HomeMy WebLinkAboutOrdinance No. 6457 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6457 _ (GENERAL)
AN ORDINANCE REPEALING SPRINGFIELD MUNICIPAL CODE SECTIONS 4.002 TO 4.094,
ADOPTING SECTIONS 4.001 TO 4.085 RELATING TO INDUSTRIAL PRETREATMENT,
ADOPTING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Metropolitan Wastewater Management Commission (MWMC) is an intergovernmental
entity formed by the City of Springfield, City of Eugene, and Lane County by intergovernmental
agreement pursuant to ORS 190.085(1), for the purposes of operating, constructing, maintaining and
financing regional wastewater facilities for the Eugene-Springfield region;
WHEREAS, on October 10, 2022, the Oregon Department of Environmental Quality (DEQ) renewed
MWMC's National Pollutant Discharge Elimination System (NPDES) Permit, effective November 1, 2022,
which includes modified effluent limits;
WHEREAS, the Cities of Springfield and Eugene manage individual industrial pretreatment programs
to reduce the amount of pollution in industrial wastewater before it flows into the public sewer system
or reaches the regional treatment facility;
WHEREAS, MWMC provides oversight for the cities' industrial pretreatment programs via adoption of
an Industrial Pretreatment Model Ordinance that includes the applicable pretreatment requirements
under federal and state law;
WHEREAS, as a result of an audit of the current industrial pretreatment program by DEQ, the NPDES
Permit requires the City of Springfield and City of Eugene to revised their municipal Industrial
Pretreatment ordinances and submit the adopted ordinance to DEQ for review and approval within 18
months of the Permit's effective date;
WHEREAS, on April 14, 2023, MWMC adopted an updated Industrial Pretreatment Model Ordinance to
meet requirements in Schedule E of the MWMC NPDES permit and the DEQ audit;
WHEREAS, the Common Council of the City of Springfield has conducted a public hearing on May 1,
2023 regarding the proposed Industrial Pretreatment Code, which implements the MWMC Industrial
Pretreatment Model Code; and
WHEREAS, the Council considers it in the public interest to adopt the Industrial Pretreatment Code as
set forth in Exhibit A of this Ordinance, along with conforming changes to the Springfield Municipal
Code as set forth in Exhibit B of this Ordinance,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Springfield Municipal Code sections 4.002 through 4.094 are hereby repealed and
replaced by Sections 4.001 through 4.085 as provided in Exhibit A, attached hereto and incorporated
herein by reference.
Section 2. Springfield Municipal Code sections 4.222 and 5.604 are hereby amended as
provided in Exhibit B, attached hereto and incorporated herein by reference.
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Section 3. Savings Clause. The prior sections of the Springfield Municipal Code that are
repealed or amended by this Ordinance will remain in full force and effect to authorize enforcement
thereof, including but not limited to prosecution of persons in violation thereof prior to the effective
date of this Ordinance.
Section 4. Severability Clause. If any provision of this Ordinance is invalidated by any court
of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force
and effect.
Section 5. Effective Date. This Ordinance becomes effective thirty (30) days after adoption
by the Council and approval by the Mayor, or upon approval by the Oregon Department of
Environmental Quality, whichever occurs later.
ADOPTED by the Common Council of the City of Springfield this 15th day of May , 2023,
by a vote of 6 for and 0 against.
APPROVED by the Mayor of the City of Springfield this 15th day of May , 2023.
Mayor
ATTEST:
City Recorder
REVIEWED&APPROVED
AS TO FORM
Kn�uza-Kracr��
DATE: 5/11/23
SPRINGFIELD CITY ATTORNEY'S OFFICE
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Ordinance No. 6457
Exhibit A Page 1 of 65
INDUSTRIAL PRETREATMENT PROGRAM
GENERAL PROVISIONS
4.001 Purpose and Policy
4.002 Applicability
4.003 Administration
4.004 Abbreviations
4.005 Definitions
REGULATIONS
4.006 Prohibited Discharge Standards
4.007 National Categorical Pretreatment Standards
4.008 State Pretreatment Standards
4.009 Local Limits
4.010 City's Right of Revision
4.011 Dilution
4.012 Pretreatment Standards - Best Management Practices
4.013 Special Agreements
4.014 Wastewater Discharge Survey
PRETREATMENT OF WASTEWATER
4.015 Pretreatment Facilities
4.016 Additional Pretreatment Measures
4.017 Accidental Discharge/Slug Discharge Control Plans
4.018 Hauled Waste
INDIVIDUAL WASTEWATER DISCHARGE PERMITS
4.019 Wastewater Analysis
4.020 Individual Wastewater Discharge Permit Requirement
4.021 Duty to Apply
4.022 Individual Wastewater Discharge Permit Application Contents
4.023 Application Signatories and Certifications
4.024 Individual Wastewater Discharge Permit Decisions
INDIVIDUAL WASTEWATER DISCHARGE PERMIT ISSUANCE
4.025 Individual Wastewater Discharge Permit Duration
4.026 Individual Wastewater Discharge Permit Contents
4.027 Permit Modification
4.028 Individual Wastewater Discharge Permit Transfer
4.029 Individual Wastewater Discharge Permit Revocation
4.030 Individual Wastewater Discharge Permit Reissuance
4.031 Continuation of Expired Permits
RECONSIDERATION AND APPEALS
4.032 Reconsideration by Industrial Pretreatment Program
4.033 Reconsideration by City Manager
4.034 Appeal to MWMC
4.035 Settlement of Administrative Penalty Assessment
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Exhibit A Page 2 of 65
GENERAL DISCHARGE AUTHORIZATION
4.036 Sector Control Programs
4.037 Discharge Authorization Letter Conditions
4.038 Discharge Authorization Letter Duration
REPORTING REQUIREMENTS
4.039 Baseline Monitoring Reports
4.040 Compliance Schedule
4.041 Reports on Compliance with Categorical Pretreatment Standard Deadline
4.042 Periodic Compliance Reports
4.043 Reports of Changed Conditions
4.044 Reports of Potential Problems
4.045 Reports from Unpermitted Users
4.046 Notice of Violation/Repeat Sampling and Reporting
4.047 Notification of the Discharge of Hazardous Waste and Reporting Requirements
4.048 Analytical Requirements
4.049 Sample Collection
4.050 Date of Receipt of Reports
4.051 Recordkeeping
4.052 Certification Statements
4.053 Electronic Reporting
COMPLIANCE MONITORING
4.054 Right of Entry: Inspection and Sampling
4.055 Monitoring Facilities
4.056 Search Warrants
CONFIDENTIAL INFORMATION
4.057 Confidential Information
PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
4.058 Publication of Users in Significant Noncompliance
CROSS MEDIA ELECTRONIC REPORTING (CROMERR)
4.059 Purpose
4.060 Definitions to Establish the Framework for Electronic Reporting
4.061 Reporting Requirements for Electronic Submissions
4.062 Reporting Requirements
4.063 IU Reporting and Notification Requirements
ADMINISTRATION COMPLIANCE REMEDIES
4.064 Warning Letter
4.065 Notification of Violation
4.066 Administrative Compliance Orders
4.067 Stipulated Enforcement Orders
4.068 Service
4.069 Cease and Desist Orders
4.070 Administrative Penalties and Fines
4.071 Emergency Suspensions
4.072 Termination of Discharge
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Exhibit A Page 3 of 65
JUDICIAL ENFORCEMENT REMEDIES
4.073 General
4.074 Injunctive Relief
4.075 Civil Penalties
4.076 Criminal Prosecution
4.077 Remedies Nonexclusive
SUPPLEMENTAL ENFORCEMENT ACTION
4.078 Payment of Outstanding Fees and Penalties
4.079 Water Supply Severance
4.080 Public Nuisances
AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
4.081 Upset
4.082 Prohibited Discharge Standards
4.083 Bypass
FEES
4.084 Purpose
4.085 Pretreatment Charges and Fees
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Exhibit A Page 4 of 65
GENERAL PROVISIONS
4.001 Purpose and Policy
4.002 Applicability
4.003 Administration
4.004 Abbreviations
4.005 Definitions
4.001 Purpose and Policy
(1) Short Title. Sections 4.001 through 4.085 of this Code may be cited as the Industrial
Pretreatment Code.
