HomeMy WebLinkAboutOrdinance No. 19130ORDINANCE NO . ~ ~ ~'~J
AN QRDINANCE CONCERNING AN INDUSTR2AL PRETREAT-
MENT PROGRAM; ADDING SECTIONS 6.400, 6.405, 6.410,
6.415, 6.420, 6.45, 6.430, 6.435, 6.440, 6.445,
6.450, 6.455, 6.460, 6.465 AND 6.470 To THE EUGENE
CODE, 1971; AMENDING SECTION 6.990 QF THAT CODE;
AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS;
Section 1. The following title and sections are hereby added
to the Eugene Code., 1971, to read and provide.
~~ Industrial Pretreatment Program
~~; 6~. 400 Declaration of Policy.
~l} The provisions of sections 6.400 to 6.470 of this
code set forth requirements for the discharge of pollutants
into the city sewerage system. The objectives of these soc-
tions are to:
~_a} Prevent the discharge of pollutants into
the city sewerage system which will interfere with
the operation of the system or contaminate the re-
sulting sludge;
fib} Prevent the discharge of pollutants into
the city sewerage system which will pass through the
system, inadequately treated, into receiving waters;
~c} Improve the opportunity to recycle and
reclaim wastewater and sludge from the city sewerage
system.
~2} In achieving the objectives of sections 6.400 to
6.470 of this code it shall be the policy of the city to
actively support the community's commerce and industry through
accomodation, 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.
~.3} Pollutants shall be accepted into the city sewer-
age system subject to regulations and requirements as may be
promulgated by state and federal regulatory agencies or the
city for the protection of sewerage facilities and treatment
processes, public health and safety, receiving water quality
and avoidance of nuisance. As a minimum, users of the city
sewerage system shall comply with the applicable pretreatment
standards. Pretreatment standards shall be developed to ensure
that at a minimum the city and users comply with Sections
347 tb} and 307 ~c} of the Federal Water Pollution Control Act
Ordinance ~- 1
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as amended by the Clean Water Act of 1977 and the regulations
promulgated pursuant to these sections of the Act.
~4} Wastewater Discharge Permit conditions shall be
predicated an federal, state and local regulations and require-~
ments and on the results of analysis of the type, concentra-
tion, quantity and frequency of discharge including the gea-~
graphical relationship of the point of discharge to sewerage
and treatment facilities. These permit conditions shall be re-
evaluated upon expiration of the permit and may be revised from
time to time as required to remain consistent with local, state.
or federal laws, regulations and requirements ar to meet any
emergency, Wastewater 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.
~5} Except as otherwise provided herein, the city man-
ager shall administer, implement, and enforce the provisions
of sections 6.400 to 6.470 of this code.
6.405
context specifically indicates
terms and phrases, as used in
code shall have the following
sections
meanings:
Definitions. Unless the
otherwise, the following
6.400 to 6.470 of this
Act. The Federal Water Pollution Control Act,
also known as the Clean ti~later Act, as amended through
the effective date of sections 6.400 to 6.470 of this
code, 33 U.S.C. 125.1, et seg.
Authorized re resentative of nonresidential user.
An authorized representative of a nonresidential user
shall be:
~ a } A principal executive officer of at
least the level of vase-president, if the non--
residential user is a corporation;
4b} A general partner or proprietor if
the nonresidential user. is a partnership or
proprietorship, respectively; or
~c} An agent of the nonresidential user
who is responsible for the overall operation
of the facilities from which the discharge
originates.
Biochemical ox en demand ~BOD}. The quantity of
oxygen utilized in the biochemical oxidation of ar-
ganic matter under standard laboratory procedure in
five ~5} days at 20° Celsius expressed in milligrams
per liter.
City manager. The city manager of the city of
Eugene, or the city manager's designee.
