HomeMy WebLinkAboutOrdinance 5847 03/03/1997
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ATTACHMENT B
ORDINANCE NO. 5847
(General)
AN ORDINANCE CONCERNING INDUSTRIAL USERS OF THE CITY SEWERAGE
SYSTEM; AMENDING SECTIONS 4-7-2,4-7-12,4-7-15,4-7-19 THROUGH 4-7-22, 4-7-26, 4-7-33,
AND 4-7-38 OF THE SPRINGFIELD CODE 1965.
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1. Section 4-7-2 of the Springfield Code, 1965 is amended to read as follows:
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4-7-2 Definitions. Unless the context specifically indicates otherwise, the following terms and
phrases, as used in this article, shall have the following meanings:
(1) Act. The Federal Water Pollution Control Act, also known as the Clean Water Act,
33 U.S.C. 1251, et seq.
(2) Authorized Representative of Industrial User. An authorized representative of a
industrial user shall be:
(a) A president, vice president, secretary or treasurer in charge of a principal
business function, or any other person who performs similar policy or decision-making functions for the
corporation, if the industrial user is a corporation;
(b) A general partner or Proprietor if the industrial user is a partnership or
proprietorship, respectively; or '
(c) A duly authorized representative of the individual designated in (a) or (b)
provided the authorization specifies either an individual or a position having responsibility for the overall
operation of the facility from which the discharge originates or a position of equivalent responsibility or
having overall responsibility for environmental matters for the company, is made in writing by an
individual designated in (a) or (b) and such authorization is provided to the City prior to or together with
any reports signed by an authorized representative as provided in 40 CFR 403.12(/) or required by the
City Manager.
(3) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five days at 200
Celsius expressed in milligrams per liter. This procedure is set forth in "Standard Methods for the
Examination of Water and Wastewater."
(4) CFR. The referenced Code of Federal Regulations provision.
(5) City. The City of Springfield.
(6) City Manager. The City Manager of the City or the his/her designee.
(7) City Sewerage System. A treatment works as defined by 33 USCA S1292 (2) (A).
This definition includes any publicly-owned sewers that convey wastewater to the treatment plant,
whether or not a part of the regional sewerage facilities as defined in the Intergovernmental Agreement
executed by the cities of Eugene and Springfield and Lane County on July 1, 1991 (Intergovernmental
agreement).
(8) Constituent. Any pollutant regulated by sections 4-7-3 through 4-7-4 of this code or
by any permit issued pursuant to section 4-7-11 of this code or any volume discharge limits established
by a permit issued pursuant to section 4-7-27 of this code.
(9) Cooling Water. The water discharged from any use to which the only pollutant
added is heat.
(10) DEQ. The Oregon Department of Environmental Quality.
(11) Discharge. The deposit of wastewater or pollutants into the City Sewerage System,
whether deliberate or as ah unintended result of any action or failure to act.
(12) Discharge Permit. A wastewater discharge permit or a mobile waste hauler permit.
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ORDINANCE NO. 5847
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Attachment B
(13) Domestic Waste. Waste derived from ordinary living processes, free from process
wastewater and which will permit satisfactory disposal, without special treatment, into the City
Sewerage System.
(14) EPA. The United States Environmental Protection Agency.
(15) Immediate or Immediately. Immediate or immediately means as soon as reasonably
possible but in no event longer than 24 hours.
(16) Industrial user. Any person, including a mobile waste hauler, who discharges
wastewater from a source other than a single or multiple dwelling unit directly connected to the City
Sewerage System.
(17) Interference. A discharge which, alone or in conjunction with a discharge or
discharges from other sources, either:
(a) Inhibits or disrupts the City, its treatment processes or operations, or its sludge
processes, use or disposal; or
(b) Is a cause of a violation of any requirement 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 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 known as the R.esource Conservation
and Recovery Act (RCRA), and including state regulations contained in any state sludge management
plan prepared pursuant to Subtitle 0 of the SWDA) , the Clean Air Act, the Toxic Substances Control
Act, and the Marine Protection, Research and Sanctuaries Act or regulations promulgated by the City
Manager.
(18) Mobile Waste Hauler. Any person who, by contract or otherwise, collects
wastewater, including domestic waste and septage waste, for transportation to and discharge into any
portion of the City Sewerage System.