(2) The Industrial Pretreatment Code sets 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).
(3) The objectives of the Industrial Pretreatment Code are:
(a) 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;
(b) 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;
(c) 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;
(d) To promote reuse and recycling of industrial wastewater and sludge from the Publicly
Owned Treatment Works; and
(e) 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.
(3) In achieving the objectives of the Industrial Pretreatment Code, 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.
(4) 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.
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(5) The City, in carrying out the provisions of the Industrial Pretreatment Code 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 authorized, in its administrative discretion, to adopt and to promulgate as
regulations any laws of the state or the federal government. 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.
(6) 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.
4.002 Applicability
The Industrial Pretreatment Code shall apply to all persons within the City of Springfield and City of
Eugene, and to all Users of the Publicly Owned Treatment Works. The Ordinance authorizes the
issuance of individual wastewater discharge permits; provides for monitoring, compliance, and
enforcement activities; establishes administrative review procedures; requires User reporting; and
provides for the setting of fees for the equitable distribution of costs resulting from the program
established herein.
4.003 Administration
Except as otherwise provided herein, the City Manager shall administer, implement, and enforce
the provisions of the Industrial Pretreatment Code to ensure that the City's pretreatment program
complies with the objectives of the Industrial Pretreatment Code, 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.
4.004 Abbreviations
The following abbreviations, when used in the Industrial Pretreatment Code, 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/I — milligrams per liter
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MWH — Mobile Waste Hauler
MWMC —The Metropolitan Wastewater Management Commission
NAICS —The North American Industry Classification System
NDCIU — Non-Discharging Categorical Industrial User
NPDES — National Pollutant Discharge Elimination System
NSCIU — Non-Significant Categorical Industrial User
POTW— Publicly Owned Treatment Works
RCRA— Resource Conservation and Recovery Act
SIU —Significant Industrial User
SNC —Significant Noncompliance
TSS —Total Suspended Solids
U.S.C. — United States Code
4.005 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in the
Industrial Pretreatment Code, shall have the meanings hereinafter designated.
(1) 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.
(2) Approval Authority. The State of Oregon.
(3) Authorized or Duly Authorized Representative of the User.
(a) If the User is a corporation:
(i) 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
(ii) 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 subsection 4.005(3)(a) through (c) above, may designate a
Duly Authorized Representative if the authorization is in writing, the
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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.
(4) Best Management Practices or ("BMPs"). Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions
listed in sections 4.006 and 4.009. 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.
(5) 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/1).
(6) 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.
(7) Categorical Industrial User. An Industrial User subject to a categorical Pretreatment
Standard or categorical Standard.
(8) City. The City of Springfield.
(9) City Manager. The City Manager of the City as defined by the City's Charter, or the City
Manager's designee.
(10) 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.
(11) Control Authority. The City.
(12) Daily Maximum. The arithmetic average of all effluent samples for a pollutant collected
during a calendar day.
(13) 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.
(14) 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.
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(15) Environmental Protection Agency CEPA"). 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.
(16) Existing Source. Any source of discharge that is not a "New Source."
(17) 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.
(18) General Discharge Authorization. A written authorization issued for the discharge of
wastewater from a User into the POTW.
(19) 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.
(20) 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.
(21) 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.
(22) 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.
(23) 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.
(24) 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)(1) and (b).
(25) 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.
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(26) 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.
(27) New Source.
(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:
(i) The building, structure, facility, or installation is constructed at a site at which no
other source is located; or
(ii) The building, structure, facility, or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an Existing Source;
or
(iii) 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 subsections 4.005(27)(a)(i) or (ii) above but
otherwise alters, replaces, or adds to existing process or production equipment.
(c) Construction of a New Source as defined under this paragraph has commenced if the
owner or operator has:
(i) Begun or caused to begin, as part of a continuous onsite construction program, (1)
any placement, assembly, or installation of facilities or equipment; or (2) 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
(ii) 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.
(28) 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.
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(29) 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.
(30) 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.
(31) pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
(32) 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.
(33) 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.
(34) 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.
(35) Pretreatment Requirements. Any substantive or procedural requirement related to
pretreatment imposed on a User, other than a Pretreatment Standard.
(36) Pretreatment Standards or Standards. Pretreatment Standards shall mean prohibited
discharge standards, categorical Pretreatment Standards, and Local Limits.
(37) Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against
the discharge of certain substances; these prohibitions appear in section 4.006.
(38) 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.
(39) Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
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(40) Sewage. Human excrement and gray water, including, but not limited to wastes from
bathrooms, laundries, and kitchens.
(41) Sewer. Any pipe, conduit ditch, or other device used to collect and transport sewage from
the generating source.
(42) SIC Number. A classification pursuant to the Standard Industrial Classification Manual
issued by the Executive Office of the President, Office of Management and Budget.
(43) Significant. Except as otherwise defined in the Industrial Pretreatment Code, significant is
defined on a case-by-case basis. If a person subject to the Industrial Pretreatment Code 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.
(44) Significant Industrial User (SIU).
(a) An Industrial User subject to categorical Pretreatment Standards; or
(b) An Industrial User that:
(i) 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);
(ii) 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
(iii) 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:
(i) The Industrial User, prior to City's finding, has consistently complied with all
applicable categorical Pretreatment Standards and Requirements;
(ii) The Industrial User annually submits the certification statement required in
subsection 4.052(2), together with any additional information necessary to support
the certification statement; and
(iii) The Industrial User never discharges any untreated concentrated wastewater.
(d) Upon a finding that a User meeting the criteria in subsection 4.005(44)(b) above 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
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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.
(45) Significant Noncompliance. A SIU, or an IU which violates subsections 4.005(46)(c), (d), or
(h), 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
(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.
(46) Slug Load or Slug Discharge. Any discharge at a flow rate or concentration, which could
cause a violation of the prohibited discharge standards in sections 4.006 or Local Limits as
described in 4.009. 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.
(47) Storm Water. Any flow occurring during or following any form of natural precipitation, and
resulting from such precipitation, including snowmelt.
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(48) 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.
