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HomeMy WebLinkAbout1993-02-22 93-157 ORDINANCECOUNCIL ACTION Item No. 93-157 Date November 22, 1993 Item/Subject: Amending Chapter v, Article 9 of the Laws and Ordinances of the City of Bangor -- Use of Public Sewers 6 Drains Responsible Department: Legal Bangor has received a response from the EPA and its reviewing scientific regulatory consultant regarding the proposed revisions to Bangor's Sewer Use Ordinance. The EPA was generally very supportive of the initial version of C.O. 93-157. The current version, which is in order for second reading and passage, should be passed as C.O. 93-157 as amended by substitution. Al Jellison, Pretreatment Coordinator, and Bruce N. Shibles, Asst. City Solicitor, have reviewed the EPA comments and made appropriate changes to the original C.O. 93-157 where indicated. A separate memorandum will be sent to the Council detailing these changes. Passage of this Ordinance will ensure Bangor's continued compliance with applicable State and Federal law and regulations regarding the operation of the POTw. Department Head f/iSaDm'�3n,�n�zn tri -_ A§sociated information: 2/5/93, 2/12/93, 3/10/93 5 3/22/93 Memo- randa to Council; 10/20/93 EPA Response to C.O. i93-157 Budget Approval: Finance Director Legal Approval: i5 rr!N��S �C. �xyf �aMfna�J' v>F ity o r Introduced For UNFINISHED BUSINESS E Passage First Beading Referral Page 1 of 80 93-15] (amended by Substitution) Awipmd to Councilor Cohen November 22, 1993 CITY OF BANGOR Amending Chapter V, Article 9 of the Laws and (TITLE) MrbinMtrf, Ordinances of the City of Bangor -- Use of Public Sewers and Brains Be a or"nad by dw Cay CounmU of he CRY dBonyor, as Y4Uava: THAT Chapter V, Article 9 of the Laws and ordinances of the City of Bangor be and is hereby repealed and replaced with the following: ARTICLE 9 - USE OF PUBLIC SEWERS AND DRAINS SBC. 1 General Provisions 1.1 Permutes and Policy. This Ordinance sets forth uniform requirements for users of the POTW for the City of Bangor and enables Bangor to comply with all current State and Federal laws, and future amendments, including the Clean water Act (33 USC S 1251 et SOO.) and the General Pretreatment Regulations (40 CFA Part 403). The objectives of this Ordinance are: A. To prevent introduction of pollutants into the POTW that will interfere with the operation of the POTW; N. To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW; C. To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations; -2- D. To protect POW personnel who may be affected by the wastewater and sludge in the course of their employment And to protect the general public; E. To improve the opportunity to recycle and reclaim wastewater and sludge from the POW; P. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POW; and G. To enable Bangor to comply with its BPDES permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the POW is subject. This Ordinance shall apply to all domestic sewage dis- chargers and other users of the POW. This Ordinance authorises the issuance of wastewater discharge permits; authorises monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of coats resulting from the operation of the POTS. 1.2 Administration. Except as otherwise provided, herein, the Superintendent Of the POTS shall administer, implement, and enforce.the provisions of this Ordinance. Any Powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other qualified City personnel. 1.3 Applicable Law. Any reference in this Ordinance to a state or federal statute o regulation or local ordinance shall mean the statute, regulation or ordinance in force on the effective date of this Ordinance or as any such statute, regulation or ordinance may be amended from time to time thereafter. 1.4 Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: A. Act o 'the Act-: The Federal Water Pollution Control Act, also known as the Clean Water Act. 33 USC S 1251 at sec. B. Approval Authority: Regional Administrator of the EPA Boston. 93-15] -3- C. Authorized Reoresentative of the User: 1. If the user is a corporation: (a) 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 (b) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or 2. If the user is a partnership or sole proprietorship; a general partner or proprietor, respectively; or 3. If the user is a Federal, State, or local government facility; a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee. 4. The individuals described in Paragraphs 1 through 3 above may designate another authorized representative' if the authorization is in writing, the 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. O. Biochemical Cxvaen demand: The quantity of oxygen utilized in biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade (20°C) expressed in milligrams per liter (mg/1). 95-157 Sm F. Buildina Drainz That part of the lowest piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside a building and conveys it to the building sewer, beginning eight feet (81) (2.5 meters) outside of the building wall. F. Building Sewer; The extension from the building drain to the POW or other place of disposal. G. Categorical Pretreatment Standard Or Categorical Standards Any regulation containing pollutant discharge limits promulgated by the RPA in accordance with Section 307(6) and (c) of the Act (33 USC 5 1317) which apply to a specific category of users and which appear in 40 CPR Chapter 1, Subchapter N, Parts 405-471. H. Categorical User: Any user of the City's wastewater treatment system whose discharges are regulated under 40 CFR Part 403 and 40 CFA Parts 405-471, Or who is Otherwise subject to U.S. BPA pretreatment requirements as a categorical user. I. City: The City of Bangor. J. City Enai The City official appointed and designated by the City Manager as the City Engineer for the City of Bangor. K. Color: The optical density at the visual ave length of maximum absorption, relative to distilled water. One -hundred percent (100%) transmittance is equivalent to aero (0.0) optical density. L. Combined Sewer: A sewer receiving both surface runoff and wastewater. M. Composite