(19) Mobile Waste Hauler Permit. A permit issued pursuant to section 4-7-22 of this
code.
(20) NPDES Permit. National Pollution Discharge Elimination System Permit issued
pursuant to ORS 468.740 and the Act.
(21) New Significant Industrial User. Any person discharging from any building,
structure, facility or installation (source), the construction of which commenced after the publication of
proposed Pretreatment Standards under section 307 (c) of the Act which will be applicable to such
source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility or installation is constructed at a site at which no
other source is located; or
(b) The building, structure, facility or installation totally replaces the process or
production equipment that causes t~e discharge of pollutants at an existing source; or
(c) 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.
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 the preceding paragraphs (b) or (c) but otherwise alters, replaces, or adds to
existing process or production equipment.
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ORDINANCE NO. 5847
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Attachment B
(22) New Source Construction. Construction of a new source has commenced if the
owner or operator has:
(a) Begun, or caused to begin as part of a continuous onsite construction program:
(i) Any placement, assembly, or installation of facilities or equipment; or
(ii) 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
(b) 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.
(23) Pass Through. A discharge which exits the City Sewerage System into waters of the
United States in quantities or concentrations which, alone or in conjunction with a discharge or
discharges from other sources, is a cause of a violation of any requirement of the City Sewerage
Syst~m NPDES permit (including an increase in the magnitude or duration of a violation).
(24) Person. Any individual, partnership, joint-venture, firm, company, cooperative,
corporation, association, joint stock company, trust, estate, governmental entity, or any other legal
entity. The masculine gender shall include the feminine and the singular shall include the plural.
(25) Qti. The logarithm (base 10) of the reciprocal of the hydrogen ion activity expressed
in moles per liter of solution.
(26) Pollutant. Any element or compound discharged into the City Sewerage System
except water unless the water has been heated, cooled, or irradiated.
(27) Pollution. The alteration of the chemical, physical, biological or radiological state of
water.
(28) Pollution Management Practices. Schedules of actiVities, requirements, or
prohibitions of practices, operating procedures, maintenance procedures, and other
management procedures used to reduce the amount of pollutants entering the sanitary sewer.
(29) Pollution Prevention. Source reduction and other practices that reduce or
eliminate the creation of pollutants.
~(30)Pretreatment. The reduction or elimination of pollutants in wastewater prior to
discharge. r
~(31)Process Wastewater. Water which, during manufacturing or processing, comes into
contact with or results from the prOduction of or use of any raw material, intermediate product, finished
product, byproduct or waste product.
~(32)Restricted Substance. Pollutants prescribed by the City Manager pursuant to
Section 4-7-4.
~(33)Sample. Any portion of wastewater representing a discharge, which may be a grab
sample, or a composite of several samples representing the sewer discharge over a period of time.
~(34)Septage Waste. Domestic waste extracted from a sewage containment system.
~(35)Shall is mandatory. May is permissive.
f341(36)SIC Number. A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
~(37)Significant Industrial User. Any industrial user which:
(a) is subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40
CFR Chapter I, Subchapter N or rules promulgated by the City Manager, or
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ORDINANCE NO.
5847
Attachment B
Page 4 of 8
(b) has a signific:mt amount of toxic pollut~mts in its w3stewoter, 3S determined by
the City Mon3ger, or
fG}(b) discharges an average of at least 25,000 gallons per day of wastewater
(excluding domestic waste, boiler blowdown, and noncontact cooling water) in any period of 12
consecutive calendar months, or
fG}(c) discharges 'N3ter, including process wastewater, which on any day in any
period of 12 consecutive calendar months constitutes at least five percent of the average daily dry
weather hydraulic or organic capacity of the City Sewerage System, or
fej(d) is determined by the City Manager to have a reasonable potential for
adversely affecting the City Sewerage System's operation or for violating any pretreatment standards.
~(38)Slugload. Any discharge of a non-routine episodic nature, including, but not limited
to, an accidental spill or a non-customary batch discharge.
tJ+j(39)Standards. The limitations and requirements established by federal, state and local
laws and regulations for discharges to the City Sewerage System.
~(40)State. The State of Oregon.