(49) User or Industrial User. A source of indirect discharge into a POTW. The source shall not
include a Domestic User.
(50) 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.
(51) Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is
designed to provide treatment of municipal sewage and industrial waste.
{00025792:10} 10
Ordinance No. 6457
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REGULATIONS
4.006 Prohibited Discharge Standards
4.007 National Categorical Pretreatment Standards
4.008 State Pretreatment Standards
4.009 Local Limits
4.010 City's Right of Revision
4.011 Dilution
4.012 Pretreatment Standards - Best Management Practices
4.013 Special Agreements
4.014 Wastewater Discharge Survey
4.006 Prohibited Discharge Standards
(1) 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.
(2) Specific Prohibitions.
(a) No User shall introduce or cause to be introduced into the POTW the following
pollutants, substances, or wastewater:
(i) 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 of less 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;
(ii) 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;
(iii) 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,
f 00025792:io} 11
Ordinance No. 6457
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gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating
oil, mud, or glass grinding or polishing wastes;
(iv) 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;
(v) 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);
(vi) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause Interference or Pass Through;
(vii)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;
(viii) Trucked or hauled pollutants, except at discharge points designated by the
City Manager in accordance with section 4.018;
(ix) 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;
(x) 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;
(xi)Wastewater containing any radioactive wastes or isotopes except in compliance
with applicable local limits and State or Federal regulations;
(xii)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;
(xiii) Medical Wastes, except as specifically authorized by the City Manager in an
individual wastewater discharge permit;
(xiv) 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;
(xv) 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
{00025792:10} 12
Ordinance No. 6457
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waters of the POTW or exceed any limitation set forth in a National Categorical
Pretreatment Standard or any other Pretreatment Standard;
(xvi) 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;
(xvii) Any pollutant which will cause the City to violate its NPDES permit; and
(xviii) 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; diagnostic agents;
nutraceuticals; and antibiotics, or any hazardous waste pharmaceutical as defined
in 40 CFR 266.500.
(b) Users that use continuous monitoring techniques for pH shall meet the requirements
specified in subsection 4.006(2)(a)(ii); except that temporary excursion above the upper
and lower pH values are allowed as long as:
(i) The total time during which values for pH are outside the prohibition or limitation
value does not exceed seven (7) hours and 26 minutes in any calendar month;
(ii) No excursion results in or contributes to violations of the prohibitions in sections
4.006 through 4.014.
(iii) In no case shall the discharge have a pH lower than 5.0 except as authorized by the
City Manager.
(iv)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 shorter allowable
duration for that User.
(c) Pollutants, substances, or wastewater prohibited by this section shall not be processed
or stored in such a manner that they could be discharged to the POTW.
4.007 National Categorical Pretreatment Standards
Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I,
Subchapter N, Parts 405-471. These categorical standards shall be met by all industrial users of
the regulated industrial categories.
(1) 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.
(2) 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
f 00025792:io} 13
Ordinance No. 6457
Exhibit A Page 17 of 65
concentration for purposes of calculating effluent limitations applicable to individual
Industrial Users.
(3) 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).
(4) 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
Industrial User meets all the conditions set forth in section 4.007(4)(a)(i) through (v) below.
(a) To be eligible for equivalent mass limits, the Industrial User must:
(i) 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;
(ii) 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;
(iii) 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;
(iv) 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
(v) Have consistently complied with all applicable categorical Pretreatment Standards
during the period prior to the Industrial User's request for equivalent mass limits.
(b) An Industrial User subject to equivalent mass limits must:
(i) Maintain and effectively operate control and treatment technologies adequate to
achieve compliance with the equivalent mass limits;
(ii) Continue to record the facility's flow rates through the use of a continuous effluent
flow monitoring device;
(iii) 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 subsection 4.007(4)(a)(iii). 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
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Ordinance No. 6457
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(iv) Continue to employ the same or comparable water conservation methods and
technologies as those implemented pursuant to subsection 4.007(4)(a)(i) so long as
it discharges under an equivalent mass limit.
(c) When developing equivalent mass limits, the City Manager:
(i) 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;
(ii) 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
(iii) 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 section 4.011. The Industrial User must also be in
compliance with section 4.083 regarding the prohibition of bypass.
(iv)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.
(5) Once included in its permit, the Industrial User must comply with the equivalent limitations
developed in this section in lieu of the promulgated categorical Standards from which the
equivalent limitations were derived.
(6) 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.
(7) 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.
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4.008 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 the Industrial Pretreatment Code.
4.009 Local Limits
(1) The City Manager is authorized to establish Local Limits pursuant to 40 CFR 403.5(c).
(2) 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.
(3) 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.
(4) 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.
(5) Individual limits for specific Users may be established on a case-by-case basis for
compounds not specifically listed in published local limits.
(6) The City Manager may develop BMPs, by Ordinance or in individual wastewater discharge
permits, to implement Local Limits and the requirements of section 4.006.
4.010 City's Right of Revision
The City Manager reserves the right to establish, by Ordinance, regulation, or in individual
wastewater discharge permits, more stringent Standards or Requirements on discharges to the
POTW consistent with the purpose of the Industrial Pretreatment Code.
4.011 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.
4.012 Pretreatment Standards — Best Management Practices
(1) The City Manager may develop BMPs, or require a User to develop BMPs, to implement
the prohibitions of section 4.006 (Prohibited Discharge Standards), and section 4.009
(Local Limits). BMPs shall be considered pretreatment standards and local limits for the
purposes of the Industrial Pretreatment Code and Section 307(d) of the CWA. Additionally,
BMPs may be categorical pretreatment standards as established by EPA.
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Ordinance No. 6457
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(2) The City Manager may develop general BMPs that are applicable to categories of Users, or
geographic areas.
4.013 Special Agreements
(1) Nothing contained in section 4.006 (Prohibited Discharge Standards), section 4.009 (Local
Limits), and section 4.012 (Pretreatment Standards — Best Management Practices) shall be
construed to prohibit an agreement between the City and any person whereby a discharge
which would otherwise be prohibited by the Industrial Pretreatment Code may be admitted
to the POTW.
(2) 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.
(3) Categorical pretreatment standards and federal pretreatment requirements shall not be
waived by special agreement of the parties.
4.014 Wastewater Discharge Survey
(1) 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.
(2) 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.
(3) 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.
f 00025792:io} 17
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Exhibit A Page 21 of 65
PRETREATMENT OF WASTEWATER
4.015 Pretreatment Facilities
4.016 Additional Pretreatment Measures
4.017 Accidental Discharge/Slug Discharge Control Plans
4.018 Hauled Waste
4.015 Pretreatment Facilities
(1) Users shall provide wastewater treatment as necessary to comply with the Industrial
Pretreatment Code and shall achieve compliance with all categorical Pretreatment
Standards, Local Limits, and the prohibitions set out in sections 4.006 through 4.014 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 User from the responsibility of modifying
such facilities as necessary to produce a discharge acceptable to the City under the
provisions of the Industrial Pretreatment Code.
(2) 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 the Industrial Pretreatment Code.
(3) 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.
(4) 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 the Industrial Pretreatment
Code and any individual wastewater discharge permit or Discharge Authorization issued to
the User.