City sewerage system. A treatment works as de-
fined by Section 212 of the Act. This definition in-
cludes any publicly owned sewers that convey waste--
Ordinance - 2
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water to the treatment plant, whethex or not a part
of the regional sewerage facilities as defined in
the Intergovernment~al~Agxeement executed by the
cities o~ Eugene and Springfield and Lane County on
February 9, 1977 ~Inte~governmental Agreement, as
amended through the effective date of sections
6.400 to 6.470 of this code.
Caolin water. The water discharged from any
use to which the only pollutant added is heat.
DEQ. The Uregon Department of Environmental
Quality.
Discharge. The deposit of pollutants into the
city sewerage system.
EPA. The United States Environmental Protec-
tion Agency,
Person. Any individual, partnership, joint-
venture, firm, company, cooperative, corporation,
association, joint stock company, trust, estate,
governmental entity ar any other legal entity. The
masculine gender shall include the feminine and the
singular shall include the plural,
pH. The logarithm abase l0~ of the reciprocal
of the hydrogen ion activity expressed in males per
liter of solution.
Pollution. The alteration of the chemical,
physical, biological or radiological state of water,
Pollutant, Any element or compound discharged
into the city sewerage system except water unless
the water has been heated, cooled or. irradiated.
Pretreatment. The reduction or elimination of
pollutants in wastewater prior to discharging the
wastewater into the city sewerage system.
Restricted__substance, Pollutants which ma be
y
discharged ~intn ~ the~~~~~~city sewerage system subject to
section ,6.420 of this code, or as prescribed by the
city manager pursuant to section 6.415 of this code.
SIC number. A classification pursuant to the
Standard Industrial Classification Manual issued by
the Executive office of the President, office of
Management and budget, 197, as amended through the
effective date of sections 6.400 to 6.470 of this
code.
Standards. The limitations and requirements
established by federal, state and local laws and
regulations for discharges to .the city sewerage
sys tern.
Suspended solids, The total elements and com-
pounds ~rhich fboat on the surface of , or are sus-
pended in, wastewater and which are removable by
laboratory filtration,
Tox~.c~ollutant. Any pollutant or combination
of pollutants identified pursuant to section 307~a~
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of the Act or otherwise listed as toxic in regula-
tions,preuiously promulgated by the EPA, or as
identified by the city manager.
Wastewater. ~iqu~d or water-carried pollutants
including any ground water, surface water, and storm
water that may be present, whether treated or un-
treated, which is discharged, flows, or infiltrates
into the city sewerage system..
Wastewater discharge hermit. A permit issued
pursuant ~to section ~.44D of this code.
6.414 General Dischar e Prohibitions. No user shall discharge
any pollutant in a quantity which will interfere with
the operation or performance of the city sewerage system, in-
cluding but not limited to any of the following substances:
4_a} Any liquids, solids or gases which either
alone or in combination with other pollutants may
support combustion or cause explosion or be injurious
in any other way to the city sewerage system or its
operations, such as, but not limited to, gasoline,
kerosene, naphtha, benzene, toluene, xylene, ethers,
alcohols, ketones, aldehydes, perioxides, chlorates,
perchlorates, bromates, carbides, hydrides and sul-
fides. At no time shah, two successive readings on
an explosion hazard meter, at the point of discharge
into the city sewerage system 4or at any point in
the city sewerage system} be more than five percent
~ 5 0 } nor any single reading over ten percent 414 ~ }
of the lower explosive limit of the meter.
Qb} 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 city sewerage
system such as, but not limited to: grease, garbage
with particles greater than one-half inch 4l/2"} 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 lub-
ricating oil, mud, or glass grinding or polishing
wastes.
4.c} Any wastewater having a pH less than 5.5
or greater than 9.5 or having any other corrosive
property capable of causing damage or hazard to struc-
tures, equipment, and/or personnel of the city sewer-
age system.
