shall apply for a Mobile Waste Hauler Discharge Permit.
( c) With the exception of recreational vehicle waste and boat sewage, persons proposing to
discharge waste to the RV Disposal Station shall request and be issued a Discharge
Authorization Letter prior to discharge.
Ordinance Exhibit A
( d) Persons who wish to discharge recreational vehicle waste are not required to receive
discharge authorization; however, a person may be prohibited from discharging if an actual
or potential discharge violates the general discharge prohibitions in EC 6.552(1)(a).
6.556 Industrial Pretreatment Program -Individual Wastewater Discharge Permits.
(1) Wastewater Analysis. When requested by the City Manager, a User must submit information
on the nature and characteristics of its wastewater. The City Manager is authorized to prepare a
form for this purpose and may periodically require Users to update this information in accordance
with EC 6.552(9).
(2) Individual Wastewater Discharge Permit Requirement.
(a) No Significant Industrial User shall discharge wastewater into the POTW without first
obtaining an individual wastewater discharge permit from the City Manager, except that a
Significant Industrial User that has filed a timely application pursuant to EC 6.556 may
continue to discharge for the time period specified therein.
(b) The City Manager may require other Users to obtain individual wastewater discharge
permits as necessary to carry out the purposes of EC 6.550 to 6.586. Any User that is
informed by the City Manager that it is required to obtain an individual wastewater
discharge permit shall do so in accordance with EC 6.556(3).
( c) Any violation of the terms and conditions of an individual wastewater discharge permit
shall be deemed a violation of EC 6.550 to 6.586 and subjects the wastewater discharge
permittee to the sanctions set out in EC 6.576, 6.578 and 6.580. Obtaining an individual
wastewater discharge permit does not relieve a permittee of its obligation to comply with all
Federal and State Pretreatment Standards or Requirements or with any other requirements of
Federal, State, and local law.
(3) Duty to Apply.
(a) Users notified by the City Manager shall apply for an individual wastewater discharge
permit ninety (90) days prior to:
1. Commencing discharge at a new connection where the discharge characteristics
wi 11 meet the definition of a SIU;
2. Establishing a new point of discharge or making a substantial change in the
volume or character of its discharge or process at a facility with an existing
connection that will meet the definition of a SIU; or
3. Establishing a process or modifying a process that would then be subject to
Categorical Pretreatment Standards;
Ordinance Exhibit A
(b) Any Users that do not meet the conditions above shall apply for an individual
wastewater discharge permit within sixty (60) days of being notified by the City Manager of
meeting the definition of a SIU.
(c) A User with an existing individual wastewater discharge permit 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 for an amended permit and may discharge only in
conformity with its existing permit until the permit is modified.
(d) A User with an existing individual wastewater discharge permit that wishes to continue
operations or discharges covered under the permit after expiration shall apply for a new
individual wastewater discharge permit a minimum of ninety (90) days prior the expiration
of the existing permit.
( 4) Individual Wastewater Discharge Permit Application Contents.
(a) All Users required to obtain an individual wastewater discharge permit must submit a
permit application on forms provided by the City. The City Manager may require Users to
submit all or some of the following information as part of a permit application:
1. Identifying Information.
a. The name and address of the facility, including the name of the operator
and owner;
b. Contact information, description of activities, facilities, and plant
production processes on the premises;
c. SIC number and/or NAICS.
2. Environmental Permits. A list of any environmental control permits held by or
for the facility and/or copies of any state or federal licenses issued to the applicant
related to the transportation of wastewater, stormwater, or other liquid Waste.
3. Description of Operations.
a. A description of activities, facilities, plant processes and products
produced on the premises including a general description of types and
quantities of all materials which are or could be discharged into the POTW;
b. Types of wastes generated, and a list of all raw materials and chemicals
used or stored at the facility which are, or could accidentally or intentionally
be, discharged to the POTW;
c. Number and type of employees, hours of operation, and proposed or
actual hours of operation;
Ordinance Exhibit A
d. Type and amount of raw materials and chemicals processed (average and
maximum per day) and stored;
e. Water source, water use, water use distribution throughout the facility and
wastewater flow rates;
f. Site plans, floor plans, mechanical and plumbing plans, and details to
show all sewers, floor drains, and appurtenances by size, location, and
elevation, and all points of discharge;
g. 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;
h. A list of wastewater pollutants and their characteristics actually or
potentially discharged at the applicable plant site including pollutant
measurements if requested by the City;
i. A description of activities and methods of collection, transportation,
storage, and discharge of wastewater, stormwater, or other liquid waste;
j. A description of transportation and storage facilities;
k. A list of all vehicles that the applicant wishes to authorize to discharge
into the POTW including vehicle make/model, vehicle license numbers,
vehicle numbers, total tank capacity, and type of waste hauled;
1. Proof of adequate general liability and property damage insurance;
4. Time and duration of discharges;
5. The location for monitoring all wastes covered by the permit;
6. A description of spill prevention measures or plans which are currently in place;
7. Flow Measurement. Information providing a description of flow monitoring and
wastewater sampling equipment to be installed and methods to be used.
8. Any other information as may be deemed necessary by the City Manager to
evaluate the permit application.
(b) Incomplete or inaccurate applications will not be processed and will be returned to the
User for revision.
Ordinance Exhibit A
(5) Application Signatories and Certifications.
(a) All wastewater discharge permit applications, User reports and certification statements
must be signed by an Authorized Representative of the User and contain the certification
statement in EC 6.566(1 ).
(b) If the designation of an Authorized Representative is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility or
overall responsibility for environmental matters for the company, a new written
authorization satisfying the requirements of this Section must be submitted to the City
Manager prior to or together with any reports to be signed by an Authorized Representative.
(c) A facility determined to be a Non-Significant Categorical Industrial User by the City
Manager pursuant to subsection (3) and (4) of the definition of "Significant Industrial User"
at EC 6.550(5) must annually submit the signed certification statement in EC 6.556(14)(b).
(6) Individual Wastewater Discharge Permit Decisions. The City Manager will evaluate the data
furnished by the User and may require additional information. Within sixty (60) days of receipt of
a complete permit application, the City Manager will determine whether to issue an individual
wastewater discharge permit. The City Manager may deny any application for an individual
wastewater discharge permit.
6.560 Industrial Pretreatment Program -Individual Wastewater Discharge Permit
Issuance.
(1) Individual Wastewater Discharge Permit Duration. An individual wastewater discharge permit
shall be issued for a specified time period, not to exceed five (5) years from the effective date of the
permit. An individual wastewater discharge permit may be issued for a period less than five (5)
years, at the discretion of the City Manager. Each individual wastewater discharge permit will
indicate a specific date upon which it will expire.
(2) Individual Wastewater Discharge Permit Contents. An individual wastewater discharge permit
shall include such conditions as are deemed reasonably necessary by the City Manager to prevent
Pass Through or Interference, protect the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge management and disposal, and protect
against damage to the POTW.
(a) Individual wastewater discharge permits must contain:
1. A statement that indicates the wastewater discharge permit issuance date,
expiration date and effective date;
2. A statement that the wastewater discharge permit is nontransferable without prior
notification to the City Manager, and provisions for furnishing the new owner or
operator with a copy of the existing wastewater discharge permit;
Ordinance Exhibit A
3. Effluent limits, including BMPs, based on applicable Pretreatment Standards;
4. Specifications for monitoring and sampling programs which may include
monitoring and sampling locations, frequency of monitoring, sampling, number and
types of tests, standards for tests and reporting schedules based on Federal, State and
local law;
5. Requirements for submitting technical reports, discharge reports, licenses,
manifests, or plans;
6. Requirements for maintaining and retaining records required by a wastewater
discharge permit, and affording the City Manager access thereto;
7. Requirements for notifying the City two (2) days after a pe1mit holder that is
subject to equivalent mass or concentration limits calculated from a production-
based standard has a reasonable basis to know that the production level will
significantly change within the next calendar month, and that without such
notification, pe1mit holder must meet the mass or concentration limits in its permit
that were based on the original estimate of the long term average flow rate;
8. A statement of applicable civil and criminal penalties for violation of
Pretreatment Standards and Requirements, and any applicable compliance schedule.
Such schedule may not extend the time for compliance beyond that required by
applicable Federal, State, or local law.
9. Requirements to control Slug Discharge, if determined by the City Manager to be
necessary.
