HomeMy WebLinkAbout06/18/1991, 1 - REVISION OF THE CITY'S SEWER USE ORDINANCE IN ACCORDANCE WITH THE REQUIREMENTS OF THE NATIONAL PRETREATMENT PROGRAM AS IDENTIFIED UNDER THE CODE OF FEDERAL REGULATIONS 40 CFR 403. iI�IItlIII��IIIIn�n III MEETING DATE:
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city o san Luis OBISPO June 18, 1991
COUNCIL AGENDA REPORT ITEM NUMBER:
Prepared By: John E. Moss
FROM: William T. Hetland v
Utilities Director Wastewater Division Manager
SUBJECT:
Revision of the City's Sewer Use Ordinance in accordance
with the requirements of the National Pretreatment Program
as identified under the Code of Federal Regulations 40 CFR
403 .
CAO RECOMMENDATION:
Introduce ordinance to print amending the City Sewer Use
Ordinance as recommended.
DISCUSSION:
In 1982 the City was required by the Environmental
Protection Agency (EPA) and the State of California,
Regional Water Quality Control Board (RWQCB) , to establish
and implement an industrial pretreatment program in
accordance with Code of Federal Regulations (40 CFR 403) .
The City did egtablish the pretreatment program and must
periodically r vise the program in order to stay current
with Federal regulations.
The City's Sewer Use Ordinance is one key component of the
Pretreatment Program. This ordinance provides the City with
the appropriate control authority and control mechanisms to
properly regulate discharges to the wastewater collection
and treatment systems. In order to maintain compliance with
new federal regulations, it is now necessary to make certain
modifications to the existing ordinance.
Key elements or modifications being recommended at this time
include:
- expanded definitions section to include definitions for
class 1 and 2 industrial users, conventional pollutants, and
significant non-compliance.
- updated discharge prohibitions.
- revised local discharge limits based on technical
justification.
- provide the Director the authority to terminate water
service as well as sewer service for violation of the sewer
use ordinance. .
� city of San Luis OBISpo
COUNCIL AGENDA REPORT
Sewer Ordinance Revision
Meeting of June 18, 1991
Page 2
The revised definitions section of the ordinance is being
recommended to provide clarification to language used
elsewhere in the ordinance. In addition, the definition of
significant non-compliance is a recent federal requirement
to be included in the City's control authority (ordinance) .
The revised local discharge limits are the result of nearly
four (4) years of research, sampling, analysis and review of
the City's treatment systems and wastewater characteristics.
This detailed study provides the technical background for
the local discharge limits development. This extensive
amount of work was completed in order to provide for local
limits which would not only protect the Publicly Owned
Treatment Works (POTW) from interference and/or pass through
of pollutants, but would also provide attainable discharge
limits for industrial operations. The technical
justification for the City's local discharge limits also
makes them legally defensible. A copy of the "Technical
Justification for Local Limits" report, which has been
reviewed and approved by the State Regional Water Quality
Control Board (RWQCB) and the Environmental Protection
Agency (EPA) , is available in the Council office for review.
FISCAL IMPACT:
There is no significant fiscal impact as a result of this
ordinance change. Adoption of the local discharge limits is
not anticipated to create any additional burden or cost to
the industrial community in order to achieve or maintain
compliance.
ALTERNATIVES:
1. Take no action on this item. This alternative would
leave the City without approved, technically justified,
local limits and may leave the City in a non-defensible
situation should the City pursue an enforcement action
against a violator of the existing limits. This
alternative could also result in the City being in
violation of federal regulations for maintaining an
adequate control authority (ordinance) for enforcement
of its pretreatment regulations and may result in the
imposition of fines from the RWQCB. This alternative
is not recommended.
CAO RECOMMENDATION:
Introduce ordinance to print amending the City Sewer Use
Ordinance as recommended.
02-
���H�►�II��IIIIIIi�P ►I�pl city of San LUIS OBISpo
NEW a COUNCIL AGENDA REPORT
Sewer Ordinance Revision
Meeting of June 18, 1991
Page 3
Attachments:
1. ordinance
2. Legislative Draft of sections 13 . 08. 120,
13.08. 140, and 13 . 08.420 of the City
Municipal Code.
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ORDINANCE NO. (1991 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING MUNICIPAL CODE CHAPTER 13. 08, SECTIONS 120, 140 AND
420 OF THE SEWER ORDINANCE.
BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Title 13, Chapter 13 . 08, Sections 120, 140 and
420 of the Municipal Code is amended to read as follows in the
. attached legislative draft:
SECTION 2. A summary of this ordinance, approved by the
City attorney, together with the ayes and noes, shall be
published at least five (5) days prior to its final passage in
the Telegram-Tribune, a newspaper published and circulated in
said City, and the same shall go into effect at the expiration of
thirty (30) days after its said final passage. A copy of the
full text of this ordinance shall be on file in the office of the
City Clerk on and after the date following introduction and
passage to print and shall be available to any interested member
of the public.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at the meeting held on the day of ,
1991.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
MAYOR RON DUNIN
ATTEST:
PAM VOGES, CITY CLERK
APPROVED:
CITY ADMINI§tRAT09 OFFICER
TT E UTILITIES DIRECTOR
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ATTACHNEW 1
Ordinance,
ATTACHMENT 2
Legislative Draft
Article II .