~d} Any wastewater containing toxic pollutants
which either alone, or in combination with other pol-
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lutants, may injure or interfere with any wastewater
treatment process, constitutes a hazard to humans
or animals, creates a toxic effect in the receiving
waters of the city sewerage system ar exceeds any
limitation set forth in a National Categorical Pre-
treatment Standard or any other pretreatment standard.
fie} Any noxious ar malodorous liquid, gas or
solid which, either alone or in combination with other
pollutants, is sufficient to create a public nuisance
ar hazard tv life yr is sufficient to prevent entry
into the city sewerage system for maintenance or re-
pair.
~f} Any substance which may cause the city sewer-
age system's effluent or any other product of the city
sewerage system such as residues, sludges, or scums,
to be unsuitable for reclamation and reuse or to inter-
fere with the reclamation process.
fig} Any substance which will cause the city to
violate its NPDES permit.
~h} Any wastewater with objectionable color not
removed in the treatment process, such as, but. not
limited to, dye wastes and vegetable tanning solutions.
~i} Any wastewater having a temperature which
will inhibit biological activity in the treatment plant
or stimulate excessive biological activity in the city
sewerage system, but in no case wastewater with a tem-~
perature at the point of discharge into the city sewer-
age system which exceeds 65° C X150° F} or with a tem-
perature which exceeds 40° C X104° F} at the treatment
works influent.
~ j } Any -pollutants at a f low rate and/or pollu-
tant discharge rate which are excessive over relatively
short time periods so that there is a treatment process
upset and subsequent loss of treatment efficiency. In
no case shall a slug load have a f law rate or discharge
quantities of pollutants that exceed for any time
period Longer than fifteen X15} minutes mare than five
~5} times the average flow rates or discharge quanti-
ties during normal operation.
~k} Any wastewater containing any radioactive
wastes or isotopes of such half life or concentration
as may exceed limits established by the city manager
or applicable state or federal standards.
~1} Any wastewater containing oil and grease in
excess of 100 milligrams per liter of solution. as
determined by freon extraction per Standard Methods.
gym} Any unpolluted water, including, but not
limited to, nvncontact cooling water, storm water,
ground water, roof runoff, ar subsurface drainage.
6.415 Pretreatment Standards - Restricted Substances. No
user shall discharge wastes containing restricted sub-
Ordinance -~ 5
1q X30
stances into the city sewerage systemr in excess of limitations
specified by conditions of its wastewater discharge permit or
published by the city manager. The city manager shall publish
and revise from time to time standards which designate restrict-
ed substances and establish limits therefor. At all times
these standards should cover and be at least as strict as those
for pollutants as defined ,in state and federal regulations.
Discharge limits or standards in effect and incorporated into
any issued wastewater discharge permit remain in effect for
that permit until it expires, except as modified as rovid
, p ed
in section 6,440 of this code,
6.420 S ecific Restricted Substance Limitations, Subject to
further limitation by .the city manager pursuant to sec-
tion 6.415 of this codes na user shall discharge significant
contributions of wastewater containing in excess of:
l,5 milligrams of arsenic per litre of solution
.5 milligrams of cadmium per litre of solution
6,5 milligrams of copper per litre of solution
6.0 milligrams of total cyanide per litre of solution
2,5 milligrams of lead per litre of solution
.05 milligrams of mercury per litre of solution
4.5 milligrams of nickel per litre of solution
9.0 milligrams of silver per litre of solution
9.O milligrams of total chromium per litre of solution
10,0 milligrams of zinc per litre of solution
33.0 milligrams of phenol per litre of solution.
6.425 Excessive Discharge. No nonresidential user shall in-
crease the use of process water or, in any wayr attempt
to dilute a discharge as a partial or complete substitute for
adequate pretreatment to achieve compliance with the standards
contained in sections 6.400 to 6.47D of this code.
6.430 Accidental Discharges.
^r.+rr._r.r_i i ~ i m.i rmi_ur~irri.mr.~~.i.nn..rrri~i~_..w...~.