10. Requirements for immediately notifying the City of slug load discharges or a
change in potential for spill or slug discharges;
11. Requirement to report a bypass or upset of a pretreatment facility;
12. Requirement for notifying the City Manager where self-monitoring results
indicate noncompliance;
13. Requirement for the SIU who reports noncompliance to repeat the sampling and
analysis and submit analysis to the City Manager within thirty (30) days after
becoming aware of the violation.
(b) Individual wastewater discharge permits may contain, but need not be limited to, the
following conditions:
1. Payment of applicable fees;
2. Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization;
Ordinance Exhibit A
3. Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce, eliminate, or
prevent the introduction of pollutants into the treatment works;
4. Requirements for the development and implementation of spill control plans or
other special conditions including management practices necessary to adequately
prevent accidental, unanticipated, or nonroutine discharges;
5. Requirements to limit, control, or reduce the concentrations of pollutant
discharges through the use of BMPs;
6. The unit charge or schedule of User charges and fees for the management of the
wastewater discharged to the POTW;
7. Requirements for installation and maintenance of pretreatment, inspection, or
monitoring and sampling facilities and equipment, including flow measurement
devices;
8. Compliance schedules;
9. Requirements for notifying the City of any new discharge of a restricted
substance or any substantial change in the volume or character of the wastewater or
any restricted substances being discharged;
10. Requirements that the permit holder notify the City of any disposal of
wastewater in excess of five-hundred (500) gallons to any person in any period of
twelve (12) consecutive calendar months;
11. Authorized points of discharge, regulated processes or waste streams;
12. Requirement for a written report within five (5) days of notification of an
effluent limit violation;
13. Requirement for the SIU to establish and maintain a Sampling and Analysis
Plan;
14. Requirement for adequate general liability and property damage insurance;
15. Requirement to apply in writing for permission to discharge any hauled non-
domestic wastewater;
16. Requirement to provide the City advanced notice of any non-routine or hauled
non-domestic wastewater discharges, and a statement on the authority for the City
Manager to prohibit or condition such discharges;
Ordinance Exhibit A
17. Requirement that a hauled waste discharge site have any spilled material
removed or cleaned up after discharge; or
18. A statement that compliance with the individual wastewater discharge permit
does not relieve the permittee of responsibility for compliance with all applicable
Federal and State Pretreatment Standards, including those which become effective
during the term of the individual wastewater discharge permit; and
19. Other conditions as deemed appropriate by the City Manager to ensure
compliance with EC 6.550 to 6.586, and State and Federal laws, rules, and
regulations.
(c) The City Manager may, at its discretion, issue a certification in lieu of a control
mechanism for NSCIUs and NDCIUs.
(3) Permit Modification. The City Manager may modify an individual wastewater discharge
permit for good cause, including, but not limited to, the following reasons:
(a) To incorporate any new or revised Federal, State, or local Pretreatment Standards or
Requirements;
(b) To address significant alterations or additions to the User's operation, processes, or
wastewater volume or character since the time of the individual wastewater discharge permit
issuance;
( c) A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
(d) Information indicating that the permitted discharge poses a threat to the City's POTW,
City personnel, or the receiving waters;
(e) Violation of any terms or conditions of the individual wastewater discharge permit;
(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting;
(g) Revision of or a grant of variance from categorical Pretreatment Standards pursuant to
40 CFR 403.13;
(h) To correct typographical or other errors in the individual wastewater discharge permit;
or
(i) To reflect a transfer of the facility ownership or operation to a new owner or operator
where requested in accordance with (4) below.
Ordinance Exhibit A
( 4) Individual Wastewater Discharge Permit Transfer.
Individual wastewater discharge permits may be assigned or transferred to a new owner or operator
only if the permittee gives at least thirty (30) days advance notice to the City Manager and the City
Manager approves the individual wastewater discharge permit transfer. Failure to provide advance
notice of a transfer renders the individual wastewater discharge permit voidable as of the date of
facility transfer. The notice to the City Manager must include a written certification by the new
owner or operator which:
(a) States that the new owner and/or operator has no immediate intent to change the
facility's operations and processes;
(b) Identifies the specific date on which the transfer is to occur; and
( c) Assumes full responsibility for complying with the existing individual wastewater
discharge permit.
(5) Individual Wastewater Discharge Permit Revocation.
(a) The City Manager may revoke an individual wastewater discharge permit for good
cause, including, but not limited to, the following reasons:
1. Failure to notify the City Manager of significant changes to the wastewater prior
to the changed discharge;
2. Failure to provide prior notification to the City Manager of changed conditions
pursuant to EC 6.566(5);
3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
4. Falsifying self-monitoring rep01ts and certification statements;
5. Tampering with monitoring equipment;
6. Refusing to allow the City Manager timely access to the facility premises and
records;
7. Failure to meet discharge limitations;
8. Failure to pay fines;
9. Failure to pay sewer charges;
10. Failure to meet compliance schedules;
Ordinance Exhibit A
11. Failure to complete a wastewater survey or the wastewater discharge permit
application;
12. Failure to provide advance notice of the transfer of business ownership of a
permitted facility;
13. If the City Manager has to invoke its emergency provision as cited in EC
6.576(8); or
14. Violation of any Pretreatment Standard or Requirement, or any terms of the
wastewater discharge permit or EC 6.550 to 6.586.
(b) Individual wastewater discharge permits shall be voidable upon cessation of operations
or transfer of business ownership. All individual wastewater discharge permits issued to a
User are void upon the issuance of a new individual wastewater discharge permit to that
User.
( c) The industrial user whose discharge permit is revoked pursuant to this subsection (5)
above shall be prohibited from applying for a new discharge permit for a period of two 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.
(d) The filing of an appeal pursuant to EC 6.562 shall stay enforcement of the action by the
City Manager under this subsection (5) above pending final administrative action on the
appeal. This provision supplements and does not restrict other provisions of this code, laws
or regulations authorizing termination of service for delinquency in payment of fees or
charges.
(6) Individual Wastewater Discharge Permit Reissuance. A User with an expiring individual
wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by
submitting a complete permit application, in accordance with EC 6.556(4), a minimum of ninety
(90) days prior to the expiration of the User's existing individual wastewater discharge permit.
Discharge limits or rules in effect and incorporated into any permit shall remain in effect for that
permit until it expires, except as modified pursuant to EC 6.560(3).
(7) Continuation of Expired Permits. Individual wastewater discharge permits issued for a duration
of less than five (5) years, may be administratively extended up to five (5) years from the effective
date of the permit, but in no case shall an individual wastewater discharge permit be
administratively extended past the maximum duration established in EC 6.560(1). An expired
permit shall continue to be in effect until a final action has been taken on the renewal application to
issue or deny the permit if:
(a) The permit holder has submitted a complete permit application at least ninety (90) days
prior to the expiration of its permit; and
Ordinance Exhibit A
(b) The failure to take Final Action is not due to any act or failure to act on the part of the
permit holder.
6.562 Industrial Pretreatment Program -Reconsideration and Appeals
(1) Reconsideration by Industrial Pretreatment Program. Any person may request a modification
to a decision by the City Manager related to the provisions of EC 6.550 to 6.586 via an
administrative review with the City. The request for modification must be submitted within fifteen
(15) days of receipt of notification of a decision or action. If the request for modification is denied
by Industrial Pretreatment Program staff, the requestor may file for Reconsideration by City
Manager per subsection (2) below.
(2) Reconsideration by City Manager. Any person aggrieved by the final determination of the
Industrial Pretreatment Program staff or aggrieved of any other decision or action not subject to
Industrial Pretreatment Program administrative review, other than judicial enforcement actions,
may file a written request with the City Manager for reconsideration thereof within fifteen (15) days
of receipt of notification of such decision or action. The notice of appeal shall be on a form
provided by the City Manager and shall set forth in reasonable detail the decision or action appealed
from and the facts and arguments supporting the appellant's request for reconsideration. The City
Manager may establish such procedures as may be deemed necessary or proper to conduct the
reconsideration process. The filing of a request for reconsideration shall be a condition precedent to
the right to appeal to the MWMC pursuant to subsection (3) below.
(3) Appeal to MWMC.
(a) Any person aggrieved by the final determination of the City Manager may appeal such
determination to the MWMC. Written notification of such appeal shall be filed with the
MWMC and City Manager, together with the payment of a fee of $50.00, within ten (10) days
after receipt of the final determination of the City Manager. The notice of appeal shall be on
a form provided by the MWMC and shall set forth in reasonable detail the decision or action
appealed from and the facts and arguments supporting the appellant's request for reversal or
modification of the City Manager's determination.