(5) Deadline for Compliance with Applicable Pretreatment Requirements.
(a) 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.
(b) 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.
{00025792:10} 18
Ordinance No. 6457
Exhibit A Page 22 of 65
(c) 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.
4.016 Additional Pretreatment Measures
(1) 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 the Industrial Pretreatment Code.
(2) 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.
(3) Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
4.017 Accidental Discharge/Slug Discharge Control Plans
(1) 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.
(2) 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 section 4.044; 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.
f 00025792:io} 19
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Exhibit A Page 23 of 65
(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.
4.018 Hauled Waste
(1) Any hauled waste approved to be discharged into the POTW is subject to all the
requirements in the Industrial Pretreatment Code.
(2) MWHs proposing to discharge waste to the Septage Receiving Station at the POTW
Treatment Plant shall apply for a Mobile Waste Hauler Discharge Permit.
(3) 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.
(4) 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 section 4.006(1).
{00025792:10) 20
Ordinance No. 6457
Exhibit A Page 24 of 65
INDIVIDUAL WASTEWATER DISCHARGE PERMITS
4.019 Wastewater Analysis
4.020 Individual Wastewater Discharge Permit Requirement
4.021 Duty to Apply
4.022 Individual Wastewater Discharge Permit Application Contents
4.023 Application Signatories and Certifications
4.024 Individual Wastewater Discharge Permit Decisions
4.019 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 section
4.014.
4.020 Individual Wastewater Discharge Permit Requirement
(1) 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 sections 4.019
through 4.024 may continue to discharge for the time period specified therein.
(2) The City Manager may require other Users to obtain individual wastewater discharge
permits as necessary to carry out the purposes of the Industrial Pretreatment Code. 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 section 4.021.
(3) Any violation of the terms and conditions of an individual wastewater discharge permit shall
be deemed a violation of the Industrial Pretreatment Code and subjects the wastewater
discharge permittee to the sanctions set out in sections 4.064 through 4.080. 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.
4.021 Duty to Apply
(1) Users notified by the City Manager shall apply for an individual wastewater discharge
permit ninety (90) days prior to:
(a) Commencing discharge at a new connection where the discharge characteristics will
meet the definition of a SIU;
(b) 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
(c) Establishing a process or modifying a process that would then be subject to Categorical
Pretreatment Standards;
{00025792:10} 21
Ordinance No. 6457
Exhibit A Page 25 of 65
(2) 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.
(3) 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.
(4) 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
4.022 Individual Wastewater Discharge Permit Application Contents
(1) 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:
(a) Identifying Information.
(i) The name and address of the facility, including the name of the operator and owner;
(ii) Contact information, description of activities, facilities, and plant production
processes on the premises;
(iii) SIC number and/or NAICS.
(b) 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.
(c) Description of Operations.
(i) 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;
(ii) 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;
(iii) Number and type of employees, hours of operation, and proposed or actual hours of
operation;
(iv) Type and amount of raw materials and chemicals processed (average and
maximum per day) and stored;
{00025792:10) 22
Ordinance No. 6457
Exhibit A Page 26 of 65
(v) Water source, water use, water use distribution throughout the facility and
wastewater flow rates;
(vi) 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;
(vii)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;
(viii) 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;
(ix)A description of activities and methods of collection, transportation, storage, and
discharge of wastewater, stormwater, or other liquid waste;
(x) A description of transportation and storage facilities;
(xi)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; and
(xii)Proof of adequate general liability and property damage insurance.
(d) Time and duration of discharges.
(e) The location for monitoring all wastes covered by the permit.
(f) A description of spill prevention measures or plans which are currently in place.
(g) Flow Measurement. Information providing a description of flow monitoring and
wastewater sampling equipment to be installed and methods to be used.
(h) Any other information as may be deemed necessary by the City Manager to evaluate
the permit application.
(2) Incomplete or inaccurate applications will not be processed and will be returned to the User
for revision.
4.023 Application Signatories and Certifications
(1) 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 section 4.039.
(2) 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
f 00025792:io} 23
Ordinance No. 6457
Exhibit A Page 27 of 65
Manager prior to or together with any reports to be signed by an Authorized
Representative.
(3) A facility determined to be a Non-Significant Categorical Industrial User by the City
Manager pursuant to subsection 4.005(44) annually submit the signed certification
statement in section 4.052(2).
4.024 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.
{00025792:10) 24
Ordinance No. 6457
Exhibit A Page 28 of 65
INDIVIDUAL WASTEWATER DISCHARGE PERMIT ISSUANCE
4.025 Individual Wastewater Discharge Permit Duration
4.026 Individual Wastewater Discharge Permit Contents
4.027 Permit Modification
4.028 Individual Wastewater Discharge Permit Transfer
4.029 Individual Wastewater Discharge Permit Revocation
4.030 Individual Wastewater Discharge Permit Reissuance
4.031 Continuation of Expired Permits
4.025 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.
4.026 Individual Wastewater Discharge Permit Contents
(1) 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.
(2) Individual wastewater discharge permits must contain:
(a) A statement that indicates the wastewater discharge permit issuance date, expiration
date and effective date;
(b) 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;
(c) Effluent limits, including BMPs, based on applicable Pretreatment Standards;
(d) 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;
(e) Requirements for submitting technical reports, discharge reports, licenses, manifests, or
plans;
(f) Requirements for maintaining and retaining records required by a wastewater discharge
permit, and affording the City Manager access thereto;
(g) Requirements for notifying the City two (2) days after a permit 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, permit holder must meet the
{00025792:10} 25
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mass or concentration limits in its permit that were based on the original estimate of the
long term average flow rate;
(h) 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.
(i) Requirements to control Slug Discharge, if determined by the City Manager to be
necessary.
Q) Requirements for immediately notifying the City of slug load discharges or a change in
potential for spill or slug discharges;
(k) Requirement to report a bypass or upset of a pretreatment facility;
(1) Requirement for notifying the City Manager where self- monitoring results indicate
noncompliance;
(m)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.
(3) Individual wastewater discharge permits may contain, but need not be limited to, the
following conditions:
(a) Payment of applicable fees;
(b) Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization;
(c) 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;
(d) 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;
(e) Requirements to limit, control, or reduce the concentrations of pollutant discharges
through the use of BMPs;
(f) The unit charge or schedule of User charges and fees for the management of the
wastewater discharged to the POTW;
(g) Requirements for installation and maintenance of pretreatment, inspection, or
monitoring and sampling facilities and equipment, including flow measurement devices;
(h) Compliance schedules;
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(i) 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;
Q) 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;
(k) Authorized points of discharge, regulated processes or waste streams;
(1) Requirement for a written report within five (5) days of notification of an effluent limit
violation;
(m)Requirement for the SIU to establish and maintain a Sampling and Analysis Plan;
(n) Requirement for adequate general liability and property damage insurance;
(o) Requirement to apply in writing for permission to discharge any hauled non-domestic
wastewater;
(p) 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;
(q) Requirement that a hauled waste discharge site have any spilled material removed or
cleaned up after discharge; or
(r) 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
(s) Other conditions as deemed appropriate by the City Manager to ensure compliance
with the Industrial Pretreatment Code, and State and Federal laws, rules, and
regulations.