~l~ Telephone notice. Any nonresidential user
~_,._...~.,..,,~.~.~.,,~~. or em-
ployee thereof becoming aware of a discharge in violation of
sections .6.400 to 6.470 of this code into the city sewerage
system shall report such discharge immediately by telephone to
the city manager. Prompt notification of such discharges will
allow .the. city to take necessary precautions to minimize haz-
ards and to prevent damage to the receiving waters thereby
avoiding or minimizing discharge violations and fines from
state and federal regulatory agencies and the city. The noti-
fication shall include the location of the discharge, type,
ordinance - 6
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concentration and volume of pollutant and corrective actions
proposed and/or taken.
{~2 } Written notice . Within five { 5 } days following
such a discharge, the nonresidential user shall submit to the
city manager a detailed written report describing the cause
and location of the discharge, the type, concentration and
volume of pollutant discharged, and any hazards which may be
posed to life or property and the measures taken or to be
taken to prevent similar future occurrences.
{3} Notice to em to ees. Each nonresidential user
subject to section 6.440{1} of this code shall permanently
past a notice on its bulletin board or other prominent place.
advising employees whom to call in the event of a discharge
in violation of sections 6.400 to 6.470 of this code. Em-
ployers shall ensure that all employees who may cause~or suffer
such a discharge to occur. or who are likely to detect such dis-
charge are advised of the emergency notification procedure.
6.435 Fees.
{1} It is the purpose of this section to reduce the
city{s cost of implementation of the pretreatment program
through a system of equitable charges or fees to be paid by the
nonresidential users of the city sewerage system who are sub-
ject to section 6.440{1} of this code for certain services.
The applicable charges or fees shall be set forth in a schedule
of fees.
{ 2 } The city manager may adopt fees to reduce the
city's cast of providing the following services:
{.a} Setting up and operating the pretreatment
program;
{b} Sampling, monitoring, inspections and
surveillance procedures;
{c} Reviewing accidental discharge procedures
and construction;
{d} Reviewing and acting upon permit applica-
tions; and.
{e} other services as the city manager may deem
necessary to carry out the requirements contained
in sections 6.400 to 6.470 of this code.
6.440 Wastewater Discharge hermits.
{1} General. Any user discharging, proposing to dis-
charge or who the city manager has determined is likely to dis-
charge wastewater:
{a} Containing restricted substances in excess
of domestic concentrations, or
{b} Containing wastes in excess of 50 pounds of
Qrdinance - 7
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B4D per day or 50 pounds of suspended solids per day
after deducting domestic wastes or discharges from
sanitary conveniences, or
~c} In excess of 25, 000 gallons per day after
deducting domestic wastes or discharges from sanitary
conveniences,
shall secure a non-residential wastewater discharge permit from
the city.
~2~ Application. Existing nonresidential users shall
apply for a wastewater discharge permit within ninety 490 days
after becoming subject to the requirements of subsection ~ 1 ~ of
this section. New nonresident~.al users subject to the require-
ments of subsection ~1~ of this section shall apply at least
ninety X90} days prior to connecting to ar discharging to the
city sewerage system. Any nonresidential user with a valid per-
mit and proposing to make a change in its existing discharge
which will substantially change the volume of flow or the char-
acteristics of the discharge or establish a new point of dis-
charge, shall apply far an amended permit at least sixty X60}
days before making such change. Applications shall be made to
the city manager in writing on forms provided by the city and
shall include the following information:
~a7 Name, address, telephone number and auth-
orized representative of the applicant and service
address;
~b~ SIC number.