(b) The MWMC shall conduct a hearing on the appeal according to procedures to be
established by the MWMC pursuant to paragraph twelve (12) of the Intergovernmental
Agreement. The MWMC shall submit a copy of its findings and recommendations regarding
the appeal to the City Council within ten (10) days after the hearing. The City Council may
hold a hearing on the recommendations. If the City Council decides to hold a hearing, it will
do so within sixty (60) days after their filing.
( 4) Settlement of Administrative Penalty Assessment. Upon receipt of a Notice of Administrative
penalty Assessment, a User may request a conference with the City Manager or designee. The City
Manager may compromise or settle any unpaid administrative penalty assessed under EC 6.550 to
6.586. A request under this subsection shall not act as a stay, or otherwise affect the filing or
processing of an appeal under subsection (3) above.
Ordinance Exhibit A
EC 6.564 Industrial Pretreatment Program -General Discharge Authorization.
(1) Sector Control Programs.
(a) The City Manager may establish sector control programs for, and issue discharge
authorization letters to User to control specific pollutants as necessary to meet the objectives
and requirements of EC 6.550 to 6.586.
(b) The City Manager may require a User to provide information through a wastewater
discharge survey, wastewater discharge permit application, or other means to aid in the
classification of a User.
(2) Discharge Authorization Letter Conditions.
(a) Users subject to sector control program requirements will be issued a Discharge
Authorization Letter. Letters shall contain, where applicable, the following conditions:
1. A statement of general requirements containing the applicable sector control
program requirements to which the User is subject;
2. Issuance date and effective date of the discharge authorization;
3. Requirements for the installation and maintenance of pretreatment facilities or
devices, if applicable;
4. Applicable effluent limits and BMPs;
5. Requirements for submitting discharge repo1is, BMP compliance reports,
technical reports, manifests, maintenance records, or plans;
6. Requirements for maintaining and retaining records required by a Discharge
Authorization Letter.
(3) Discharge Authorization Letter Duration. Discharge authorizations shall be in effect
indefinitely unless it is cancelled by the City Manager, a User fails to meet the requirements of a
discharge authorization letter, or the authorization letter contains an end date or end discharge date.
6.566 Industrial Pretreatment Program -Reporting Requirements.
(1) Baseline Monitoring Reports.
(a) Within either one hundred eighty (180) days after the effective date of a categorical
Pretreatment Standard, or the final administrative decision on a category determination
under 40 CPR 403.6(a)(4), whichever is later, existing Categorical Industrial Users currently
discharging to or scheduled to discharge to the POTW shall submit to the City Manager a
Ordinance Exhibit A
report which contains the information listed in subsection (l)(b). A New Source shall
report the method of pretreatment it intends to use to meet applicable categorical Standards.
A New Source also shall give estimates of its anticipated flow and quantity of pollutants to
be discharged.
(b) Users described above shall submit the information set forth below.
1. The name and address of the facility including the name of the operator and
owners;
2. A list of any environmental control permits held by or for the facility;
3. A brief description of the nature, average rate of production, and SIC number of
the operation(s) carried out by such User. This description should include a
schematic process diagram which indicates points of discharge to the POTW from
the regulated processes;
4. Information showing the measured average daily and maximum daily flow, in
gallons per day, to the POTW from each of the following:
a. Regulated process streams; and
b. Other streams as necessary to allow use of the combined wastestream
formula of 40 CFR 403.6(e). (See subsection (b)6.d. below.)
5. The City Manager may allow for the verifiable estimates of these flows where it
is justified by cost or feasibility considerations.
6. Measurement of pollutants.
a. Pretreatment Standards applicable to each regulated process;
b. The results of sampling and analysis identifying the nature and
concentration (or mass, where required by the Standard or City Manager) of
regulated pollutants in the discharge from each regulated process. The
sample shall be representative of daily operations. In cases where the
Standard requires compliance with a BMP or pollution prevention
alternative, the User shall submit documentation as required by the City
Manager or the applicable Standards to determine compliance with the
Standard;
c. The User shall take a minimum of one representative sample to compile
that data necessary to comply with the requirements of this subsection 6.
d. Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated process
Ordinance Exhibit A
if no pretreatment exists. If other wastewaters are mixed with the regulated
wastewater prior to pretreatment the User should measure the flows and
concentrations necessary to allow use of the combined wastestream formula
in 40 CPR 403.6(e) to evaluate compliance with the Pretreatment Standards.
Where an alternate concentration or mass limit has been calculated in
accordance with 40 CPR 403.6(e) this adjusted limit along with supporting
data shall be submitted to the City Manager;
e. Sampling and analysis shall be performed in accordance with subsections
(10) and (11);
f. The City Manager may allow the submission of a baseline report which
utilizes only historical data so long as the data provides information
sufficient to determine the need for industrial pretreatment measures;
g. The baseline report shall indicate the time, date and place of sampling and
methods of analysis, and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant Discharges to
thePOTW.
7. Compliance Certification. A statement, reviewed by the User's Authorized
Representative and certified by a qualified professional, indicating whether
Pretreatment Standards are being met on a consistent basis, and, if not, whether
additional operation and maintenance (O&M) and/or additional pretreatment is
required to meet the Pretreatment Standards and Requirements.
8. Compliance Schedule. If additional pretreatment and/or O&M will be required to
meet the Pretreatment Standards, the shortest schedule by which the User will
provide such additional pretreatment and/or O&M must be provided. The
completion date in this schedule shall not be later than the compliance date
established for the applicable Pretreatment Standard. A compliance schedule
pursuant to EC 6.566 must meet the requirements set out in subsection (2) below.
9. The conditions established in EC 6.6.566(2) shall apply to any schedule required
by subsection (1 )(b )8. above.
10. Signature and Report Certification. All baseline monitoring reports must be
certified in accordance with subsection (14)(a) below and signed by an Authorized
Representative.
(2) Compliance Schedule. Should any schedule of compliance be established in accordance with
the requirements of EC 6.550 to 6.586, the following conditions shall apply to such schedule:
(a) The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and operation of
additional pretreatment required for the User to meet the applicable Pretreatment Standards
Ordinance Exhibit A
(such events include, but are not limited to, hiring an engineer, completing preliminary and
final plans, executing contracts for major components, commencing and completing
construction, and beginning and conducting routine operation);
(b) No increment referred to above shall exceed nine (9) months;
(c) The User shall submit a progress report to the City no later than fourteen (14) days
following each date in the schedule and the final date of compliance including, as a
minimum, whether or not it complied with the increment of progress, the reason for any
delay, and, if appropriate, the steps being taken by the User to return to the established
schedule; and
( d) In no event shall more than nine (9) months elapse between such progress reports to the
City Manager.
(3) Reports on Compliance with Categorical Pretreatment Standard Deadline. Within ninety (90)
days following the date for final compliance with applicable categorical Pretreatment Standards, or
in the case of a New Source following commencement of the introduction of wastewater into the
POTW, any User, including all existing sources, subject to such Pretreatment Standards and
Requirements shall submit to the City Manager a report containing the information described in
subsections (1)(6)4. through (1)(6)6. For Users subject to equivalent mass or concentration limits
established in accordance with the procedures inEC 6.552(2), this report shall contain a reasonable
measure of the User's long-term production rate. For all other Users subject to categorical
Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production
( or other measure of operation), this report shall include the User's actual production during the
appropriate sampling period. All compliance reports must be signed and certified in accordance
with subsection (14) below. All sampling will be done in conformance with subsection (11).
(4) Periodic Compliance Reports.
(a) All SIUs must, at a frequency determined by the City Manager submit no less than twice
per year, in June and December reports indicating the nature, concentration of pollutants in
the discharge which are limited by Pretreatment Standards and the measured or estimated
average and maximum daily flows for the reporting period. In cases where the Pretreatment
Standard requires compliance with a Best Management Practice (BMP) or pollution
prevention alternative, the User must submit documentation required by the City Manager or
the Pretreatment Standard necessary to determine the compliance status of the SIU.
1. In support of the information submitted with a periodic compliance report, the
City Manager may also require supporting documents such as, but not limited to,
calibration records, instrumentation maintenance records, and off-site disposal
methods and/or records.