~(41)Suspended Solids. The total elements and compounds which float on the surface
of, or are suspended in wastewater, and which are removable by laboratory filtration as determined by
procedures specified in "Standard Methods for Examination of Water and Wastewater."
f4Gj(42)Toxic Pollutant. Any pollutant or combination of pollutants identified pursuant to
Section 307 (a) and Section 502 of the Act or otherwise listed as toxic in regulations previously
promulgated by the EPA, or as identified by the City Manager.
~(43)Wastewater. Liquid or water-carried pollutants including any ground water, surface
water, and storm water that may be present, whether treated or untreated, which is discharged, flows,
or infiltrates into the City Sewerage System. .
~(44)Wastewater Discharge Permit. A permit issued pursuant to Sections 4-7-11 and 4-
7 -12 of this Code.
Section 2. Section 4-7-12 of the Springfield Code, 1965 is amended to read as follows:
4-7-12 Wastewater Discharge Permits - General. Every significant industrial user shall secure a
wastewater discharge permit from the City. Any discharge by a significant industrial user
without a Wastewater Discharge permit is a violation of these sections except as provided in 4-7-12.
Section 3. Section 4-7-15 of the Springfield Code, 1965 is amended to read as follows:
4-7-15 Wastewater Discharge Permit - Duration. Permits shall be issued for a specified time
period, not to exceed three years. The permit holder shall apply for permit reissuance a
minimum of 90 days prior to the expiration of its existing permit if it desires to continue to discharge.
An expired permit will continue to be in effect until final action has been taken on the renewal
application to issue or deny the permit ("Final Action j if:
a) The permit holder has submitted a complete permit application at least 90
days prior to the expiration of its permit; and
b) The failure to take Final Action is not due to any act or failure to act on the
part of the permit holder.
Section 4. Section 4-7-19 of the Springfield Code, 1965 is amended to read as follows:
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ORDINANCE NO. 5847
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Attachment B
4-7 -19 Administration
(1) Wastewater Discharge Survev. An industrial 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, request that a Wastewater Discharge
Survey be completed and returned to the City.
"1 7 19 (2) Administration - Monitoring facilities. When required by the City Manager, the industrial
user shall install and maintain at its expense a suitable control access-hole to facilitate
observation, sampling and measurement of wastewater being discharged. Such access-hole shall be
located, if feasible, where it is accessible from public road or street. It shall be constructed in
accordance with plans and at a location approved by the City Manager and shall be arranged so that
flow measuring and sampling equipment and a shutoff gate or a screen may be conveniently installed
by the City.
" 720 (3) Administration - Inspection and Sampling. The City may inspect the facilities of any
industrial user as often as deemed necessary (significant industrial users should expect to
be inspected no less often than one to four times annually) to ascertain whether the provisions of this
article are being complied with. The owner, operator or agent in charge of the premises shall allow
authorized representatives of the City, State and EPA, access at all reasonable times to all parts of the
premises where wastewater-related facilities are located or in which records required by this code are
kept for the purpose of the performance of any of their duties, including but not limited to, inspection,
observation, photographing, sampling, and/or records copying and examination. The City, State and
EPA shall have the right to set up on the industrial user's property such devices as may be necessary
or proper to conduct sampling, observation, inspection, compliance monitoring and/or metering
operations. The industrial user shall make arrangements with its employees so that upon presentation
of their credentials, representatives from the City, State or EPA will be permitted to enter, without
delay, for the purpose of performing their responsibilities.
" 7 21 (4) Administration - Pretreatment Facilities. An industrial user may be required to install
pretreatment facilities, ef make plant or process modifications, or implement pollution prevention or
pollution management practices as deemed necessary by the City Manager to meet the
requirements of this article.
Whenever such facilities or modifications are required, they shall be constructed,installed,
operated and maintained at the expense of the industrial user and in an manner and within the time
prescribed by the City Manager to enable the City to comply with all state and federal regulations or
requirements or to protect the City Sewerage System or treatment process. The industrial user shall
maintain records indicating routine maintenance check dates, cleaning and waste removal dates and
means of disposal of accumulated wastes. Such records shall be retained for a minimum of three
years and shall be subject to review in accordance with Section 4-7-19 of this code. 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 industrial user of the responsibility of enlarging or otherwise modifying or replacing such
facilities to accomplish the intended purpose and to meet the applicable standards, limitations and
conditions of this article and, in the case of a permit holder, the Wastewater Discharge Permit. ,
" 7 22 (5) Administration-Confidential Information. Information and data obtained by the City from
reports, questionnaires, permit applications, permits and monitoring programs shall be
available to the public and other governmental agencies without restriction unless the industrial user
requests in writing that it be confidential and demonstrates 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.