~c} A list of environmental control permits
held by or for the applicant;
~d~ A list of wastewater pollutants and their
characteristics actually or potentially discharged
at the applicable plant site including measured or
estimated daily average and daily maximum concentra-
tions of these pollutants;
~e7 A description of spill prevention measures
or plans which are currently in place in the plant;
~f} Water use and wastewater flow rates, in-
cluding maximum daily, average daily, average .monthly
and seasonal variations, if any;
~g~ A detailed site, floor, or plumbing plan
showing the size and location of all sewers, sewer
connections and appurtenances, or any other facilities
designed to help the applicant in meeting sections
6.400 to 6.470 of this chapter; and
~h} A description of activities, facilities
and plant processes on the premises, including a gen-
. eral description of types and quantities of all mater-
ials which are or could be discharged into the city
sewerage system.
The city manager will evaluate the data furnished by the non-
residential user and may require additional information or
sampling of wastewater charaoteristics. If the proposed dis-
charge meets the requirements of sections 6.400 to 6.470 of
ordinance -- 8
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this code, the city will issue a wastewater discharge permit
subject to appropriate teams and conditions.
~_3} Modification of permit. Discharge conditions in-
cluded in a wastewater discharge permit shall remain in effect
for that permit until it expires, except that they may be re-
vised from time to time by the ca,ty manager as required by
city, state or federal standards or to meet any emergency,
The nonresidential .user shall be informed of any proposed
changes in its permit at least thirty (30} days prior to the
effective date of change except in the event of an emergency.
~4} Duration. Permits shall be issued for a specified
time period, not to exceed three ~3}. years. The industrial user
shall apply for permit reissuance a minimum of ninety X94} days
prior to the expiration of its existing permit if it desires to
continue the uninterrupted discharge of restricted substances,
~5} Conditions. Wastewater discharge permits shall be
expressly subject to all prov~.sions of sections 6.400 to 6.470
of this code. Permits may contain the following conditions:
~a} Payment of applicable fees;
~.b} Limits on the average and maximum discharge
of restricted substances;
~c} Limits on average and maximum rate and time
of discharge or requirements for flow regulations and
equalization;
~_d} Requirements for installation and mainten-
ance of pretreatment, inspection o~r monitoring samp-
ling facilities;
~_e} Specifications for monitoring and sampling
programs which may include monitoring sampling loca-
tions, frequency of monitoring sampling, number,
types and standards for tests and reporting schedules;
~.f} Compliance schedules;
fig} Requirements for submission of technical
reports or discharge reports;
~.h} Requirements for maintaining and retaining
plant records relating to wastewater discharge as
specified by the city manager, and affording the city
manager access thereto;
~i} Requirements for notification of the city
of any new introduction of restricted substances or
any substantial change in the volume or character of
the wastewater or restricted substances being dis-
charged into the city .sewerage system;
~j} Requirements for notification of slug dis-
charges; and
~k} other conditions as deemed appropriate by
the city manager to achieve compliance with sections
6.400 to 6,470 of this code.
~.6} Transfer. A wastewater discharge permit will be
issued to a specific nonresidential user for a specific opera-
tion. A wastewater discharge permit shall not be assigned,
ordinance - 9
!9130
transferred or sold without the approval of the city manager.
Any succeeding nonresidential user shall agree to comply with
the terms and conditions of the existing permit as a condition
precedent to .the approval by the city manager of a transfer,
sale ar assignment of the permit.
~7} Anal sis and re orting re uirements. Permit
holders will be required to submit information, certifications,
compliance schedules and samples of discharges or perform such
tests and report such test results to the city manager as
follows:
~a} When required by the terms and provisions
of 40 CFR ~ 403.1, as amended through the effective
date of sections 6.400 to 6.470 of this code;
fib} When requested by state or local public
agencies, or
~c} When deemed necessary by the city manager
for the proper treatment, analysis or control of dis-
charges. All such tests and reports shall be at the
cost of the permit holder.
The city shall have the right tv implement and enforce the re-
quirements of 40 CFA ~ 403.12 by order of the city manager.
When deemed necessary by the city manager, a permit holder may
be required to obtain, install, operate and maintain an auto-
matic sampler, analyzer or flow measuring device to monitor its
discharges in the manner directed by the city.