Sample: The sample resulting from the combination of Individual wastewater samples taken at selected intervals based on an increment of either flow or time. N. Discharge: My substance knowingly put o allowed to flow into any part of the City's POW. -5- 0. Dischargert Refers to all industrial users, including 'Categorical Users" and "Significant Industrial Users" as defined in this Section. "Discharger" also refers to any non -industrial ser of the City's pOTW who discharges wastewater into the POTW. P. Domestic Sewage: Water and water -carried wastes and sewage normally discharged into the sanitary sewers from dwellings, including Ingle -family homes, multi -family homes and hotels, from office buildings, factories and institutions, but not including storm water drainage or surface water drainage and not including industrial wastes as defined in this subsection. O. Environmental Protection Aaencv: The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency. R. Excessive Loadina: Any discharge resulting in a BOD or TSS loading in excess of 350 mg/1. Where a correlation is established between BOD and COD or TOC, a discharge in excess of the equivalent COD or TOC leading shall constitute excessive loading. S. Existing Source: Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. T. Garbage: Solid waste from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, Storage, and sale of food products and produce. B. Grab Sample: A sample which is taken from a wastestream on a one-time basis without regard to the flow in the wastestream and without consideration of time. V. Hazardous Waste: A hazardous waste as that term is defined in 40 CER Part 261 or Maine Department of Enviro:m:ental Protection Regulations Chapter 850. W. Rich Strength Conventional Waste: Any non- industrial waste of a substantially greater density, toxicity, or acidity than normal domestic sewage, including all wastes likely to cause "excessive loading" as defined in this subsection. 93-15) Si• R. Indirect Discharge or Discharael The introduction of pollutants into the POW from any nondomestic source regulated under Section 307(6), (c), or (d) of the Act. Y. industrial User or User, A source of indirect discharge. This term covers discharges from any source, including agriculture, forestry, fishing, mining, manufacturing, transportation, communication, electrical, gas and sanitary services and other industrial services discharging into the POW any industrial waste, or discharging into the POW any waste other than domestic sewage as defined in this subsection. This term may also apply to any other source of pollutant which adversely affects the POW. Z. Industrial Waste, All water, water -carried solids, liquid and gas wastes resulting from any industrial, manufacturing, or food processing operation or process or from the development of any natural resource or any mixture of these fluids and domestic sewage, or any mixture of these fluids with any other water or with any other liquid. M. Instantaneous Maximum Allowable Discharge Limit, The maximum concentration or loading of ­a pollutant allowed to be discharged at any time, determined from the analysis of any grab or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. BB. Interference; A discharge that, alone or in conjunction with a discharge or discharges from other sources, both (1) inhibits or disrupts the City's POW, treatment processes or operations, or its sludge pm a or disposal; and (2) which thus contributeu sto cause a violation of any requirement of the City's MPDWS permit, including an increase in the magnitude or duration of a violation, or of the prevention of sludge use or disposal in compliance with statutory provisions and regulations or permits issued under Section 405 of the Clean Water Act, RCRA, the Clean Air Act, SWDA, the Toxic Substances Control Act, the Marine Protection, Research and Sanctuaries Act and any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of RCRA. 93-157 M II. NPDES: The National Pollutant Discharge Elimination System permit program of the EPA. JJ. Owner: The owner, tenant, occupant or person in charge of any building or premises, or any person acting in the owner's behalf. RE. Pase-Through: My discharge from the City's POW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the City's WOES permit, including an increase in the magnitude or duration of a violation. LL. Person: My individual, partnership, firm, company, association, society, corporation, group, joint stock company, trust, estate, governmental entity, or any other legal entity of whatever relationship; or their legal representatives, agents, or assigns. This definition includes all Federal, State, or local governmental entities. M. �H: The logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter. pH shall be determined by standard methods as defined in this subsection. NN. Pollutant: My dredged spoil, solid waste, incinerator residue, sewage, garbage, sludge, pretreatment byproducts, munitions, wastewater, medical wastes, chemical wastes, biological materials, metals, oil and grease, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and other waste or material that alters or adversely affects the characteristics of the wastewater (i.e. pH, temperature, TSS, turbidity, color, HOD, COD, toxicity, TTO, TOC or odor). 00. Premia My building or lot under individual ownership or individual use where water service is metered independently or that discharges wastewater to the POW. PP. 