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ORDINANCE NO.
5847
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Attachment B
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Notwithstanding anything herein to the contrary, all such data shall be available at least to the extent
necessary so that the City Manager can ensure compliance with the requirements of 40 CFR Section
2.302.
When confidentiality is requested and the right thereto is established by the industrial user,
the confidential information shall not be made available for inspection by the public but may be made
available upon written request to governmental agencies for uses related to sections 4-7-1 to 4-7-47,
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, or federal agency in judicial or enforcement proceedings
involving the person furnishing the report.
Section 5. Section 4-7-20 through 4-7-22 of the Springfield Code, 1965 are amended to read as
follows:
4-7-20
reserved.
4-7-21
reserved.
4-7-22
reserved.
Section 6. Section 4-7-26 of the Springfield Code, 1965 is amended to read as follows:
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4-7-26 Mobile Waste Haulers - Permit Duration. Permits shall be issued for a specified time period,
not to exceed three years. The permit holder shall apply for permit reissuance a
minimum of 90 days prior to the expiration of its existing permit if it desires to continue to discharge.
An expired permit will continue to be in effect until final action has been taken on the renewal
application to issue or deny the permit ("Final Action, if:
a) The permit holder has submitted a complete permit application at least 90
days prior to the expiration of its permit; and
b) The failure to take Final Action is not due to any act or failure to act on the
part of the permit holder.
Section 7. Section 4-7-33 ofthe Springfield Code, 1965 is amended to read as follows:
4-7-33 Enforcement - Termination and Revocation of Discharge Permit. Any industrial user who
violates any of the provisions of this article or, where applicable, the conditions of its
discharge permit, which viol3tion does not present :m imminent danger to the he31th or welbre of
persons, property or the environment 3nd v:hich violation will not C3use interference, pass through or
contamin3tion of the resulting sludge may have its discharge permit revoked and/or sewer connection
severed by order of the City Manager.
The order shall be signed by the City Manager and shall specify the nature and source of
the violation. The order shall be delivered or sent by regular mail to the address of the industrial user.
The order may specify the corrective actions to be taken and shall allow reasonable time for
satisfactory correction. If the industrial user does not correct the violation within the time specified, or
. such additional time as may be allowed in writing by the City Manager, the discharge permit shall be
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ORDINANCE NO.
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Attachment B
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revoked and/or the sewer connection severed as provided in the order. Correction of the violation shall
not preclude assessment of monetary penalties.
The filing of an appeal pursuant to Section 4-7-44 and 45 shall stay enforcement of the
action by the City Manager under this subsection 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 the delinquency in payment of fees or charges.
The industrial user whose Discharge Permit is revoked pursuant to this section shall
be prohibited from applying for a new discharge permit for a period of two years from the date
of final decision. The prohibition may be waived if the City Manager determines that the
issuance of a new discharge permit is necessary to avert an imminent or existing danger to the
health or welfare of persons, property, or the environment.
Section 8. Section 4-7-38 of the Springfield Code, 1965 is amended to read as follows:
calendar day, or
(b) Is lower than 3.5 for more th3n 15 minutes in :my c31endar day 5.0 or
greater than 12.5 at any time during a calendar day, or
(4) The volume restrictions of a discharge permit are exceeded.
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ORDINANCE NO. 5847
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Adopted by the Common Council of the City of Springfield by a vote of
6
against
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for and
this 3 rd day of Ma rc h
,+99& 1997
Approved by the Mayor of the City of Springfield this 3rd day of March
, 1@~~. 1997.
ATTEST:
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~Int
Dt(J~6 City corder
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REVIEWED & APPROVED
~,~<:>,~M) '--.~~\
DATE: '2-) .:; J "1 (
OFF!CE OF CITY ATTORNEY