All sampling and analysis shall be done in a manner and
by a laboratory approved by the city manager. The city manager
shall require. all analysis related to National Categorical Pre-
treatment Standards to be performed in accordance with the
procedures established by the EPA pursuant to Section 304~g} of
the Act and contained in 40 CFR ~ 136 or other applicable
analytical procedures approved by the EPA.
Ta the degree practicable, the city manager will provide
each permit balder or applicant with information on .applicable
local, state and federal wastewater analysis and reporting re-
quirements, provided, however, that any failure to do so shall
not excuse the permit holder from compliance with said require-
ments.
~S~ Monitorin facilities. When required by the city
manager, the permit holder shall install and maintain at its
expense a suitable control manhole to facilitate observation,
sampling and measurement of wastewater being discharged into
the city sewerage system. Such manhole shall be located, if
feasible, where it is accessible from a public road or street.
It shall be constructed in accordance with plans and at a lo-
cation approved by the city manager and shah be arranged so
that flow measuring and sampling equipment and a shutoff gate
ar a screen may be conveniently installed by the city.
~9} Inspection and sam king. The city may inspect
the facilities of any nonresidential user subject to section
Ordinance _ 10
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6.4 4 0 ~ l } of this code at least one to four times annually to
ascertain whether the provisions of sections 6.400 to 6.470
of this code are being comp lied with. The owner, operator
or agent in charge of premises where wastewater is created or
discharged shall allow authorised representatives of the city,
state and EPA, upon presentation of their credentials, access
at all reasonable times to all parts of the premises where
wastewater-related facilities are located or in which records
required by sections 6.400 to 6.470. of this chapter are kept
for the purpose of the performance of any of their duties , in-
eluding but not limited to, inspection, observation, sampling,
and/or records copying and examination. The city, state and
EPA shall have the right to set up on the nonresidential user's
property such devices as may be necessary or proper to conduct
sampling, observation, inspection, compliance monitoring and/or
metering operations. The nonresidential user shall make
arrangements with its employees so that upon presentation of
their credentials, representatives from the city, state ar EPA
will be permitted to enter, without delay, fvr the purpose of
performing their responsibilities.
410} Pretreatment facilities. As a condition for the
granting of a wastewater discharge permit, the permit holder
may be required to install pretreatment facilities or make
plant or process modif icat~ions as deemed necessary by the city
manager to meet the requirements of sections 6.400 to 6.470 of
this code. whenever such facilities or modifications are re-
quired, they shall be constructed, installed, operated and main-
tained at the expense of the permit holder and such modifica-
tions shall meet the discharge levels required by the city man-
ager to enable the city to comply with all state and federal
regulations of the treatment works discharge levels or to pro-
tect the city sewerage system or treatment process. The permit
holder shall maintain records indicating routine maintenance
check dates, cleaning and waste removal dates and means of dis-
posal of accumulated wastes. Such records shall be retained
for a minimum of three 43} years and shall be subject to re-
view in accordance with subsection 49} of this section. Appro-
val of proposed facilities or modifications by the city manager
will not in any way guarantee that these facilities or modifi-
cations will function in the required manner or attain the
required results, nor shall it relieve a permit holder of the
responsibility of enlarging or otherwise modifying or replac-
ing such facilities to accomplish the intended purpose and to
meet the applicable standards, limitations and conditions of
a wastewater discharge permit.
411.7 Confidential information , Information and data
obtained by the city from reports, questionnaires, permit
applications, permits and monitoring programs shall be avail-
able to the public and other governmental agencies without
restriction unless the permit holder requests in writing that
it be confidential and demonstrates to the satisfaction of the
city manager that such records are exempt from disclosure
under 4RS 192.500 41} 4b} , 4e} or 42} 4.g} . Notwithstanding any-
thing herein to the contrary, all such data shall be available
at least to the extent necessary so that the city manager can
ordinance ~- 11
l 9I3o
ensure compliance with the requirements of 4D CFR ~ x.302.
when confidentiality is requested and the right thereto is
established by the permit holders the confidential informa-
tion shall not be made available for inspection by the public
but may be made available upon written request to governmental
agencies for uses related to sections 6.404 to 6.470 of this
code, the NPDES permit, or pretreatment programs. However,
all portions of a report shall be available for use by the
city, state or any state agency in judicial or enforcement
proceedings involving the pexson furnishing the report.
