HomeMy WebLinkAboutOrdinance 5702 06/21/1993
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ORDINANCE NO. 5702
(General)
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AN ORDINANCE CONCERNING THE CITY SEWERAGE SYSTEM; AMENDING SECTIONS 4-7-1,
4-7-2, 4-7-36, 4-7-37, 4-7-41, 4-7-45, REPEALING SECTIONS 4-7-3(13) AND 4-7-5 OF THE
SPRINGFIELD CODE, 1965, AND DECLARING AN EMERGENCY.
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1. Section 4-7-1 of the Springfield Code, 1965 is amended to read as follows:
Declaration of policy. The provisions of this article set forth
requirements for the industrial discharge of pollutants into the
City Sewerage System. The objectives of these sections are:
(1) To prevent the discharge of pollutants into the City Sewerage System
which will interfere with the operation of the system or contaminate the resulting
sludge;
4-7-1
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(2) To prevent the discharge of pollutants into the City Sewerage System
which will pass through the system, inadequately treated, into receiving waters.
(3) To improve the opportunity to recycle and reclaim wastewater and
sludge from the City Sewerage System.
(4) To protect the health of the City's employees working in and around
the City Sewerage System.
In achieving the objectives of these sections 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.
Pollutants shall be accepted into the City Sewerage System subject to
conditions, 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. Pretreatment standards shall be developed to ensure that, at a minimum,
the City and industrial users comply with sections 307(b) and'307(c) of the Federal
Water Pollution Control Act as amended by the Clean Water Act of 1977 and the
regulations promulgated pursuant to these sections of the Act, including but not
limited to 40 CFR Part 403 (General Pretreatment Regulations) and 40 CFR Chapter I
Subchapter N (National Categorical Pretreatment Standards).
The City, in carrying out the provisions of this code regarding industrial
discharge of pollutants by industrial users into the City Sewerage System necessary
for the proper disposal of sewage and drainage from the City and adjacent territory,
is further authorized to adopt rules governing effluent limitations for pollutants,
other minimum requirements for the discharge of wastewater, minimum requirements for
the operation and maintenance of pretreatment systems, enforcement actions and all
other matters pertaining to the discharge of pollutants into the City Sewerage System
including, but not limited to, the administration and implementation of this article.
Discharge permit conditions shall be predicated on federal, state and local
regulations and requirements and on the results of analyses of the type,
concentration, quality and frequency of discharge including the geographical
relationship of the point of discharge to sewerage and treatment facilities.
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.
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.
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The City Manager shall administer, implement, and enforce the provisions of
this article to ensure that the City's pretreatment program complies with the
objectives of this article, the applicable state and federal laws and regulations and
the City's policy to cooperate with state and federal government. Cross references in
this code to other statutes and regulations are to the versions thereof in effect on
the effective date of this code.
Section 2 Sections 4-7-2(8) and 4-7-2(30) of the Springfield Code, 1965 are amended to
read as follows:
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4-7-2 Definitions. Unless the context specifically indicates otherwise, the
following terms and phrases, as used in this
article, shall have the following meanings:
(1) Act. The Federal Water Pollution Control Act, also known as the Clean
Water Act, 33 U.S.C. 1251, et seq.
(2) Authorized ReDresentative of Industrial User. An authorized
representative of a industrial user shall be:
(a) A president, vice president, secretary or treasurer in charge of
a principal business function, or any other person who performs similar policy or
decision-making functions for the corporation, if the industrial user is a
corporation;
(b) A general partner or Proprietor if the industrial user is a
partnership or proprietorship, respectively; or
(c) A duly authorized representative of the individual designated in
(a) or (b) provided the authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from which the
discharge originates or a position of equivalent responsibility or having overall
responsibility for environmental matters for the company, is made in writing by an
individual designated in (a) or (b) and such authorization is provided to the City
prior to or together with any reports signed by an authorized representative as
provided in 40 CFR 403.12(1) or required by the City Manager.
(3) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory procedure in
five days at 200 Celsius expressed in milligrams per liter. This procedure is set
forth in "Standard Methods for the Examination of Water and Wastewater."
(4) CFR. The referenced Code of Federal Regulations provision.
(5) City. The City of Springfield.
(6) City ManaQer. The City Manager of the City as defined by the City's
Charter, or the City Manager's designee.
(7) City Seweraae System. A treatment works as defined by 33 USCA S1292
(2) (A). This definition includes any publicly-owned sewers that convey wastewater to
the treatment plant, whether or not a part of the regional sewerage facilities as
defined in the Intergovernmental Agreement executed by the cities of Eugene and
Springfield and Lane County on July 1, 1991 (Intergovernmental agreement).