2. The City Manager may, in its discretion, require NSCIUs and NDCIUs to comply
with EC 6.566.
Ordinance Exhibit A
(b) Hauled Waste Reports.
1. All MWHs subject to the requirements of a Mobile Waste Hauler Permit must, at
a frequency determined by the City Manager, submit a hauled waste manifest for
each load discharged that includes information on the origination, collection, source,
and type of wastes discharged along with any other information necessary to track
the source, collection, and discharge of hauled waste into the POTW.
2. Any MWH may be required to provide a waste analysis of any loads for any
pollutants necessary to determine compliance with EC 6.550 to 6.586.
3. In addition to hauled waste manifests, MWHs may be required to submit
information showing that the hauler is authorized to haul waste in the state, that the
hauler's vehicles are in proper working order, and that the hauler has a minimum
amount of liability insurance as deemed necessary by the City Manager.
(c) BMP Reports. All IUs required to implement BMPs must, at a frequency determined
by the City Manager, submit documentation necessary to determine compliance with the
BMP. The documentation may include, but is not limited to, calibration records,
instrumentation maintenance records, off-site disposal methods and/or records, and
wastewater treatment records.
(d) Sector Control Program Reports. All Users required to keep and maintain records in
accordance discharge authorization requirements may be required to submit those records
to the City Manager as necessary to evaluate compliance with Discharge Authorization
Letter requirements.
(e) If a User subject to the reporting requirement in this section monitors any regulated
pollutant at the appropriate sampling location more frequently than required by the City
Manager, using the procedures prescribed in Section 8.11 of this Ordinance, the results of
this monitoring shall be included in the report.
(5) Reports of Changed Conditions. Each IU must notify the City Manager of any significant
changes to the User's operations or system which might alter the nature, quality, or volume of its
wastewater at least thirty (30) days before the change unless a permit application is required to be
submitted in which case, the IU must notify the City Manager ninety (90) days before the change.
(a) The City Manager may require the User to submit such information as may be deemed
necessary to evaluate the changed condition, including the submission of a wastewater
discharge permit application under EC 6.560(2).
(b) The City Manager may issue an individual wastewater discharge permit under EC
6.560(5) or modify an existing discharge permit under EC 6.560(3) in response to changed
conditions or anticipated changed conditions.
Ordinance Exhibit A
(6) Reports of Potential Problems.
(a) In the case of any discharge, including, but not limited to, accidental discharges,
discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a Slug
Discharge or Slug Load, that might cause potential problems for the POTW, on becoming
aware of the circumstances, the User shall immediately telephone and notify the City
Manager of the incident. This notification shall include the location of the discharge, type
of waste, concentration and volume, if known, and corrective actions taken by the User.
(b) Within five (5) days following such discharge, the User shall, unless waived by the City
Manager, submit a detailed written report describing the cause(s) of the discharge and the
measures to be taken by the User to prevent similar future occurrences. Such notification
shall not relieve the User of any expense, loss, damage, or other liability which might be
incurred as a result of damage to the POTW, natural resources, or any other damage to
person or property; nor shall such notification relieve the User of any fines, penalties, or
other liability which may be imposed pursuant to EC 6.550 to 6.586.
(c) A notice shall be permanently posted on the User's bulletin board or other prominent
place advising employees who to call in the event of a discharge described in(6)(a) above,
above. Employers shall ensure that all employees, who could cause such a discharge to
occur, are advised of the emergency notification procedure.
(d) SIUs are required to notify the City Manager immediately of any changes at its facility
affecting the potential for a Slug Discharge.
(7) Reports from Unpermitted Users. All Users not required to obtain an individual wastewater
discharge permit shall provide appropriate reports to the City Manager as the City Manager may
require.
(8) Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a User
indicates a violation, the User must notify the City Manager within twenty-four (24) hours of
becoming aware of the violation. The User shall also repeat the sampling and analysis and submit
the results of the repeat analysis to the City Manager within thi1iy (30) days after becoming aware
of the violation. The User must submit a certified repmi with the laboratory report or field data
showing the violation and a written narrative detailing the cause of the violation and what the User
will do or has done to prevent the violation from happening again within five (5) days after
notification. Resampling by the User is not required if the City performs sampling at the User's
facility at least once a month, or if the City performs sampling at the User between the time when
the initial sampling was conducted and the time when the User or the City receives the results of
this sampling, or if the City has performed the sampling and analysis in lieu of the User.
(9) Notification of the Discharge of Hazardous Waste and Reporting Requirements.
(a) Any User who commences the discharge of hazardous waste shall notify the City
Manager, the EPA Regional Waste Management Division Director, and State hazardous
waste authorities, in writing, of any discharge into the POTW of a substance which, if
Ordinance Exhibit A
otherwise disposed of, would be a hazardous waste under 40 CPR Part 261. Such
notification must include the name of the hazardous waste as set forth in 40 CPR Part 261,
the EPA hazardous waste number, and the type of discharge ( continuous, batch, or other). If
the User discharges more than one hundred (100) kilograms of such waste per calendar
month to the POTW, the notification also shall contain the following information to the
extent such information is known and readily available to the User: an identification of the
hazardous constituents contained in the wastes, an estimation of the mass and concentration
of such constituents in the wastestream discharged during that calendar month, and an
estimation of the mass of constituents in the waste stream expected to be discharged during
the following twelve (12) months. All notifications must take place no later than one
hundred and eighty (180) days after the discharge commences. Any notification under this
subsection (9) need be submitted only once for each hazardous waste discharged. However,
notifications of changed conditions must be submitted under subsection (5) above. The
notification requirement in this subsection (9) does not apply to pollutants already reported
by Users subject to categorical Pretreatment Standards in baseline monitoring, ninety (90)
day and periodic compliance reports.
(b) Users are exempt from the requirements ofsubsection (9)(a), above, during a calendar
month in which they discharge no more than fifteen (15) kilograms of hazardous wastes,
unless the wastes are acute hazardous wastes as specified in 40 CPR 261.30( d) and
261.33(e). Discharge of more than fifteen (15) kilograms ofnonacute hazardous wastes in a
calendar month, or of any quantity of acute hazardous wastes as specified in 40 CPR
261 .30( d) and 261.33( e ), requires a one-time notification. Subsequent months during which
the User discharges more than such quantities of any hazardous waste do not require
additional notification.
(c) In the case of any new regulations under section 3001 ofRCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous waste,
the 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 ninety (90) days of the effective date of such regulations.
(d) In the case of any notification made under this subsection (9), the User shall certify that
it has a program in place to reduce the volume and toxicity of hazardous wastes generated
to the degree it has determined to be economically practical.
( e) This subsection (9) does not create a right to discharge any substance not otherwise
permitted to be discharged by EC 6.550 to 6.586, a permit issued thereunder, or any
applicable Federal or State law.
(10) Analytical Requirements. All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or report shall be performed in
accordance with the techniques prescribed in 40 CPR Part 136 and amendments thereto, unless
otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does
not contain sampling or analytical techniques for the pollutant in question, or where the EPA
determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant
Ordinance Exhibit A
in question, sampling and analyses shall be performed by using validated analytical methods or any
other applicable sampling and analytical procedures, including procedures suggested by the City
Manager or other parties approved by EPA.
(11) Sample Collection. Samples collected to satisfy reporting requirements must be based on data
obtained through appropriate sampling and analysis performed during the period covered by the
report, based on data that is representative of conditions occurring during the reporting period.
(a) Except as indicated in (b) and (c) below, the User must collect wastewater samples
using 24-hour flow-proportional composite sampling techniques, unless time-proportional
composite sampling or grab sampling is authorized by the City Manager. Where
time-proportional composite sampling or grab sampling is authorized by the City, the
samples must be representative of the discharge. Using protocols (including appropriate
preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab
samples collected during a 24-hour period may be composited prior to the analysis as
follows: for cyanide, total phenols, and sulfides the samples may be composited in the
laboratory or in the field; for volatile organics and oil and grease, the samples may be
composited in the laboratory. Composite samples for other parameters unaffected by the
compositing procedures as documented in approved EPA methodologies may be authorized
by the City, as appropriate. In addition, grab samples may be required to show compliance
with Instantaneous Limits.
(b) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and
volatile organic compounds must be obtained using grab collection techniques.
(c) Samples for pH may be obtained by using grab collection techniques or continuous
monitoring techniques.