6.445 Public Nuisance. .Any discharge in violation of sec-
tions 6.440 to 6.470 of this code, the conditions of
the wastewater discharge permit, or any other violation of
sections 6.404 to 6.470 of this code is hereby declared to be
a public nuisance. Such nuisance may be abated ar enjoined
and damages assessed therefor in accordance with other provi-
sion in this chapter or in any other manner provided by law.
6.450 Cease and Desist grder.
~l} Tn the event of any actual or threatened discharge
into the city sewerage system in violation of sections 6,400 to
6.470 of this code or the conditioa~s of a wastewater discharge
permit, which discharge presents an imminent or existing danger
to the health or welfare of persons, property or the environ-
ment or which has caused or will cause damage to or interfer-
ence with the operation of the city sewerage system, the city
manager may issue an order to cease and desist and direct that
those.... nonresidential users responsible for such violation:
~a} Comply forthwith;
fib} comply in accordance with the time
schedule set forth by the city manager; or
~c} Take appropriate remedial or preven-
tative action.
~2} If .the nonresidential user in noncompliance fails
to comply with the order, the city shall take such steps as
are deemed necessary or proper including immediate severance
of the sewer connection. The city shall reinstate the waste-
water treatment service upon proof of the elimination of the
actual or threatened violation. The filing of an appeal pur-
suant to section 6.465 of this code shall not stay enforcement
of the city manager.
6.455 Submission of Time Schedule. If the city ma
that a discharge has taken or may take place
tion of sections 6.404 to 6.470 of this code ar the
pager finds
in viola-
conditions
Ordinance - 12
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of a wastewater discharge permit, the city manager may require
the nonresidential user to submit for approval, within such
time and with such modifications as the city manager deems
necessary, a detailed time schedule of specific actions which
the nonresidential user shall take in order to prevent or
correct the violation.
6.460 Revocation and Termination of Service.
~ 1 } Any nonresidential user who violates any of the
provisians of sections 6.400 to 6.470 of this code or the con-
ditions of its wastewater discharge permit, which violation
does not present an imminent danger to the health, property or
the environment or which violation will not cause damage to or
interference with the operation of the city sewerage system,
may have its wastewater discharge permit revoked and sewer con-
nection severed by order of the city manager.
~2} The order shall be signed by the city manager and
shall specify the nature and source of the violation. The
order shall be delivered or sent by regular mail to the address
of the nonresidential user as shown on the permit. The order
may specify the corrective actions to be taken and shall allow
reasonable time for satisfactory correction. If the permit
holder does not correct the violation within the time specified,
or such additional time as maybe allowed in writing by the
city manager, then the wastewater discharge permit shall be
revoked and the sewer connection severed as provided in the
order. Correction of the violation shall not preclude assess-
ment of monetary penalties.
~ 3 } The filing of an appeal. pursuant to section 6.46 5
of this code shall stay enforcement of the action by the city
manager under this section pending final administrative action
on the appeal. This provision supplements and does not res-
trict other provisians of this code, laws or regulations auth-
orizing termination of service for delinquency in payment of
fees or charges.