(8) Constituent. Any pollutant regulated by sections 4-7-3 through 4-7-4
of this code or by any permit issued pursuant to section 4-7-11 of this code or any
volume discharge limits established by a permit issued pursuant to section 4-7-27 of
this code.
(9) Coolina Water. The water discharged from any use to which the only
pollutant added is heat.
(10) DEO. The Oregon Department of Environmental Quality.
(11) Discharge. The deposit of wastewater or pollutants into the City
Sewerage System, whether deliberate or as an unintended result of any action or
fa i 1 ure to act.
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ORDINANCE NO. 5702 Page 3 of 8
(12) Discharqe Permit. A wastewater discharge permit or a mobile waste
hauler permit.
(13) Domestic Waste. Waste derived from ordinary living processes, free
from process wastewater and which will permit satisfactory disposal, without special
treatment, into the City Sewerage System.
(14) EPA. The United States Environmental Protection Agency.
(15) Immediate or Immediately. Immediate or immediately means as soon as
reasonably possible but in no event longer than 24 hours.
(16) Industrial user. Any person, including a mobile waste hauler, who
discharges wastewater from a source other than a single or multiple dwelling unit
directly connected to the City Sewerage System.
(17) Interference. A discharge which, alone or in conjunction with a
discharge or discharges from other sources, either:
(a) Inhibits or disrupts the City, its treatment processes or
operations, or its sludge processes, use or disposal; or
(b) Is a cause of a violation of any requirement of the City's NPDES
permit (including an increase in the magnitude or duration of a violation) or of the
prevention of sewage sludge use or disposal in compliance with the following statutory
provisions and regulations or permits issued thereunder (or more stringent state or
local regulations); Section 405 of the Clean Water Act, the Solid Waste Disposal Act
(SWDA) (including Title II, more commonly known as the Resource Conservation and
Recovery Act (RCRA), and including state regulations contained in any state sludge
management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the
Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act
or regulations promulgated by the City Manager.
(18) Mobile Waste Hauler. Any person who, by contract or otherwise,
collects wastewater, including domestic waste and septage waste, for transportation to
and discharge into any portion of the City Sewerage System.
(19) Mobile Waste Hauler Permit. A permit issued pursuant to section 4-7-
22 of this code.
(20) NPDES Permit. National Pollution Discharge Elimination System Permit
issued pursuant to ORS 468.740 and the Act.
(21) New Siqnificant Industrial User. Any person discharging from any
building, structure, facility or installation (source), the construction of which
commenced after the publication of proposed Pretreatment Standards under section 307
(c) of the Act which will be applicable to such source if such standards are
thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility or installation is constructed
at a site at which no other source is located; or
(b) The building, structure, facility or installation totally
replaces the process or production equipment that causes the discharge of pollutants
at an existing source; or
(c) The production or wastewater generating processes of the
building, structure, facility or installation are substantially independent of an
existing source at the same site. In determining whether these are substantially
independent, factors such as the extent to which the new facility is integrated with
the existing plant, and the extent to which the new facility is engaged in the same
general type of activity as the existing source should be considered.
Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a new
building, structure, facility or installation, meeting the criteria of the preceding
paragraphs (b) or (c) but otherwise alters, replaces, or adds to existing process or
production equipment.
(22) New Source Construction. Construction of a new source has commenced
if the owner or operator has:
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ORDINANCE NO. 5702 Page 4 of 8
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(a) Begun, or caused to begin as part of a continuous onsite
construction program:
(i) Any placement, assembly, or installation of facilities or
equipment; or
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(ii) Significant site preparation work including clearing,
excavation, or removal of existing buildings, structures, or facilities which is
necessary for the placement, assembly, or installation of new source facilities or
equipment; or
(b) Entered into a binding contractual obligation for the purchase of
facilities or equipment which are intended to be used in its operation within a
reasonable time. Options to purchase or contracts which can be terminated or modified
without substantial loss, and contracts for feasibility, engineering, and design
studies do not constitute a contractual obligation under this paragraph.
(23) Pass ThrouQh. A discharge which exits the City Sewerage System into
waters of the United States in quantities or concentrations which, alone or in
conjunction with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the City Sewerage System NPDES permit (including an
increase in the magnitude or duration of a violation).
(24) Person. Any individual, partnership, joint-venture, firm, company,
cooperative, corporation, association, joint stock company, trust, estate,
governmental entity, or any other legal entity. The masculine gender shall include
the feminine and the singular shall include the plural.
(25) RH. The logarithm (base 10) of the reciprocal of the hydrogen ion
activity expressed in moles per liter of solution.