1. The method required is at the discretion of the City Manager.
2. For continuous monitoring techniques, the City Manager may specify the period
and conditions of a pH excursion, including, but not limited to, equipment
maintenance and calibration.
(c) For sampling required in support of baseline monitoring and 90-day compliance reports
required in EC 6.566, a minimum of four (4) grab samples must be used for pH, cyanide,
total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which
historical sampling data do not exist; for facilities for which historical sampling data are
available, the City Manager may authorize a lower minimum. For the reports required
byEC6.566(3), the User is required to collect the number of grab samples necessary to
assess and assure compliance by with applicable Pretreatment Standards and Requirements.
(12) Date of Receipt of Reports. Written reports will be deemed to have been submitted on the
date postmarked or on the date ofreceipt of the report by the City Manager.
(13) Recordkeeping. Users subject to the reporting requirements of EC 6.550 to 6.586 shall retain,
and make available for inspection and copying, all records of information obtained pursuant to any
Ordinance Exhibit A
monitoring activities required by EC 6.550 to 6.586, any additional records of information obtained
pursuant to monitoring activities undertaken by the User independent of such requirements, and
documentation associated with BMPs. Records shall include the date, exact place, method, and
time of sampling, and the name of the person(s) taking the samples; the dates analyses were
performed; who performed the analyses; the analytical techniques or methods used; and the results
of such analyses. These records shall remain available for a period of at least three (3) years and
shall be made available for physical or electronic inspection and copying by the City Manager,
State, or EPA. This retention period shall be automatically extended for the duration of any
litigation concerning the User or the City, or where the User has been specifically notified of a
longer retention period by the City Manager, State, or EPA.
(14) Certification Statements.
(a) Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The
following certification statement is required to be signed and submitted by Users submitting
permit applications in accordance with EC 6.556(5); Users submitting baseline monitoring
rep01is under subsection (1) above; Users submitting reports on compliance with the
categorical Pretreatment Standard deadlines; Users submitting 90-Day compliance reports
required by EC 6.566(3), and Users submitting an initial request to forego sampling of a
pollutant. The following certification statement must be signed by an Authorized
Representative as defined in EC 6.550(5):
I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the ieformation, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submittingfalse information, including the
possibility of fine and imprisonment for knowing violations.
(b) Annual Certification for Non-Significant Categorical Industrial Users. A facility
determined to be a Non-Significant Categorical Industrial User by the City Manager must
annually submit the following certification statement signed in accordance with the
definition of "Authorized or Duly Authorized Representative of the User" inEC 6.550(4).
This certification must accompany an alternative report required by the City Manager:
Based on my inquiry of the person or persons directly responsible for
managing compliance with the categorical Pretreatment Standards under 40
CFR __ , I certify that, to the best of my knowledge and belief that during
the period from ____ ..., to----[months, days, year}:
(a) The facility described as _______ ~_[facility name} met the
definition of a Non-Significant Categorical Industrial User as described in
Ordinance Exhibit A
subsections (3) and ( 4) of the definition of "Significant Industrial User" at
EC 6.550(5);
(b) The facility complied with all applicable Pretreatment Standards and
requirements during this reporting period; and
(c) The facility never discharged more than 100 gallons of total categorical
wastewater on any given day during this reporting period.
This compliance certification is based on the following information.
(c) Hauled Waste Manifests. For MWHs subject to discharge reporting requirements in
Hauled Waste Permits, the following certification Statement must be signed by a
driver/operator of a hauled waste vehicle authorized to discharge at the Septage Receiving
Station:
I certify under penalty of law that the information listed in this manifest was
prepared by me and the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and imprisonment
for knowing violations. !further certify that all discharges covered by this manifest
are not hazardous as defined at 40 CFR Part 261. !further certify that all
discharges made to the POTW are being made in accordance and in compliance
with the requirements specified in Sections __ to _ of __ City Code and the
Mobile Waste Hauler Permit.
(15) Electronic Reporting. Users that submit electronic documents to the City to satisfy the
requirements of EC 6.566 must ensure all documents comply with the CROMERR requirements, as
set out in EC 6.552.
6.568 Industrial Pretreatment Program -Compliance Monitoring.
(1) Right of Entry: Inspection and Sampling. The City Manager shall have the right to enter the
premises of any User as often as deemed necessary (SIUs should expect to be inspected at a
minimum once annually) to determine whether the User is complying with all requirements of EC
6.550 to 6.586 and any individual wastewater discharge permit or order issued hereunder. Users
shall allow authorized representatives of the City, State and EPA ready access to all parts of the
premises for the purposes of inspection, sampling, records examination and copying, and the
performance of any additional duties.
Ordinance Exhibit A
(a) Where a User has security measures in force which require proper identification and
clearance before entry into its premises, the User shall make necessary arrangements with its
security guards so that, upon presentation of suitable identification, the representatives shall
be permitted to enter without delay for the purposes of performing specific responsibilities.
Unreasonable delays in allowing representatives from the City, State, or EPA access to the
User's premises shall be a violation of EC 6.550 to 6.586.
(b) Entry may not be conditioned upon any City, State, or EPA representative signing any
type of confirmation, release, consent, acknowledgement, or other type of agreement.
(c) The City, State and EPA shall have the right to set up on the User's property, or require
installation of, such devices as are necessary to conduct sampling, observation, inspection,
compliance monitoring and/or metering of the User's operations.
(d) The City, State and EPA may require the User to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be maintained at all
times in a safe and proper operating condition by the User at its own expense. All devices
used to measure wastewater flow and quality shall be calibrated at the manufacturer's
recommendation to ensure their accuracy.
( e) Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the User at the written or verbal
request of the City, State and EPA and shall not be replaced. The costs of clearing such
access shall be borne by the User.
(f) Unreasonable delays in allowing the City, State and EPA access to the User's premises
shall be a violation of EC 6.550 to 6.586.
(2) Monitoring Facilities.
(a) The City Manager may require the User to install and maintain at its expense a suitable
sampling location(s) and/or monitoring equipment, to facilitate representative observation,
sampling and measurement of wastewater being discharged.
(b) If feasible, such sampling location shall be located where it is accessible from a public
road or street 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. If infeasible, the User
shall receive prior approval for deviation from this requirement.
(c) It shall be constructed in accordance with plans and at a location approved by the City
Manager. The approval of such plans shall in no way relieve the User from the
responsibility of modifying such sampling location(s) as necessary to ensure representative
observation, sampling and measurement.
(d) The sampling location(s) and monitoring equipment required in this subsection (2) shall
be maintained in proper working order and kept safe and accessible at all times.
Ordinance Exhibit A
(3) Search Warrants. If the City Manager has been refused access to a building, structure, or
property, or any part thereof, and is able to demonstrate probable cause to believe that there may be
a violation of EC 6.550 to 6.586, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the City designed to verify compliance with EC 6.550 to 6.586
or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of
the community, the City Manager may seek issuance of a search warrant from the Lane County
Circuit Court of Oregon.
6.570 Industrial Pretreatment Program -Confidential Information. Information and data on
a User obtained from reports, surveys, wastewater discharge permit applications, individual
wastewater discharge permits, and monitoring programs, and from inspection and sampling
activities, shall be available to the public and other governmental agencies without restriction,
unless the User specifically requests in writing, and is able to demonstrate to the satisfaction of the
City Manager, that such records are exempt from disclosure under the Oregon Public Records Law
ORS 192.410, et seq. All such information and data shall be available at least to the extent
necessary to permit the City Manager to ensure compliance with EC 6.550 to 6.586 as well as the
requirements of 40 CFR section 2.302. Any such request must be asserted at the time of submission
or collection of the information or data. When requested and demonstrated by the User furnishing a
report that such information should be held confidential, the portions of a report which might
disclose trade secrets or secret processes shall not be made available for inspection by the public,
but shall be made available immediately upon request to governmental agencies for uses related to
the NPDES program or pretreatment program, and in enforcement proceedings involving the person
furnishing the report. However, all information and data reported shall be available for use by the
City, state or any state agency or federal agency in judicial or enforcement proceedings involving
the person furnishing the report. Wastewater constituents and characteristics and other effluent data,
as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be
available to the public without restriction.
6.572 Publication of Users in Significant Noncompliance. The City Manager shall publish
annually, in a newspaper or other media of general circulation that provides meaningful public
notice within the City metropolitan area, a list of the Users which, at any time during the previous
twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and
Requirements.