13 .08 .110 Purpose and scope.
A. These provisions set forth standards and regulations
governing discharges into the publicly owned treatment works
(POTW) for the city. These standards and regulations enable the
city to comply with all applicable state and federal laws
required by the Clean Water Act of 1977 and the General
Pretreatment Regulations (40 CFR, Part 403) .
B. The objectives of these provisions are:
1 . To prevent the introduction of pollutants into the
POTW which will interfere with the operation of the POTW,
including interference with the use or disposal of municipal
sludge;
2 . To prevent the introduction of pollutants into the
POTW which will pass through the system inadequately treated or
otherwise be incompatible with the system;
3 . To improve opportunities to recycle and reclaim
wastewaters and sludges from the system;
4. To protect POTW personnel from exposure to hazardous
chemicals .
C. These provisions provide for the regulation of direct
and indirect contributors to the POTW through the issuance of
permits to industrial users, pretreatment and reporting require-
ments for permittees, monitoring and enforcement of noncom-
pliance.
13 .08 .120 Definitions .
The following words shall have the following meanings :
A. "Authorized representative" means any of the following
(1) a principal executive officer of at least the level of vice
president, if the Industrial User submitting the reports is a
corporation; (2) a general partner or proprietor if the
Industrial User submitting the reports is a partnership or sole
proprietorship respectively; (3) a duly authorized representative
of the individual designated in (1) or (2) if such representative
is responsible for the overall operation of the facility from
which the discharge originates .
B. "Biochemical Oxygen Demand (BOD)" means the quantity
of oxygen utilized in the biochemical oxidation of organic matter
under standard laboratory procedure and expressed in milligrams
per liter (mg/1 ) .
C. "Categorical pretreatment standard" means the national
pretreatment standards specifying quantities or concentrations of
pollutants or pollutant properties which may be discharged to a
POTW by existing or new Industrial Users in specific industrial
subcategories .
D. "Class I industrial user" means any industrial user,
not defined as a significant industrial user, that has materials
and/or wastes on site that if discharged to the sewer may impact
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the POTW in a negative manner. These materials and wastes
include, but are not limited to any and all Prohibited discharges
described in section 13. 08 . 140 of this chapter.
E. "Class II industrial user" means any industrial user,
not defined as a significant industrial user, that may discharge
conventional Pollutants to the POTW which may cause interference
or Pass-through. These wastes include but are not limited to
laundry discharges . non-hazardous solids and oil and grease of
animal or vegetable origin.
F. "Conventional Pollutants" means Pollutants which are
usually found in domestic and/or commercial wastes such as
suspended solids , biological oxygen demand, Pathogenic organisms
and oil and grease of animal or vegetable origin.
G. H. "City" means the City of San Luis Obispo.
H. E. "Director" means the Utilities Director of the City of
San Luis Obispo or his duly authorized representative. Any
notice required to be given to the Director shall be delivered to
the Director at 955 Morro Street, San Luis Obispo, or as
otherwise directed.
I . F. "Domestic wastewater" means water bearing only those
wastes derived from the ordinary living processes and of such
character as to permit satisfactory disposal to, and treatment
in, the POTW.
J. 6. "Grease" means all fat, grease, oil , wax or other
trichlorotrifluoroethane soluble matter of animal , vegetable,
petroleum or mineral origin.
K. H. "Industrial user" means a person who discharges
nondomestic wastewater into the city sewer system.
L. f- "Industrial user's survey" means a questionnaire (and
related process) used by the city to identify and categorize
industrial users and the characteristics of their wastewater
discharge.
M. 3s ."Infectious waste" means any waste material or article
which harbors or may reasonably be considered to harbor any type
of microorganism, helminth or virus which causes or significantly
contributes to increased morbidity or mortality in human beings.
N. K-. "Interference" means an inhibition or disruption of
the POTW, its treatment processes or operations, or its sludge
processes , use or disposal which is a cause of or significantly
contributes to either a violation of any requirement of the
POTW's NPDES permit (including an increase in the magnitude or
duration of a violation) or to the prevention of sewage sludge
use or disposal by the POTW in accordance with the following
statutory provisions and regulations or permits issued thereunder
(or more stringent State or local regulations) : Section 405 of
the Clean Water Act, the Solid Waste Disposal Act (SWDA)
(including Title II more commonly referred to as the Resource
Conservation and Recovery Act. (RCRA) and including State
regulations contained in any State sludge management plan
prepared pursuant to Subtitle D of the SWDA) , the Clean Air Act,
and the Toxic Substances Control Act.