(4) The City Manager may, at its discretion, issue a certification in lieu of a control mechanism
for NSCIUs and NDCIUs.
4.027 Permit Modification
The City Manager may modify an individual wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
(1) To incorporate any new or revised Federal, State, or local Pretreatment Standards or
Requirements;
(2) 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;
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(3) A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the City's POTW, City
personnel, or the receiving waters;
(5) Violation of any terms or conditions of the individual wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge
permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40
CFR 403.13;
(8) To correct typographical or other errors in the individual wastewater discharge permit; or
(9) To reflect a transfer of the facility ownership or operation to a new owner or operator where
requested in accordance with section 4.028.
4.028 Individual Wastewater Discharge Permit Transfer
(1) 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. 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.
(2) Failure to provide advance notice of a transfer renders the individual wastewater discharge
permit voidable as of the date of facility transfer.
4.029 Individual Wastewater Discharge Permit Revocation
(1) The City Manager may revoke an individual wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
(a) Failure to notify the City Manager of significant changes to the wastewater prior to the
changed discharge;
(b) Failure to provide prior notification to the City Manager of changed conditions pursuant
to section 4.043;
(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
{00025792:10) 28
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Exhibit A Page 32 of 65
(d) Falsifying self-monitoring reports and certification statements;
(e) Tampering with monitoring equipment;
(f) Refusing to allow the City Manager timely access to the facility premises and records;
(g) Failure to meet discharge limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges;
Q) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater discharge permit
application;
(1) Failure to provide advance notice of the transfer of business ownership of a permitted
facility;
(m)If the City Manager has to invoke its emergency provision as cited in section 4.071; or
(n) Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater
discharge permit or the Industrial Pretreatment Code.
(2) 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.
(3) 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.
(4) The filing of an appeal pursuant to sections 4.032 through 4.034 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 restrict other provisions of this code, laws
or regulations authorizing termination of service for delinquency in payment of fees or
charges.
4.030 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 section 4.022, 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 section 4.027.
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4.031 Continuation of Expired Permits
(1) 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 this section 4.031.
(2) 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
(b) The failure to take Final Action is not due to any act or failure to act on the part of the
permit holder.
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Ordinance No. 6457
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RECONSIDERATION AND APPEALS
4.032 Reconsideration by Industrial Pretreatment Program
4.033 Reconsideration by City Manager
4.034 Appeal to MWMC
4.035 Settlement of Administrative Penalty Assessment
4.032 Reconsideration by Industrial Pretreatment Program
Any person may request a modification to a decision by the City Manager related to the provisions
of the Industrial Pretreatment Code 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 section 4.033.
4.033 Reconsideration by City Manager
Any person aggrieved by the final determination of the Industrial Pretreatment Program 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 section 4.034.
4.034 Appeal to MWMC
(1) 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.
(2) 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.
4.035 Settlement of Administrative Penalty Assessment
Upon receipt of a Notice of Administrative penalty Assessment, a User may request a conference
with the City Manager. The City Manager may compromise or settle any unpaid administrative
{00025792:10} 31
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Exhibit A Page 35 of 65
penalty assessed under the Industrial Pretreatment Code. A request under this section shall not
act as a stay, or otherwise affect the filing or processing of an appeal under section 4.034.
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Exhibit A Page 36 of 65
GENERAL DISCHARGE AUTHORIZATION
4.036 Sector Control Programs
4.037 Discharge Authorization Letter Conditions
4.038 Discharge Authorization Letter Duration
4.036 Sector Control Programs
(1) 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 the Industrial Pretreatment Code.
(2) 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.
4.037 Discharge Authorization Letter Conditions
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 reports, BMP compliance reports, technical reports,
manifests, maintenance records, or plans;
(6) Requirements for maintaining and retaining records required by a Discharge Authorization
Letter.
4.038 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.
f 00025792:io} 33
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REPORTING REQUIREMENTS
4.039 Baseline Monitoring Reports
4.040 Compliance Schedule
4.041 Reports on Compliance with Categorical Pretreatment Standard Deadline
4.042 Periodic Compliance Reports
4.043 Reports of Changed Conditions
4.044 Reports of Potential Problems
4.045 Reports from Unpermitted Users
4.046 Notice of Violation/Repeat Sampling and Reporting
4.047 Notification of the Discharge of Hazardous Waste and Reporting Requirements
4.048 Analytical Requirements
4.049 Sample Collection
4.050 Date of Receipt of Reports
4.051 Recordkeeping
4.052 Certification Statements
4.053 Electronic Reporting
4.039 Baseline Monitoring Reports
(1) 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 CFR 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
report which contains the information listed in paragraph B, below. 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.
(2) Users described above shall submit the information set forth below.
(a) The name and address of the facility including the name of the operator and owners;
(b) A list of any environmental control permits held by or for the facility;
(c) 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;
(d) Information showing the measured average daily and maximum daily flow, in gallons
per day, to the POTW from each of the below streams. The City Manager may allow for
the verifiable estimates of these flows where it is justified by cost or feasibility
considerations.
(i) Regulated process streams; and
(ii) Other streams as necessary to allow use of the combined wastestream formula of
40 CFR 403.6(e). (See subsection 4.039(2)(e)(iv) below.)
{00025792:10) 34
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(e) Measurement of Pollutants.
(i) Pretreatment Standards applicable to each regulated process;
(ii) 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.
(iii) The User shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this paragraph.
(iv) Samples should be taken immediately downstream from pretreatment facilities if
such exist or immediately downstream from the regulated process 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 CFR 403.6(e) to
evaluate compliance with the Pretreatment Standards. Where an alternate
concentration or mass limit has been calculated in accordance with 40 CFR
403.6(e) this adjusted limit along with supporting data shall be submitted to the City
Manager;
(v) Sampling and analysis shall be performed in accordance with sections 4.048 and
4.049;
(vi)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;
(vii)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 the POTW.
(f) 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.
(g) 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 this section must meet the
requirements set out in section 4.040.
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(h) Signature and Report Certification. All baseline monitoring reports must be certified in
accordance with section 4.052(1) and signed by an Authorized Representative.
4.040 Compliance Schedule
Should any schedule of compliance be established in accordance with the requirements of the
Industrial Pretreatment Code, the following conditions shall apply to such schedule:
(1) 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 (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);
(2) No increment referred to above shall exceed nine (9) months;
(3) 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
(4) In no event shall more than nine (9) months elapse between such progress reports to the
City Manager.
4.041 Reports on Compliance with Categorical Pretreatment Standard Deadline
(1) 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 4.039(2)(d) and (e).
(2) For Users subject to equivalent mass or concentration limits established in accordance with
the procedures in section 4.007, 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.
(3) All compliance reports must be signed and certified in accordance with subsection
4.052(1).
(4) All sampling will be done in conformance with section 4.049.
4.042 Periodic Compliance Reports
(1) 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
{00025792:10) 36
Ordinance No. 6457
Exhibit A Page 40 of 65
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.
(a) 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.
(b) The City Manager may, in its discretion, require NSCIUs and NDCIUs to comply with
this section.