6.574 Industrial Pretreatment Program -Cross Media Electronic Reporting (Cromerr).
(1) EC 6.574 serves as the framework establishing electronic reporting in compliance with 40 CFR
Part 403 and 40 CFR part 3.
(2) Definitions to establish the framework for electronic reporting. For the purposes of EC 6.574,
the following definitions apply:
Copy of Record. A true and correct copy of an electronic document received by an
electronic document receiving system, which copy can be viewed in a human-readable
Ordinance Exhibit A
format that clearly and accurately associates all the information provided in the electronic
document with descriptions or labeling of the information. A copy ofrecord includes:
(a) All electronic signatures contained in or logically associated with that document;
(b) The date and time of receipt; and
(b) Any other information used to record the meaning of the document or the
circumstances of its receipt.
Electronic Document. Any information in digital form that is conveyed to an agency or
third-party, where "information" may include data, text, sounds, codes, computer programs,
software, or databases. "Data," in this context, refers to a delimited set of data elements,
each of which consists of a content or value together with an understanding of what the
content or value means; where the electronic document includes data, this understanding of
what the data element content or value means must be explicitly included in the electronic
document itself or else be readily available to the electronic document recipient.
Electronic Document Receiving System. Any set of apparatus, procedures, software,
records, or documentation used to receive electronic documents.
Electronic Signature Agreement. An agreement signed by an individual with respect to an
electronic signature device that the individual will use to create his or her electronic
signatures requiring such individual to protect the electronic signature device from
compromise; to promptly report to the agency or agencies relying on the electronic
signatures created any evidence discovered that the device has been compromised; and to be
held as legally bound, obligated, or responsible by the electronic signatures created as by a
handwritten signature.
Electronic Signature Device. A code or other mechanism that is used to create electronic
signatures. Where the device is used to create an individual's electronic signature, then the
code or mechanism must be unique to that individual at the time the signature is created and
they must be uniquely entitled to use it. The device is compromised if the code or
mechanism is available for use by any other person.
Electronic Signature. Any information in digital form that is included in or logically
associated with an electronic document for the purpose of expressing the same meaning and
intention as would a handwritten signature if affixed to an equivalent paper document with
the same reference to the same content. The electronic document bears or has on it an
electronic signature where it includes or has logically associated with it such information.
Handwritten Signature. The scripted name or legal mark of an individual, handwritten by
that individual with a marking-or writing-instrument such as a pen or stylus and executed or
adopted with the present intention to authenticate a writing in a permanent form, where "a
writing" means any intentional recording of words in a visual form, whether in the form of
handwriting, printing, typewriting, or any other tangible form. The physical instance of the
Ordinance Exhibit A
scripted name or mark so created constitutes the handwritten signature. The scripted name
or legal mark, while conventionally applied to paper, may also be applied to other media.
Valid Electronic Signature. An electronic signature on an electronic document that has been
created with an electronic signature device that the identified signatory is uniquely entitled
to use for signing that document, where this device has not been compromised, and where
the signatory is an individual who is authorized to sign the document by virtue of his or her
legal status and/or his or her relationship to the entity on whose behalf the signature is
executed.
(3) Reporting Requirements for Electronic Submissions. Beginning on [FILL IN the effective date
of this Ordinance], and if authorized by the City, reports and notifications required by SIUs under
EC 6.550 to 6.586 shall be electronically submitted to the City. All electronic documents shall be
submitted by the designated electronic document receiving systems and verified with a valid
electronic signature to develop a copy of record.
( 4) Reporting Requirements.
(a) A person is subject to any applicable federal civil, criminal, or other penalties or
remedies for failure to comply with a reporting requirement if the person submits an
electronic document to the City and fails to comply with the applicable provisions for
electronic reporting.
(b) Where an electronic document submitted to the City bears an electronic signature, the
electronic signature legally binds, obligates, and makes the signatory responsible, to the
same extent as the signatory's handwritten signature would on a paper document submitted
to the City.
( c) Proof that a particular signature device was used to create an electronic signature will
suffice to establish that the individual uniquely entitled to use the device did so with the
intent to sign the electronic document and give it effect.
( d) Nothing in EC 6.574 limits the use of electronic documents or information derived from
electronic documents as evidence in enforcement or other proceedings.
(5) IU Reporting and Notification Requirements. Non-SIU Users who are not subject to mandatory
electronic reporting may choose to provide reports and notifications electronically, and may do so
only by in accordance with the requirements set out in EC 6.574.
6.576 Industrial Pretreatment Program -Administrative Compliance Remedies.
(1) Warning Letter. When the City Manager finds a User has violated any provision of EC 6.550
to 6.586, a wastewater discharge permit, General Discharge Authorization, Discharge Authorization
Letter, or any other Pretreatment Standard or Requirement, the City may issue a written Warning
Letter to the User. The Warning Letter shall specify the violations(s) and consequences of
Ordinance Exhibit A
continued noncompliance. For violations of a Discharge Authorization Letter, the Warning Letter
may contain corrective action(s) and a schedule for completing the corrective action(s).
(2) Notification of Violation. When the City Manager finds that a User has violated, or continues
to violate, any provision of EC 6.550 to 6.586, an individual wastewater discharge permit, General
Discharge Authorization, Discharge Authorization Letter or order issued hereunder, or any other
Pretreatment Standard or Requirement, the City may serve upon that User a written Notice of
Violation. The Notice of Violation shall specify the violation and may require a written response
from the violator detailing the actions that will be taken to resolve the violation(s) and/or corrective
actions and a schedule for completing the corrective action(s). A Notice of Violation may also
include a Notice of Administrative Penalty Assessment. Submission of such a plan in no way
relieves the User ofliability for any violations occurring before or after receipt of the Notice of
Violation. Nothing in EC 6.574 shall limit the authority of the City Manager to take any action,
including emergency actions or any other enforcement action, without first issuing a Notice of
Violation.
(3) Administrative Compliance Orders. When the City Manager finds that a User has violated, or
continues to violate, any provision of EC 6.550 to 6.586, an individual wastewater discharge
permit, General Discharge Authorization, Discharge Authorization Letter, or order issued
hereunder, or any other Pretreatment Standard or Requirement, the City may issue a written
Administrative Compliance Order to the User directing that the User come into compliance within
a specified time. The Order shall specify the violation(s) and require compliance measures. The
Order may also include a Notice of Administrative Penalty Assessment for the violation. If the User
does not come into compliance within the time provided, sewer service may be discontinued unless
adequate treatment facilities, devices, or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to address the noncompliance,
including additional self-monitoring and management practices designed to minimize the amount of
pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance
established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the
User of liability for any violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any other action against the User.
(4) Stipulated Enforcement Orders. The City Manager may enter into a stipulated enforcement
order for any violation. The Stipulated Enforcement Order shall state findings, direct the User to
come into compliance within a specified time and may contain other requirements to address the
noncompliance, including but not limited to interim pretreatment limits and compliance goals, and
additional self-monitoring and management designed to minimize the amount of pollutants
discharged to the POTW.
(5) Service. Enforcement actions shall either be served by personal service or shall be sent by
registered or certified mail and by first class mail. Any such notice served by mail shall be deemed
received for purposes of any time computations hereunder three (3) days after the date mailed if to
Ordinance Exhibit A
an address within this stare, and seven (7) days after the date mailed if to an address outside of this
state.
(6) Cease and Desist Orders. When the City Manager finds that a User has violated, or continues
to violate, any provision of EC 6.550 to 6.586, an individual wastewater discharge permit, General
Requirement, Discharge Authorization or order issued hereunder, or any other Pretreatment
Standard or Requirement, or that the User's past violations are likely to recur, the City Manager
may issue an order to the User directing it to cease and desist all such violations and directing the
User to:
(a) Immediately comply with all requirements; and
(b) Take such appropriate remedial or preventive action as may be needed to properly
address a continuing or threatened violation, including halting operations and/or terminating
the discharge. Issuance of a cease and desist order shall not be a bar against, or a
prerequisite for, taking any other action against the User.
(7) Administrative Penalties or Fines.
(a) When the City Manager finds that a User has violated, or continues to violate, any
provision of EC 6.550 to 6.586, an individual wastewater discharge permit, General
Requirements, Discharge Authorization, or order issued hereunder, or any other
Pretreatment Standard or Requirement, the City Manager may fine such User in an amount
not to exceed $25,000. Such fines shall be assessed on a per-violation, per-day basis. In the
case of monthly or other long-term average discharge limits, fines shall be assessed for each
day during the period of violation.