0. b- "Natural outlet" means any outlet into a water course,
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pond, lake or other body of surface or ground water.
P. M. "New Source" means any building, structure, facility
or installation from which there is or may be a discharge of pol-
lutants, the construction of which commenced after the
publication of proposed Pretreatment Standards under section
307(c) of the Clean Water Act which 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 of wastewater generating processes
of the building, structure, facility or installation are
substantially independent of an existing source at the same site.
0. N- "Pass-through" means the discharge of pollutants to
the POTW in quantities or concentrations which are a cause of or
significantly contribute to a violation of any requirement of the
POTW's NPDES permit (including an increase in the magnitude or
duration of a violation) .
R. e. "Person" means any individual , firm, company,
association, society, corporation, group, governmental agency or
educational institution.
S. P. "Publicly Owned Treatment Works (POTW)" means city
owned sewer system, including sewer pipes within the city that
convey wastewater to the treatment plant, the treatment plant,
sewer pipes that convey wastewater to the treatment plant from
persons outside the city who contract with the city to use the
sewer system, and related facilities.
T. Q- "Significant Industrial User (SIU)" means any
industrial discharger subject to federal categorical pretreatment
standards or any industrial discharger that (1) discharges 10,000
gal per day or more of process wastewater; (2) contributes 5
percent or more of the average dry weather hydraulic capacity of
the treatment plant; (3) discharges either continuously or
intermittently to the POTW, process wastewaters containing
priority pollutants as determined through analytical procedures
or reasonable technical judgement; or (4) has a reasonable
potential , in the opinion of the Director, to adversely affect
the POTW treatment plant.
U. "Significant noncompliance" means any one of the
following:
1 . . Chronic violations of wastewater discharge limits , as
defined here as those in which sixty-six percent or more of all
of the measurements taken during a six-month period exceed (by
any magnitude) the daily maximum limit or the average limit for
the same pollutant parameter;
2 . Technical review criteria (TRC) violations , defined
here as those in which thirty-three percent or more of all of the
measurements for each pollutant parameter taken during a six-
month period equal or exceed the product of the daily maximum
limit or average limit multiplied by the applicable TRC (TRC=1 . 4
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for BOD, TSS, fats , oil and grease, and 1 . 2 for all other
Pollutants except PH) ;
3 . Any violation of .a pretreatment effluent limit (daily
maximum or longer term average) that the city determines has
caused, alone or in combination with other discharges
interference or passthrough (including endangering the health of
POTW personnel or the general public) ;
4. Any discharge of a pollutant that has caused imminent
endangerment to human health, welfare or to the environment or
has resulted in the POTW 's exercise of it 's emergency authority
as stated in this chapter to halt or prevent such a discharge•
5. Failure to meet , within 90 days after schedule date, a
compliance schedule milestone contained in a local control
mechanism or enforcement order for starting construction,
completing construction. or attaining final compliance;
6. Failure to provide, within 30 days after the due date,
required reports such as baseline monitoring reports 90 day
compliance reports , periodic self monitoring reports , and reports
on compliance with compliance schedules ;
7 . Failure to accurately report noncompliance;
T. Any other violation or group of violations which the
city determines will adversely affect the operation or
implementation of the local pretreatment program.
V. Rs "Stormdrain" means a sewer which is designed to carry
storm and surface waters and drainage rather than sewage or
industrial wastes.
W. S: "Toxic or poisonous" means any solid, liquid or gas in
such quantity that alone or in combination with other waste
substances, may create a hazard for humans , animals or the local
environment, interfere with sewage treatment processes, cause a
public nuisance, or cause any hazardous condition to occur in the
sewerage system.
X. T- "Wastewater treatment plant (WWTP)" means city-owned
and operated sewage treatment plant .
13.08.130 Stormwater and unpolluted drainage.
A. No person shall discharge or cause to be discharged
any stormwater, surface water, ground water, roof runoff ,
subsurface drainage, uncontaminated cooling water or unpolluted
process waters other than to those sewers designated as
stormdrains or to a natural outlet approved by the Director.
Appropriate permits from all affected public agencies may be
required by the city and shall be obtained by the applicant .
B. No person shall discharge or cause to be discharged any
sewage, garbage, rubbish, rubble or otherwise polluted water to
any stormdrain or natural outlet .
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13 . 08. 140 Prohibited discharges .
A. It shall be unlawful for an industrial user to
discharge pollutants into the POTW:
1. Without a permit;
2 . When such with a properly issued wastewater discharge
permit, pollutants are not covered by that permit;
3 . Where such pollutants would cause the POTW to violate
its NPDES permit .