(26) Pollutant. Any element or compound discharged into the City Sewerage
System except water unless the water has been heated, cooled, or irradiated.
(27) Pollution. The alteration of the chemical, physical, biological or
radiological state of water.
(28) Pretreatment.
wastewater prior to discharge.
(29) Process Wastewater. Water which, during manufacturing or processing,
comes into contact with or results from the production of or use of any raw material,
intermediate product, finished product, byproduct or waste product.
(30) Restricted Substance. Pollutants prescribed by the City Manager
pursuant to Section 4-7-4.
(31) Samole. Any portion of wastewater representing a discharge, which may
be a grab sample, or a composite of several samples representing the sewer discharge
over a period of time.
(32) SeDtaQe Waste.
The reduction or elimination of pollutants in
system.
Domestic waste extracted from a sewage containment
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(33) Shall is mandatory. May is permissive.
(34) SIC Number. A classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
(35) SiQnificant Industrial User. Any industrial user which:
(a) is subject to Categorical Pretreatment Standards under 40 CFR
403.6 and 40 CFR Chapter I, Subchapter N or rules promulgated by the City Manager, or
(b) has a significant amount of toxic pollutants in its wastewater,
as determined by the City Manager, or
(c) discharges an average of at least 25,000 gallons per day of
wastewater (excluding domestic waste) in any period of 12 consecutive calendar months,
or
(d) discharges water, including wastewater, which on any day in any
period of 12 consecutive calendar months constitutes at least five percent of the
average daily dry weather hydraulic or organic capacity of the City Sewerage System,
ORDINANCE NO. 5702 Page 5 of 8
III or
(e) is determined by the City Manager to have a reasonable potential
for adversely affecting the City Sewerage System's operation or for violating any
pretreatment standards.
(36) Sluoload. Any discharge of a non-routine episodic nature, including,
but not limited to, an accidental spill or a non-customary batch discharge.
(37) Standards. The limitations and requirements established by federal,
state and local laws and regulations for discharges to the City Sewerage System.
(38) State. The State of Oregon.
(39) Susoended Solids. The total elements and compounds which float on the
surface of, or are suspended in wastewater, and which are removable by laboratory
filtration as determined by procedures specified in "Standard Methods for Examination
of Water and Wastewater."
(40) Toxic Pollutant. Any pollutant or combination of pollutants
identified pursuant to Section 307 (a) and Section 502 of the Act or otherwise listed
as toxic in regulations previously promulgated by the EPA, or as identified by the
City Manager.
(41) Wastewater. Liquid or water-carried pollutants including any ground
water, surface water, and storm water that may be present, whether treated or
untreated, which is discharged, flows, or infiltrates into the City Sewerage System.
(42) Wastewater Discharoe Permit. A permit issued pursuant to Sections 4-
7-11 and 4-7-12 of this Code.
Section 3 Section 4-7-3(13) of the Springfield Code, 1965 is hereby amended to read
as follows:
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4-7-3 General Discharqe Prohibitions. No industrial user shall discharge any
pollutant in a quantity which will harm the health
of the City's employees working in and around the City Sewerage System, interfere with
the operation or performance of the City Sewerage System, or contaminate the resulting
sludge, or will pass through the system inadequately treated, into receiving waters,
including but not limited to any of the following substances:
(1) 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 cause fire or explosion or be injurious in any other way to the City
Sewerage System 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 up flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius
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 City Sewerage System) be more than five
percent (5%) nor shall any single reading be over ten percent (10%) of the lower
explosive limit of the meter.
(2) Pollutants which result in the presence of toxic gases, vapors, or
fumes within the City Sewerage System in a quantity that may cause acute worker health
and safety problems.
(3) Any trucked or hauled pollutants, except at discharge points
designated by the City Manager.
(4) Solid or viscous substances which either alone or in combination with
other pollutants may cause obstruction to the flow in a sewer or other interference
with the operation of the City Sewerage System such as, but not limited to, grease,
garbage with particles greater than one-half inch 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,
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shavings, grass clippings, rags, spent grains or hops, waste paper, wood, plastics,
gas, tar, asphalt residues, residues from refining, or processing of fuel or
lubricating oil, mud or glass grinding or polishing wastes.
(5) Any wastewater having a pH less than 5.5 or greater than 12.0 or
having any other corrosive property capable of causing damage or hazard to structures,
equipment, and/or personnel of the City Sewerage System.
(6) Any wastewater containing pollutants which either alone or in
combination with other pollutants, may injure or interfere with any wastewater
treatment process, constitutes a hazard to humans or animals, creates a toxic effect
in the receiving waters of the City Sewerage System, or exceeds any standard set forth
in a National Categorical Pretreatment Standard or any other pretreatment standard.