~4} The city shall publish in a daily newspaper with
the largest daily circulation in the metropolitan area, not
less than annually, a list of those nonresidential users which
during the previous twelve months were determined to be res-
ponsible for significant violations of sections 6.400 to 6.470
of this code or their wastewater discharge permits. This
notification will summarize enforcement action by the city
during the same twelve months. For purposes of this section,
a significant violation is one which remains uncorrected
forty-five ~ 45 } days after notification of noncompliance;
which is part of a pattern of noncompliance over a twelve
~l2} month period; which involves a failure to accurately re-
port noncompliance,• or which resulted in the issuance of a
cease and desist order.
ordinance -- 13
l9/.33c~
~5} The city manager is authorized and directed to
promulgate such rules and regulations as may be deemed neces-
sary or proper to carry out the purposes or provisions of sec-
tion 6.400 to 6.470 of this code. Notha~ng in those sections
shall prevent the city manager from seeking judicial or gov-
ernmental agency assistance to implement the purposes and pro-
visions thereof .
6.465 Appeals.
~l} Reconsideration b cit manager. Any person
aggrieved by any decision or action of the city manager may
file a written request with the city manager for reconsidera-
tion thereof within ten ~ 10 } days 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 reconsidera-
tion. The city manager shall render a final written determina-
tion within ten ~l0} days of the receipt of such request for
reconsideration. The city manager may establish such procedures
as may be deemed necessary or proper to conduct the reconsidera-
tion process. The filing of a request for reconsideration shall
be a condition precedent to the right to appeal to the Metro-
politan wastewater. Management Commission ~MwMC} pursuant to
subsection ~ 2 } of this section.
~2} Ap eal to Metropolitan wastewater Management
Commission. Any person aggrieved by the final determination
of the city manager may appeal such determination to the MWMC
within ten ~ l0 } days of notification by the city manager of .
the final determination. written notification of such appeal
shall be filed. with the MWMC and city manager, together with
the payment of a f ee of $ 50 . o o , within ten ~ I0 } 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. The MWMC shall conduct a hearing on
the appeal according to procedures to be established by the
MWMC pursuant to paragraph 12 of the Intergovernmental Agree-
ment. The MWMC shall submit a copy of its findings and recom-
mendations regarding the appeal to the city council within 10
days after the hearing. The city council may hold a hearing
on the recommendations and, in any event, shall take action on
the recommendations within 20 days after their filing.
6.470 Damages to Facilities/Correction of violations. Any
person who violates sections 6.400 to 6.470 of this
code or a condition of a wastewater discharge permit, as a
Ordinance - l4
Iq~3D
result of which the city performs or causes to be performed
preventive or corrective wank or which results in damage to
the city sewerage system shall be liable to the city for such
damage and the cost of such corrective work, additional treat-
ment 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 manner provided in this code for
the collection of sewer user charges, in accordance with any
other provisions of this Cade, or in any other manner provided
by law.
Section 2. Section 6.990 of the Eugene Code, 1971, is hereby
amended by adding the .following new subsections thereto, to read
and provide:
6.990
~ 5 ~ Any person who
~a} Violates sections 6.400 to 6, 470 of this
code or any provision of a wastewater discharge per-
mit, or
fib} Knowingly makes any false statement, repre-
sentation or certification in any application, record,
report, plan or other document. filed or required to be
maintained pursuant to sections 6.440 to G.470 of this
code or a wastewater discharge permit ar who know-
ingly falsifies, tampers with or renders inaccurate
any monitoring device or method required under sec-
tions 6.400 to 6.470 of this code or a wastewater
discharge permit,
shall, upon conviction, be punished by a fine not to exceed
$500 for each day in which such violation occurs.
X67 The remedies provided for in section 6.470 of this
code and subsection ~5~ of this section shall be cumulative and
not exclusive and shall be in addition to any and all other
remedies available to the city.
Section 3. That the matters contained herein concern the public
health, safety and welfare and therefore, an emergency is hereby de-
Glared to exist, and this Ordinance shall become effective immediate-
ly upon its passage by the City Council and approval by the Mayor.
Passed by the City Council this
day of , 19$3
City Re order
Approved by the Mayor this
-~ day of I 1983
May
Ordinance - 15