(2) Hauled Waste Reports
(a) 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.
(b) Any MWH may be required to provide a waste analysis of any loads for any pollutants
necessary to determine compliance with the Industrial Pretreatment Code.
(c) 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.
(3) 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.
(4) 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.
(5) If a User subject to the reporting requirements 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 4.049, the results of this monitoring
shall be included in the report.
4.043 Reports of Changed Conditions
(1) 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)
f 00025792:io} 37
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Exhibit A Page 41 of 65
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.
(2) 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 section 4.026.
(3) The City Manager may issue an individual wastewater discharge permit under section
4.029 or modify an existing discharge permit under section 4.027 in response to changed
conditions or anticipated changed conditions.
4.044 Reports of Potential Problems
(1) 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.
(2) 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 the Industrial Pretreatment Code.
(3) 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 paragraph A,
above. Employers shall ensure that all employees, who could cause such a discharge to
occur, are advised of the emergency notification procedure.
(4) SIUs are required to notify the City Manager immediately of any changes at its facility
affecting the potential for a Slug Discharge.
4.045 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.
4.046 Notice of Violation/Repeat Sampling and Reportinq
If sampling performed by a User indicates a violation:
(1) The User must notify the City Manager within twenty-four (24) hours of becoming aware of
the violation;
(2) The User must submit a certified report 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
{00025792:10} 38
Ordinance No. 6457
Exhibit A Page 42 of 65
do or has done to prevent the violation from happening again within five (5) days after
notification; and
(3) The User must repeat the sampling and analysis and submit the results of the repeat
analysis to the City Manager within thirty (30) days after becoming aware of the violation.
Provided, however, 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.
4.047 Notification of the Discharge of Hazardous Waste and Reporting Requirements
(1) 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 otherwise
disposed of, would be a hazardous waste under 40 CFR Part 261.
(a) Such notification must include the name of the hazardous waste as set forth in 40 CFR
Part 261, the EPA hazardous waste number, and the type of discharge (continuous,
batch, or other).
(b) 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:
(i) 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
(ii) An estimation of the mass of constituents in the wastestream expected to be
discharged during the following twelve (12) months.
(c) All notifications must take place no later than one hundred and eighty (180) days after
the discharge commences.
(d) Any notification under this subsection 4.047(1) need be submitted only once for each
hazardous waste discharged. However, notifications of changed conditions must be
submitted under section 4.043.
(e) The notification requirement in this section does not apply to pollutants already reported
by Users subject to categorical Pretreatment Standards in baseline monitoring, ninety
(90) day and periodic compliance reports.
(2) Users are exempt from the requirements of subsection 4.047(1), 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 CFR 261.30(d) and
261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in
a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR
261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during
{00025792:10} 39
Ordinance No. 6457
Exhibit A Page 43 of 65
which the User discharges more than such quantities of any hazardous waste do not
require additional notification.
(3) In the case of any new regulations under section 3001 of RCRA 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.
(4) In the case of any notification made under this section 4.047, 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.
(5) This section 4.047 does not create a right to discharge any substance not otherwise
permitted to be discharged by the Industrial Pretreatment Code, a permit issued
thereunder, or any applicable Federal or State law.
4.048 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 CFR 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 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.
4.049 Sample Collection
(1) 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.
(2) Except as indicated in subsections 4.049(3) and (4) 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.
{00025792:10} 40
Ordinance No. 6457
Exhibit A Page 44 of 65
(3) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques.
(4) Samples for pH may be obtained by using grab collection techniques or continuous
monitoring techniques.
(a) The method required is at the discretion of the City Manager.
(b) 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.
(5) For sampling required in support of baseline monitoring and 90-day compliance reports
required in sections 4.039 through 4.053, 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 by section 4.041, the User is required to collect the number of grab
samples necessary to assess and assure compliance by with applicable Pretreatment
Standards and Requirements.
4.050 Date of Receipt of Reports
Written reports will be deemed to have been submitted on the date postmarked or on the date of
receipt of the report by the City Manager.
4.051 Recordkeeping
(1) Users subject to the reporting requirements of the Industrial Pretreatment Code shall retain,
and make available for inspection and copying, all records of information obtained pursuant
to any monitoring activities required by the Industrial Pretreatment Code, any additional
records of information obtained pursuant to monitoring activities undertaken by the User
independent of such requirements, and documentation associated with BMPs.
(2) Records subject to this section 4.051 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.
(3) Record subject to this section 4.051 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.
4.052 Certification Statements
(1) 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 section 4.023; Users submitting baseline monitoring
reports under subsection 4.039(2); Users submitting reports on compliance with the
{00025792:10} 41
Ordinance No. 6457
Exhibit A Page 45 of 65
categorical Pretreatment Standard deadlines ; Users submitting 90-Day compliance reports
required by section 4.041, 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 subsection 4.005(3):
1 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 information, 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.
(2) 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 signatory
requirements in subsection 4.005(3). 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)
ear].(a) The facility described as [facility name]met the definition
of a Non-Significant Categorical Industrial User as described in subsection
4.005(44);
(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.
(3) 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. I further certify that all discharges covered by this manifest are not hazardous
{00025792:10) 42
Ordinance No. 6457
Exhibit A Page 46 of 65
as defined at 40 CFR Part 261. I further certify that all discharges made to the PO TW
are being made in accordance and in compliance with the requirements specified in
Springfield Municipal Code sections 4.001 through 4.085 and the Mobile Waste Hauler
Permit.
4.053 Electronic Reporting
Users that submit electronic documents to the City to satisfy the requirements of this Section must
ensure all documents comply with the CROMERR requirements, as set out in sections 4.059
through 4.063.
100025792:101 43
Ordinance No. 6457
Exhibit A Page 47 of 65
COMPLIANCE MONITORING
4.054 Right of Entry: Inspection and Sampling
4.055 Monitoring Facilities
4.056 Search Warrants
4.054 Right of Entry: Inspection and Sampling
(1) 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 the Industrial
Pretreatment Code 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.
(2) 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 the Industrial Pretreatment Code.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) Unreasonable delays in allowing the City, State and EPA access to the User's premises
shall be a violation of the Industrial Pretreatment Code.
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Ordinance No. 6457
Exhibit A Page 48 of 65
4.055 Monitoring Facilities
(1) 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.
(2) 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.
(3) 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.
(4) The sampling location(s) and monitoring equipment required in this section shall be
maintained in proper working order and kept safe and accessible at all times.
4.056 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 the
Industrial Pretreatment Code, 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 the Industrial
Pretreatment Code 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 or from the Springfield Municipal Court as provided
in sections 5.630 through 5.638.
f 00025792:io} 45
Ordinance No. 6457
Exhibit A Page 49 of 65
CONFIDENTIAL INFORMATION
4.057 Confidential Information
4.057 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 the
Industrial Pretreatment Code 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.