(b) As a part of a Notice of Violation, Administrative Compliance Order, or separately, the
City Manager may issue a Notice of Administrative Penalty Assessment pursuant to EC
6.550 to 6.586 for any violation. The amount of the administrative penalty shall be
determined through the use of the Enforcement Response Plan.
( c) Collection of the penalties determined by the City Manager may be in the manner
provided in this code for the collection of sewer user charges, in accordance with any other
provisions of this code, or in any other manner provided by law.
(d) If the User objects to the assessment of any penalty provided by EC 6.576, the User
shall have all the rights and shall proceed in compliance with the provisions of EC 6.562.
(e) Any person who violates EC 6.550 to 6.586 or a condition of a discharge permit, as a
result of which the City performs or causes to be performed preventative or corrective work
or which results in damage to the POTW shall be liable to the City for such damage and the
cost of such preventive or corrective work, additional treatment and for any penalties,
including withholding of any grant money, levied against the City for violation of State or
federal permits resulting from said violation. The City may collect such charges in the
Ordinance Exhibit A
manner provided in this code for the collection of sewer user charges, in accordance with
any other provisions of this code, or in any other manner provided by law.
(f) In the event that a User discharges such pollutants which cause the City to violate any
condition of its NPDES permit and the City is fined by EPA or the State for such violation,
then such User shall be fully liable for the total amount of the fine assessment against the
City by the EPA and /or State.
(g) No person shall willfully or negligently break, destroy, uncover, deface, tamper with, or
prevent access to any structure, appurtenance or equipment, or other part of the POTW.
Any person found in violation of this requirement shall be subjected to sanctions set out in
EC 6.550 to 6.586.
(h) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking
any other action against the User.
(8) Emergency Suspensions.
(a) The City Manager may immediately suspend a User's discharge, after informal notice to
the User, whenever such suspension is necessary to stop an actual or threatened discharge,
which reasonably appears to present, or cause an imminent or substantial endangerment to
the health or welfare of persons. The City Manager may also immediately suspend a User's
discharge, after notice and opportunity to respond, that threatens to interfere with the
operation of the POTW, or which presents, or may present, an endangerment to the
environment.
1. Any User notified of a suspension of its discharge shall immediately stop or
eliminate its contribution. In the event of a User's failure to immediately comply
voluntarily with the suspension order, the City Manager may take such steps as
deemed necessary, including immediate severance of the sewer connection, to
prevent or minimize damage to the POTW, its receiving stream, or endangerment to
any individuals. The City Manager may allow the User to recommence its discharge
when the User has demonstrated to the satisfaction of the City Manager that the
period of endangerment has passed, unless the termination proceedings EC 6.576(9)
are initiated against the User.
2. A User that is responsible, in whole or in pait, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing the
causes of the harmful contribution and the measures taken to prevent any future
occurrence, to the City Manager prior to the date of any Reconsideration or Appeal
under EC 6.562.
(b) The filing of an appeal pursuant to EC 6.562 shall not stay an emergency suspension by
the City Manager.
Ordinance Exhibit A
(9) Termination of Discharge.
(a) In addition to the provisions in EC 6.560(2), any User who violates the following
conditions is subject to discharge termination:
1. Violation of individual wastewater discharge permit conditions;
2. Failure to accurately report the wastewater constituents and characteristics of its
discharge;
3. Failure to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
4. Refusal ofreasonable access to the User's premises for the purpose of inspection,
monitoring, or sampling; or
5. Violation of the Pretreatment Standards in EC 6.552.
(b) Such User will be notified of the proposed termination of its discharge and be offered an
opportunity to appeal as set out in EC 6.562. Exercise of this option by the City Manager
shall not be a bar to, or a prerequisite for, taking any other action against the User.
6.578 Industrial Pretreatment Program -Judicial Enforcement Remedies.
(1) General. Nothing in EC 6.550 to 6.586 shall prevent the City Manager from seeking judicial or
governmental agency assistance to implement the purposes and provisions of EC 6.550 to 6.586.
(2) Injunctive Relief. When the City Manager finds that a User has violated, or continues to
violate, any provision of EC 6.550 to 6.586, an individual wastewater discharge permit, or order
issued hereunder, or any other Pretreatment Standard or Requirement, the City Manager may
petition the Lane County Circuit Court through the City's Attorney for the issuance of a temporary
or permanent injunction, as appropriate, which restrains or compels the specific performance of the
individual wastewater discharge permit, order, or other requirement imposed by EC 6.550 to 6.586
on activities of the User. the City Manager may also seek such other action as is appropriate for
legal and/or equitable relief, including a requirement for the User to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking
any other action against a User.
(3) Civil Penalties.
(a) A User who has violated, or continues to violate, any provision of EC 6.550 to 6.586,
an individual wastewater discharge permit or order issued hereunder, or any other
Pretreatment Standard or Requirement shall be liable to the City for a maximum civil
penalty allowed under State law but not less than $1,000 per violation but not to exceed
Ordinance Exhibit A
$25,000, per day. In the case of a monthly or other long-term average discharge limit,
penalties shall accrue for each day during the period of the violation.
(b) The City Manager may recover reasonable attorneys' fees, court costs, and other
expenses associated with enforcement activities, including sampling and monitoring
expenses, and the cost of any actual damages incurred by the City.
( c) In determining the amount of civil liability, the Court shall take into account all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit gained through the User's
violation, corrective actions by the User, the compliance history of the User, and any other
factor as justice requires.
( d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any
other action against a User.
( 4) Criminal Prosecution.
(a) A User who willfully or negligently violates any provision of EC 6.550 to 6.586, an
individual wastewater discharge permit or order issued hereunder, or any other Pretreatment
Standard or Requirement shall, upon conviction, be guilty of a misdemeanor, punishable by
a fine of not less than $1,000 but not more than $25,000 per violation, per day, or
imprisonment for not more than one year, or both.
(b) A User who willfully or negligently introduces any substance into the POTW which
causes personal injury or property damage shall, upon conviction, be guilty of a
misdemeanor and be subject to a penalty of at least $1,000 but not more than $25,000, or be
subject to imprisonment for not more than one year, or both. This penalty shall be in
addition to any other cause of action for personal injury or property damage available under
State law.
(c) A User who knowingly makes any false statements, representations, or certifications in
any application, record, report, plan, or other documentation filed, or required to be
maintained, pursuant to EC 6.550 to 6.586 individual wastewater discharge permit, or order
issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under EC 6.550 to 6.586 shall, upon conviction, be
punished by a fine of not less than $1,000 but not more than $25,000 per violation, per day,
or imprisonment for not more than one year, or both.
(d) In the event of a second conviction, a User shall be punished by a fine of not less than
$1,000 but not more than $25,000 per violation, per day, or imprisonment for not more than
three years, or both.
(5) Remedies Nonexclusive. The remedies provided for in EC 6.550 to 6.586 are not exclusive.
The City Manager may take any, all, or any combination of these actions against a noncom pliant
User. Enforcement of pretreatment violations will generally be in accordance with the City's
Ordinance Exhibit A
enforcement response plan. However, the City Manager may take other action against any User
when the circumstances warrant. Further, the City Manager is empowered to take more than one
enforcement action against any noncompliant User.
6.580 Industrial Pretreatment Program -Supplemental Enforcement. Action.
(1) Payment of Outstanding Fees and Penalties. The City Manager may decline to issue or reissue
an individual wastewater discharge permit to any User who has failed to pay any outstanding fees,
fines or penalties incurred as a result of any provision of EC 6.550 to 6.586, a previous individual
wastewater discharge permit, or order issued hereunder.
(2) Water Supply Severance. Whenever a User has violated or continues to violate any provision
of EC 6.550 to 6.586, an individual wastewater discharge permit, or order issued hereunder, or any
other Pretreatment Standard or Requirement, water service to the User may be severed. Service
will recommence, at the User's expense, only after the User has satisfactorily demonstrated its
ability to comply.
(3) Public Nuisances. A violation of any provision of EC 6.550 to 6.586, an individual wastewater
discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement is
hereby declared a public nuisance and shall be corrected or abated as directed by the City Manager.
Any person(s) creating a public nuisance shall be subject to the provisions of the City Code
governing such nuisances, including reimbursing the City for any costs incurred in removing,
abating, or remedying said nuisance.