(7) Any noxious or malodorous liquid, gas or solid which, either alone or
in combination with other pollutants, is sufficient to create a public nuisance or
hazard to life or is sufficient to prevent entry into the City Sewerage System for
maintenance or repair.
(8) Any pollutant which may cause the City Sewerage System's effluent or
any other product of the City Sewerage System such as residues, sludges, or scums, to
be unsuitable for reclamation and reuse or to interfere with the reclamation process.
(9) Any pollutant which will cause the City to violate its NPDES Permit.
(10) Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(11) Any wastewater having a temperature which will inhibit biological
activity in the treatment plant or stimulate excessive biological activity in the City
Sewerage System, but in no case wastewater with a temperature at the point of
discharge into the City Sewerage System which exceeds 650C (1500F) or with a
temperature which exceeds 400C (1040F) at the regional treatment plant influent.
(12) Any wastewater containing any radioactive wastes or isotopes of such
half life or concentration as may exceed limits established by the City Manager or
applicable state or federal standards.
(13) Any unpolluted water including, but not limited to, noncontact cooling
water, storm water, ground water, roof runoff, or subsurface drainage.
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Section 4. Section 4-7-5 of the Springfield Code, 1965 is hereby amended to read as
foll ows:
4-7-5 (reserved for future expansion)
Section 5. Section 4-7-36 of the Springfield Code, 1965 is amended to read as
foll ows:
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4-7-36 Enforcement - Administrative Penalties - General. In addition to any
penalty or fine which may otherwise be charged or other
enforcement action which may otherwise be taken against any industrial user found to
be in violation of any provision of this article, the City Manager may:
(1) Issue a written notice of noncompliance
(2) Issue a written notice of violation
(3) Impose an administrative civil penalty under section 4-7-37 of this
code; and
(4) Issue a written compliance order. The person to whom the compliance
order is issued shall comply with the order. Any violation of the compliance order
shall be subject to the same enforcement actions as any other violation of this code.
The notices or orders authorized hereunder shall advise the industrial user
of the right to appeal the penalty or order in accordance with the provision of 4-7-45
and 4-7-46.
ORDINANCE NO. 5702 Page 7 of 8
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Section 6.
follows:
4-7-37 Enforcement - Administrative Penalties - Basis of Penalty. A noncompliance
penalty may be levied by the City Manager when either a constituent
limitation has been exceeded or a compliance requirement has not been met. The City
Manager may impose a penalty on any such industrial user for each day the industrial
user has allowed a discharge in violation of this code, rules adopted hereunder,
notice of violation, or administrative compliance order, or in excess of permit
limitations or otherwise has failed to observe the requirements of its discharge
permit. The City Manager may adopt a schedule of graduated penalties based on the
nature, length and frequency of noncompliance.
Section 4-7-37 of the Springfield Code, 1965 is amended to read as
Section 7. Section 4-7-41 of the Springfield Code, 1965 is amended to read as
follows:
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4-7-41 Enforcement - Administrative Penalties - Aooeal. If the industrial user
objects to any civil penalty or compliance order issued pursuant to 4-7-36
of this code, the industrial user may appeal therefrom in accordance with
the provisions of section 4-7-45 and 46 of this code.
Section 8. Section 4-7-45 of the Springfield Code is amended to read as follows:
4-7-45 Aooeals - Reconsideration by City Manager. Any person aggrieved by any
decision or action of the City Manager except
a notice of noncompliance issued pursuant to 4-7-36(1) may file a written request with
the City Manager for reconsideration thereof within 10 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
Metropolitan Wastewater Management Commission (MWMC) pursuant to Section 4-7-46.
Section 9. Notwithstanding Section 3 of this Ordinance repealing subsection 13 of
section 4-7-3 of the Springfield Code, 1965 and Section 4 of this Ordinance repealing
Section 4-7-5 of that Code, the specific restricted substance limitations set forth
therein shall remain in effect until the effective date of an administrative order of
the City Manager establishing specific restricted substance limitations.
Section 10. It is hereby found and determined that the amendment of the Springfield
Code, 1965 concerning the city sewerage system is a matter affecting the public
health, safety, and welfare, and that an emergency therefore exists, and that this
ordinance shall therefore take effect immediately upon this passage by the Council and
approval by the Mayor.
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Adopted by the Common Council of the City of Springfield by a vote
of 4 for and 0 against this 21st day of June , 1993.
Approved by the Mayor of the City of Springfield this
of June , 1993.
?l,t day
ATTEST:
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