{00025792:10} 46
Ordinance No. 6457
Exhibit A Page 50 of 65
PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
4.058 Publication of Users in Significant Noncompliance
4.058 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.
foo025792:101 1
Ordinance No. 6457
Exhibit A Page 51 of 65
Ordinance No. 6457
Exhibit A Page 52 of 65
CROSS MEDIA ELECTRONIC REPORTING (CROMERR)
4.059 Purpose
4.060 Definitions to Establish the Framework for Electronic Reporting
4.061 Reporting Requirements for Electronic Submissions
4.062 Reporting Requirements
4.063 ILI Reporting and Notification Requirements
4.059 Purpose.
These sections 4.059 through 4.063 serve as the framework establishing electronic reporting in
compliance with 40 CFR Part 403 and 40 CFR part 3.
4.060 Definitions to establish the framework for electronic reporting-
For
eportingFor the purposes of sections 4.059 through 4.063, the following definitions apply:
(1) 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
format that clearly and accurately associates all the information provided in the electronic
document with descriptions or labeling of the information. A copy of record includes:
(a) All electronic signatures contained in or logically associated with that document;
(b) The date and time of receipt; and
(c) Any other information used to record the meaning of the document or the
circumstances of its receipt.
(2) 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.
(3) Electronic Document Receiving System. Any set of apparatus, procedures, software,
records, or documentation used to receive electronic documents.
(4) 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.
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Ordinance No. 6457
Exhibit A Page 53 of 65
(5) 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.
(6) 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.
(7) 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
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.
(8) 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.
4.061 Reporting Requirements for Electronic Submissions
Beginning on the effective date of the Industrial Pretreatment Code, and if authorized by the City,
reports and notifications required by SIUs under the Industrial Pretreatment Code 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.
4.062 Reporting Requirements
(1) 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.
(2) 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.
(3) 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.
{00025792:10} 2
Ordinance No. 6457
Exhibit A Page 54 of 65
(4) Nothing in this part limits the use of electronic documents or information derived from
electronic documents as evidence in enforcement or other proceedings.
4.063 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 this section.
foo025792:101 3
Ordinance No. 6457
Exhibit A Page 55 of 65
ADMINISTRATIVE COMPLIANCE REMEDIES
4.064 Warning Letter
4.065 Notification of Violation
4.066 Administrative Compliance Orders
4.067 Stipulated Enforcement Orders
4.068 Service
4.069 Cease and Desist Orders
4.070 Administrative Penalties and Fines
4.071 Emergency Suspensions
4.072 Termination of Discharge
4.064 Warning Letter
(1) When the City Manager finds a User has violated any provision of the Industrial
Pretreatment Code, 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.
(2) The Warning Letter shall specify the violations(s) and consequences of continued
noncompliance.
(3) For violations of a Discharge Authorization Letter, the Warning Letter may contain
corrective action(s) and a schedule for completing the corrective action(s).
4.065 Notification of Violation
(1) When the City Manager finds that a User has violated, or continues to violate, any provision
of the Industrial Pretreatment Code, 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.
(2) 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). Submission of
such a plan in no way relieves the User of liability for any violations occurring before or
after receipt of the Notice of Violation.
(3) A Notice of Violation may include a Notice of Administrative Penalty Assessment.
(4) Nothing in this section 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.
4.066 Administrative Compliance Orders
(1) When the City Manager finds that a User has violated, or continues to violate, any provision
of the Industrial Pretreatment Code, an individual wastewater discharge permit, General
Discharge Authorization, Discharge Authorization Letter, or order issued hereunder, or any
{00025792:10) 4
Ordinance No. 6457
Exhibit A Page 56 of 65
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.
(2) The Administrative Compliance Order shall specify the violation(s) and require compliance
measures.
(a) 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.
(b) 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.
(c) 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.
(3) An Administrative Compliance Order may include a Notice of Administrative Penalty
Assessment.
(4) Issuance of an Administrative Compliance Order order shall not be a bar against, or a
prerequisite for, taking any other action against the User.
4.067 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.
4.068 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 an address
within this stare, and seven (7) days after the date mailed if to an address outside of this state.
4.069 Cease and Desist Orders
When the City Manager finds that a User has violated, or continues to violate, any provision of the
Industrial Pretreatment Code, 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:
(1) Immediately comply with all requirements; and
foo025792:101 5
Ordinance No. 6457
Exhibit A Page 57 of 65
(2) 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.
4.070 Administrative Penalties or Fines
(1) When the City Manager finds that a User has violated, or continues to violate, any provision
of the Industrial Pretreatment Code, 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.
(2) 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 the
Industrial Pretreatment Code for any violation. The amount of the administrative penalty
shall be determined through the use of the Enforcement Response Plan.
(3) 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.
(4) If the User objects to the assessment of any penalty provided by this section, the User shall
have all the rights and shall proceed in compliance with the provisions of sections 4.032
through 4.035.
(5) Any person who violates the Industrial Pretreatment Code 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 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.
(6) 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.
(7) 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
the Industrial Pretreatment Code.
(8) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking
any other action against the User.
{00025792:10} 6
Ordinance No. 6457
Exhibit A Page 58 of 65
4.071 Emergency Suspensions
(1) 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.
(2) 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 in section 4.072 are initiated against the User.
(3) A User that is responsible, in whole or in part, 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 sections 4.032 through
4.035.
(4) The filing of an appeal pursuant to sections 4.032 through 4.035 shall not stay an
emergency suspension by the City Manager.
4.072 Termination of Discharge
(1) In addition to the provisions in section 4.029, any User who violates the following conditions
is subject to discharge termination:
(a) Violation of individual wastewater discharge permit conditions;
(b) Failure to accurately report the wastewater constituents and characteristics of its
discharge;
(c) Failure to report significant changes in operations or wastewater volume, constituents,
and characteristics prior to discharge;
(d) Refusal of reasonable access to the User's premises for the purpose of inspection,
monitoring, or sampling; or
(e) Violation of the Pretreatment Standards in sections 4.006 through 4.014.
(2) Such User will be notified of the proposed termination of its discharge and be offered an
opportunity to appeal as set out in sections 4.032 through 4.035. 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.
foo025792:101 7
Ordinance No. 6457
Exhibit A Page 59 of 65
JUDICIAL ENFORCEMENT REMEDIES
4.073 General
4.074 Injunctive Relief
4.075 Civil Penalties
4.076 Criminal Prosecution
4.077 Remedies Nonexclusive
4.073 General
Nothing in the Industrial Pretreatment Code shall prevent the City Manager from seeking judicial or
governmental agency assistance to implement the purposes and provisions of the Industrial
Pretreatment Code.
4.074 Injunctive Relief
When the City Manager finds that a User has violated, or continues to violate, any provision of the
Industrial Pretreatment Code, 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 the Industrial
Pretreatment Code 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.
4.075 Civil Penalties
(1) A User who has violated, or continues to violate, any provision of the Industrial
Pretreatment Code, 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 $1,000per violation but not
to exceed $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.
(2) 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.
(3) 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.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any
other action against a User.
{00025792:10} 8
Ordinance No. 6457
Exhibit A Page 60 of 65
4.076 Criminal Prosecution
(1) A User who willfully or negligently violates any provision of the Industrial Pretreatment
Code, 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.
(2) 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.
(3) 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 the Industrial Pretreatment Code individual wastewater discharge permit, or
order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under the Industrial Pretreatment Code 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.
(4) 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.