6.582 Industrial Pretreatment Program -Affirmative Defenses to Discharge Violations.
(1) Upset.
(a) An upset means an exceptional incident in which there is unintentional and temporary
noncompliance with categorical Pretreatment Standards because of factors beyond the
reasonable control of the User. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper operation.
(b) An upset shall constitute an affirmative defense to an action brought for noncompliance
with categorical Pretreatment Standards if the requirements of subsection (l)(c) below are
met.
(c) A User who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that:
1. An upset occurred and the User can identify the cause(s) of the upset;
Ordinance Exhibit A
2. The facility was at the time being operated in a prudent and workman-like
manner and in compliance with applicable operation and maintenance procedures;
and
3. The User has submitted the following information to the City Manager within
twenty-four (24) hours of becoming aware of the upset. If this information is
provided orally, a written submission must be provided within five (5) days:
a. A description of the indirect discharge and cause of noncompliance;
b. The period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to continue;
and
c. Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(d) In any enforcement proceeding, the User seeking to establish the occurrence of an upset
shall have the burden of proof.
(e) Users shall have the opportunity for a judicial dete1mination on any claim of upset only
in an enforcement action brought for noncompliance with categorical Pretreatment
Standards.
(f) Users shall control production of all discharges to the extent necessary to maintain
compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its
treatment facility until the facility is restored or an alternative method of treatment is
provided. This requirement applies in the situation where, among other things, the primary
source of power of the treatment facility is reduced, lost, or fails.
(2) Prohibited Discharge Standards. A User shall have an affirmative defense to an enforcement
action brought against it for noncompliance with the general prohibitions in EC 6.552(1)(a) or the
specific prohibitions in EC 6.552(1)(b)l.c. through EC 6.552(1)(b)l.g. if it can prove that it did not
know, or have reason to know, that its discharge, alone or in conjunction with discharges from other
sources, would cause Pass Through or Interference and that either:
(a) A Local Limit exists for each pollutant discharged and the User was in compliance with
each limit directly prior to, and during, the Pass Through or Interference; or
(b) No Local Limit exists, but the discharge did not change substantially in nature or
constituents from the User's prior discharge when the City was regularly in compliance with
its NPDES permit, and in the case of Interference, was in compliance with applicable sludge
use or disposal requirements.
(3) Bypass.
Ordinance Exhibit A
(a) For the purposes of EC 6.582:
1. "Bypass" means the intentional diversion of wastestreams from any portion of a
User's treatment facility.
2. "Severe property damage" means substantial physical damage to property,
damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
(b) A User may allow any bypass to occur which does not cause Pretreatment Standards or
Requirements to be violated, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provisions of subsections (3)( c)
and (3)(d).
( c) Bypass Notifications.
1. If a User knows in advance of the need for a bypass, it shall submit prior notice to
the City Manager, at least ten (10) days before the date of the bypass, if possible.
2. A User shall submit oral notice to the City Manager of an unanticipated bypass
that exceeds applicable Pretreatment Standards within twenty-four (24) hours from
the time it becomes aware of the bypass. A written submission shall also be
provided within five (5) days of the time the User becomes aware of the bypass. The
written submission shall contain a description of the bypass and its cause; the
duration of the bypass, including exact dates and times, and, if the bypass has not
been corrected, the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the bypass. the City
Manager may waive the written report on a case-by-case basis if the oral report has
been received within twenty-four (24) hours.
(d) Bypass.
1. Bypass is prohibited, and the City Manager may take an enforcement action
against a User for a bypass, unless:
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
b. There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or maintenance
during normal periods of equipment downtime. This condition is not
satisfied if adequate back-up equipment should have been installed in the
exercise of reasonable engineering judgment to prevent a bypass which
Ordinance Exhibit A
occurred during normal periods of equipment downtime or preventive
maintenance; and
c. The User submitted notices as required under subsection (3)(c) above.
2. The City Manager may approve an anticipated bypass, after considering its
adverse effects, if the City Manager determines that it will meet the three conditions
listed in subsection (3)( d) above.
6.584 Industrial Pretreatment Program -Fees.
(1) Purpose. The purpose of EC 6.5 84 is 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 IUs subject to
EC 6.550 to 6.586. These fees are in addition to the basic charges and flow based fees. The
applicable charges or fees shall be set forth in a schedule of fees.
(2) Pretreatment Charges and Fees. To implement the provisions of EC 6.550 to 6.586, the City
Manager may administratively impose fees pursuant to EC 2.020 of this code.
(a) In establishing or modifying industrial or business use fees for the POTW, the City
Manager may consider all applicable factors, including but not limited to the following:
1. Reimbursement of costs of setting up and operating the POTW pretreatment
program, and including the cost of plant investment, supplies, equipment, and personnel;
and
2. Monitoring, inspection, and surveillance procedures including the cost of reviewing
monitoring reports submitted by the industrial users.
(b) In addition to fees of general application, the POTW may charge user-specific fees
based upon the actual cost for personnel, supplies and equipment, for the following:
1. Reviewing accidental discharge procedures and construction;
2. Permit application, to include the cost for processing permit applications;
3. For filing appeals; or
4. For sewer maintenance as a result of inadequate pretreatment equipment or improper
maintenance of pretreatment equipment.
( c) Other fees as the City Manager may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered by EC 6.550 to 6.586 and
are separate from all other fees, fines, and penalties chargeable to the POTW.
Memorandum
Date: March 7, 2024
To: Katie LaSala, City Recorder
From:
Subject:
Emily Newtou Jerome, Deputy City Attorney ~
Corrections to Ordinance No. 20688
It has come to our attention that transcription and reference errors exist in certain Eugene Code sections
that were amended by Ordinance No. 20688, which was adopted on May 25, 2023.
Please effect the following scrivener error corrections:
1. In EC 6.552(l)(b)2., the reference to "EC 6.552(l)(b)(2)" should be changed to "EC 6.552(l)(b)l.b." so that
it reads:
2. Users that use continuous monitoring techniques for pH shall meet the requirements
specified in EC 6.552(1)(b)1.b.; except that temporary excursion above the upper and lower
pH values are allowed as long as:
2. In EC 6.554(3)(c), the reference to "EC 6.564(6)" should be changed to "EC 6.566(6)" so that it reads:
(c) Procedures for immediately notifying the City Manager of any accidental or Slug Discharge,
as required by EC 6.566(6); and
3. In EC 6.556(5)(a), the reference to "EC 6.566(1)" should be changed to "EC 6.566(14)" so that it reads:
(a) All wastewater discharge permit applications, User reports and certification statements
must be signed by an Authorized Representative of the User and contain the certification
statement in EC 6.566(14).
4. In EC 6.556(5)(c), the reference to "EC 6.556(14)(b)" should be changed to "EC 6.566(14)(b)" so that it
reads:
(c) A facility determined to be a Non Significant Categorical Industrial User by the City
Manager pursuant to subsection (3) of the definition of "Significant Industrial User'' at EC
6.550(5) must annually submit the signed certification statement in EC 6.566(14)(b).
5. The heading for EC 6.564 erroneously includes "EC" before the section number. That "EC" should be
removed so that the heading reads:
6.564 Industrial Pretreatment Program -General Discharge Authorization.
6. In EC 6.566(l)(b )9., the reference to "EC 6.6.566(2)" should be changed to "EC 6.566(2)" so that it reads:
9. The conditions established in EC 6.6.566(2) shall apply to any schedule required by
subsection (1)(b)8. above.
7. In EC 6.566(14)(b), the reference to "EC 6.550(4)" should be changed to "EC 6.550(5)" so that it reads:
(b) Annual Certification for Non-Significant Categorical Industrial Users. A facility determined
to be a Non Significant Categorical Industrial User by the City Manager must annually submit
the following certification statement signed in accordance with the definition of "Authorized or
Duly Authorized Representative of the User" in EC 6.550(5). This certification must
accompany an alternative report required by the City Manager:
8. In EC 6.566(15), the reference to "EC 6.552" should be changed to "EC 6.574" so that it reads:
(15) Electronic Reporting. Users that submit electronic documents to the City to satisfy the
requirements of EC 6.566 must ensure all documents comply with the CROMERR
requirements, as set out in EC 6.57 4.
These corrections are authorized by Section 3 of Ordinance No. 20688. Please attach a copy of this
memo to Ordinance No. 20688.