B. Except as hereinafter provided, no person shall
discharge or cause to be discharged any of the following
described waters or wastes to any sewers :
1. Any liquid or vapor having a temperature higher than
one hundred fifty degrees Fahrenheit into the sewer and in no
case higher than one hundred and four degrees Fahrenheit at
introduction into the wastewater treatment plant;
2 . Any waters or wastes containing oil and grease such
that the discharge results in a stoppage, plugging, breakage,
significant obstruction to flow or any other damage to or
increased maintenance of sewers or sewerage facilities . No
person shall discharge oil and grease which results in pass-
through and/or interference.
3 . Any liquids , solids, or gases which by reason of their
nature or quantity are, or may be sufficient either alone or by
interaction with other substances to cause fire or explosion or
be injurious in any other way to the POTW and/or cause acute
worker health and safety Problems to it 's personnel or to the
operation of the system. At no time shall any waters or wastes
be discharged to the sewer that has a closed cup flashpoint of
less than 140 degrees Fahrenheit or 60 degrees Centigrade using
the test methods specified in 40 CFR 261 . 21 . At-ne-time-ahaii
two-successive-readings-on-a-eombustibie-gas-meter; at-the-point
of-discharge-ince-the-sever-system; be-mere--than-five-pereent
ES$)-nor-any-single-reading-ever-ten-pereent-JIG%)-of-the-bower
Expiesive-bimit-fb-£cbc3- Prohibited materials include, but are
not limited to gasoline, kerosene, naphtha, benzene, toluene, or
xylene;
4. Any solid or viscous substance, including but not
limited to unground garbage, feathers , ashes , cinders , sand,
polishing compounds , resin beads, metal , glass , straw, rags ,
spent grains or hops , wood, plastic, mud, shavings or manure
which may cause obstruction to the flow in sewers or other
interference with the proper operation of the POTW;
5. Any waters or wastes having pH lower than six or
higher than nine, or having any other corrosive property capable
of causing damage or hazard to structures , equipment or personnel
of the POTW;
6. Any water added to a wastewater discharge for the sole
purpose of dilution as a means to achieve compliance with any
pretreatment standard or local discharge limit;
7 . Any waters or wastes including oxygen demanding pol-
lutants (BOD, etc. ) at a flow rate and/or concentration which
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will cause Interference or Pass-through;
8 . Any average daily flow greater than two percent of the
WWTP average daily sewage flow shall be subject to the reviewand
approval of the Director;
9. Any wastewater containing in excess of :
�5-8--mgf�-afesminnm
17 . 90 170 mg/1 arsenic
0. 34 8725 mg/1 cadmium
37 . 45 875 mg/1 chromium
2. 53 875 mg/1 copper*
0 .02 ma/1 cyanide
-� .-5--mgf�-f�esoride
8-5--mgf�-iron
15. 68 8-5 mg/1 lead
0 . 25 8781 mg/1 mercury
3.81 ma/l nickel
0 .02 ma/1 silver
712. 6 mall sodium
-871--mgtl-3eieniam
0_5 378 mg/1 zinc
4-8--mgt1-M-B-A-S
178--m9JI-phenei
30 .0 mg/l ammonia .
388x8--mgtl-suifate
775--m9fi-beron
250.0 mg/1 B.O.D.
250 .0 ma/1 Total Suspended Solids
20 .000 .0 ma/1 Total Dissolved Solids
* Copper limit for designated contributory industries
only.
Any-wasteaater;-ether-than-mater-seftening-regeneratien
brine-containing-in-excess-of-
1688:8--mgfi-Totai-dissoived-soiids
38878--mgfl-Sodium
388 .-8--m9fI-ehicride
10 . Any waters or wastes containing any radioactive
materials or wastes of such half-life or concentration that they
do not comply with regulations issued by appropriate authorities
(Sections 30285 and 30287 of the California Code of Regulations) ;
11. Any infectious wastes;
12 . Any waters or wastes containing color which is not
removed in the ordinary WWTP treatment process .
C. Limitations on wastewater strength in this chapter may
be supplemented with more stringent limitations if :
1. The Director determines that the limitations listed in
this chapter may not be sufficient to protect the operation of
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13.08 . 410 Falsifying information.
Any person who knowingly makes any false statements ,
representation, record, report , plan or other document filed with
the Director, or who falsifies , tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this chapter, shall be guilty of a misdemeanor.
13 .08 . 420 Termination of service.
The Director may revoke any wastewater discharge permit ,
or terminate or cause to be terminated wastewater and/or water
service to any premises if a violation of any provision of this
chapter is found to exist or if a discharge of wastewater causes
or threatens to cause a condition of contamination, pollution or
nuisance as defined in this chapter. This provision is in
addition to other statutes, rules or regulations, authorizing
termination of services service for delinquency in payment .
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