4.077 Remedies Nonexclusive
The remedies provided for in this code are not exclusive. The City Manager may take any, all, or
any combination of these actions against a noncompliant User. Enforcement of pretreatment
violations will generally be in accordance with the City's 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.
foo025792:101 9
Ordinance No. 6457
Exhibit A Page 61 of 65
SUPPLEMENTAL ENFORCEMENT ACTION
4.078 Payment of Outstanding Fees and Penalties
4.079 Water Supply Severance
4.080 Public Nuisances
4.078 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 the Industrial Pretreatment Code, a previous individual wastewater discharge permit,
or order issued hereunder.
4.079 Water Supply Severance
Whenever a User has violated or continues to violate any provision of the Industrial Pretreatment
Code, 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.
4.080 Public Nuisances
A violation of any provision of the Industrial Pretreatment Code, 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 sections 5.000 through
5.018 of this Code governing public nuisances and abatement, including reimbursing the City for
any costs incurred in removing, abating, or remedying said nuisance.
{00025792:10} 10
Ordinance No. 6457
Exhibit A Page 62 of 65
AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
4.081 Upset
4.082 Prohibited Discharge Standards
4.083 Bypass
4.081 Upset
(1) 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.
(2) An upset shall constitute an affirmative defense to an action brought for noncompliance
with categorical Pretreatment Standards if the requirements of paragraph (C), below, are
met.
(3) A User who wishes to establish the affirmative defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
(a) An upset occurred and the User can identify the cause(s) of the upset;
(b) 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
(c) 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:
(i) A description of the indirect discharge and cause of noncompliance;
(ii) The period of noncompliance, including exact dates and times or, if not corrected,
the anticipated time the noncompliance is expected to continue; and
(iii) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of
the noncompliance.
(4) In any enforcement proceeding, the User seeking to establish the occurrence of an upset
shall have the burden of proof.
(5) Users shall have the opportunity for a judicial determination on any claim of upset only in
an enforcement action brought for noncompliance with categorical Pretreatment Standards.
(6) 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.
f 00025792:io} 11
Ordinance No. 6457
Exhibit A Page 63 of 65
4.082 Prohibited Discharge Standards
A User shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the general prohibitions in subsection 4.006(1) or the specific prohibitions in
subsections 4.006(2)(a)(iii)-(vii) 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:
(1) 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
(2) 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.
4.083 Bypass
(1) For the purposes of this section,
(a) Bypass means the intentional diversion of wastestreams from any portion of a User's
treatment facility.
(b) 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.
(2) 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 provision of subsections
4.083(3) and (4) below.
(3) Bypass Notifications
(a) 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.
(b) 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.
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Ordinance No. 6457
Exhibit A Page 64 of 65
(4) Bypass
(a) Bypass is prohibited, and the City Manager may take an enforcement action against a
User for a bypass, unless:
(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
(ii) 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 occurred during normal periods of equipment
downtime or preventive maintenance; and
(iii) The User submitted notices as required under subsection 4.083(3) above.
(b) 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 4.083(4)(a) above.
f 00025792:io} 13
Ordinance No. 6457
Exhibit A Page 65 of 65
FEES
4.084 Purpose
4.085 Pretreatment Charges and Fees
4.084 Purpose
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 IUs subject to the
Industrial Pretreatment Code. 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.
4.085 Pretreatment Charges and Fees
(1) 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:
(a) Reimbursement of costs of setting up and operating the POTW pretreatment program,
and including the cost of plant investment, supplies, equipment, and personnel; and
(b) Monitoring, inspection, and surveillance procedures including the cost of reviewing
monitoring reports submitted by the industrial users.
(2) 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:
(a) Reviewing accidental discharge procedures and construction;
(b) Permit application, to include the cost for processing permit applications;
(c) For filing appeals; or
(d) For sewer maintenance as a result of inadequate pretreatment equipment or improper
maintenance of pretreatment equipment.
(3) Other fees as the City may deem necessary to carry out the requirements contained herein.
These fees relate solely to the matters covered by the Industrial Pretreatment Code and
are separate from all other fees, fines, and penalties chargeable to the POTW.
(4) The City Manager may establish or modify fees under this section by Resolution.
{00025792:10} 14
Ordinance No. 6457
Exhibit B Page 1 of 2
EXHIBIT B
5.604 Application and Amendment.
(1) The civil infraction procedure prescribed by sections 5.600 to 5.626 applies to and
amends the following laws of the city:
(a) Springfield Municipal Code:
Streets, sections 3.200 to 3.226;
Sanitary Sewers, sections 3.350 to 3.382;
Public Nuisance, section 1.969 4.080;
Illicit Discharge, sections 4.370 to 4.372;
Garbage and Refuse, sections 4.410 and 4.416;
Deposit on Property, section 4.426;
Deposit of Refuse Upon Property of Another or Upon Public Property,
section 4.428;
Public Health and Sanitation, section 4.450;
Miscellaneous Particular Nuisances, sections 5.002, 5.050, 5.052 and
5.062;
Control of Dogs and Other Animals, section 5.424(3);
Miscellaneous Offenses Concerning Public Safety, sections 5.120, 5.122,
5.124, 5.132 and 5.134;
Miscellaneous Offenses Concerning the General Welfare, sections 5.272,
5.274 and 5.276;
Chapter 7, Business;
Chapter 8, Signs, sections 8.200 to 8.266; Grading, sections 8.300 to
8.338;
(b) Springfield Development Code 1986 as subsequently amended;
(c) Standards for Hazardous Materials Within Time of Travel Zones, section 17.070;
(d) Springfield Building Safety Codes, Administration Code;
(e) The Fire Code as adopted by the City of Springfield.
(2) Violation by any person of any of the above code sections or any provision thereof
constitutes a civil infraction.
{00027036:1}
Ordinance No. 6457
Exhibit B Page 2 of 2
EXHIBIT B
4.222 Sewer Charges—Special Fund.
(1) The city shall maintain the funds collected and received from the Springfield Utility
Board in accordance with the preceding section in a separate fund, or program, which shall be
disbursed only for the purposes set forth in this section.
(2) The city, upon receipt of sewer fees and the placing of the same in a separate fund or
program as provided in sections 4.200 to 4.224, shall keep such accounts as will at all times,
show all receipts and disbursements from the account and the purposes to which the
disbursements have been applied.
(3) The separate fund or program to be so maintained shall be used for any or all of the
following purposes:
(a) Payment of obligations and charges incurred for and in operation and
maintenance of the sewerage system and sewage disposal system of the city and for
regional sewerage service. Provided, that from revenues derived from any increases in
sewer user charge rates imposed after November 3, 1980, payment may be made for
system extensions. Nothing herein shall prevent the accumulation of funds for operation,
maintenance, or extensions if appropriate, in order to fund such activities which may
require greater resources than may be accumulated from revenues in said fund for such
purposes, in any one year.
e+eeteFs of the e+ty at the e+eetien held eig FebFHaFy 7, 1961.
(c) It is declared to be the purpose and intent of this section that the sewer
charges called for in sections 4.200 to 4.224 1.992 te1.994 shall be used and disbursed
periodically as necessary for the purposes set forth herein and no other.
{00027036:1}
Ordinance No. 6457