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 POW. This reduction o alteration can be obtained by physical, chemical 93-157 -10- 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. QQ. Pretreatment Procr m Coordinators The City's Superintendent or a designated assistant responsible for supervision of the City's wastewater pretreatment program. RR. Pretreatment Requirements: Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. SS. Pretreatment Standard or Standards: Pretreatment standazrd(s) shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. W. Prohibited Discharge Standard or Prohibited Discharges: Absolute prohibitions against the discharge of certain substances. These prohibitions appear in section 6 of this Ordinance. W. Properly Shredded Garbage: The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension. W. Public Sewer: A sewer in which all owners of abutting properties have equal rights and is controlled by a public authority. W. Publicly Owned Treatment Works: A treatment works as defined by Section 212 of the Act (33 USC 5 1292) which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of wastewater of a liquid nature and any conveyances which convey wastewater to a treatment plant. XX. Sanitary Sewer: A sewer which carries wastewater and to which storm, surface, and groundwaters are not intentionally admitted. YY. Septic Tank Waste: Any wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. 93-15] -11- z2. Swans: Human excrement and gray water (household showers, dishwashing operations, etc.). AAA. Sewage Treatment plant: Any arrangement of devices and structures used for treating wastewater. BBE. Sewage Works: All facilities for collecting, pumping, treating, Bud disposing of wastewater. CCC. Sewer: A pipe or conduit for carrying wastewater. DDD. Sewer Extension: The connection of any public or private sewer to the existing sewer system except as required under subsection 2.4 of this Ordinance. EEE. Shall: Shall is mandatory; may is permiesive. FFF. Significant Industrial User: (1) A user subject to categorical pretreatment standards; or (2) A user that: a. Discharges an average of 25,000 gpd or more of process wastewater to the POW, excluding sanitary, noncontact cooling, and boiler blowdown wastewater; or b. Contributes a process wastestream which makes up five percent (58) or more of the average dry weather hydraulic or organic capacity of the POW; or c. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POW's operation or for violating any pretreatment standard or requirement. (3) Upon a finding that a user meeting the criteria in paragraph two (2) has n 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 in response to a petition received from a user, and in accordance with procedures in 40 CFR Part 403.8(f)(6), determine that such user should not be considered a significant industrial user. -12- CCG. Significant Nonccmoliance: Significant noncompliance as applied within this Ordinance includes the following, (1) Chronic violations of wastewater discharge limits, i.e., those violations in which 668 or more of all measurements taken during a six-month period exceed by any magnitude the daily maximum limit or average limit for the same pollutant parameter; (2) Technical Review Criteria (TRC) violations, i.e., those violations in which 33% or more of all measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily average maximum limit or average limit multiplied by the applicable TRC (TRC = 1.4 for BOO, TSS, fate, oil and grease; and 1.2 for all other pollutants except pH); (3) Any other violation of a pretreatment effluent limit daily maximum or longer-term average, that the Superintendent or Pretreatment Program Coordinator determines has caused, alone or i combination with other discharges, interference or pass-through, as defined in this subsection. (4) Any discharge of a pollutant that has caused an imminent danger to human health, including the health of the City's POW personnel or to the environment, or has required an exercise of the City's emergency authority to halt the discharge under 40 CFR Part 403.8(f)(2)(vi)(B); (5) Failure to meet a compliance schedule milestone imposed under this Ordinance or imposed by Administrative or Court Order or negotiated agreement within 90 days of the scheduled date; (6) Failure to provide any report required under this Ordinance or permit or under SPA regulations' within 30 days of the due date; (7) Failure to accurately report any non-compliance with permit requirements; or (8) Any other violation or group of violations which the Superintendent determines adversely affect the operation or implementation of the City's pretreatment program. -13- HHH. She: A byproduct of the primary and secondary treatment processes of the PO , also known as biusolids. This term does not include byproducts resulting from the pretreatment of industrial wastes. III. Slug or Slug Load: Any discharge that could cause a violation of the general prohibitions of subsection 6.1 and the specific prohibitions of subsection 6.2 of this Ordinance. JJJ. Standard Industrial Classification Code: A classification pursuant to the 'Standard Industrial Classification Manual" issued from time to time by the United States Office of Management and Budget. SIOC. Standard Methods: Testing methods and techniques prescribed in 40 CPA Part 136, or if not found therein, other appropriate procedures approved by the BPA. LLL. Storm Drain or Storm Sewer: A sewer which carries storm and surface waters and drainage, but excludes domestic sewage and industrial wastes, other than unpolluted cooling water. Mem. Storm water: Any flow occurring during o following any form of natural precipitation, and resulting from such precipitation, including snowmelt. NEW. Superintendent: The Wastewater Treatment Plant Superintendent of the City's POTW, or his authorized deputy, agent or representative. 000. Suspended Solids: Solids or other matter that either float on the surface of, or are in uapansion in water, wastewater, or other liquids, and which are removable by laboratory filtering. PPP. Total Toxic Organicst The summation of all quant- ifiable values greater than 0.01 mg/l for the toxic organics listed at 40 Cee 5 413.02(i). QQQ. Toxic Pollutant: One of 126 pollutants, or combination of those pollutants listed as toxic in regulations promulgated by the SPA pursuant to Section 307 (33 USC S 1317 of the Act. This term also includes any pollutants that may be added to this promulgated list by amendment. 93-157 -14- MRS. Treatment Plant Effluent: The discharge from the POW into waters of the United States. SSS. Treatment Plant Influent: The wastewater in the POW which is presented for treatment at the City's wastewater plant. WT. DDeet: An exceptional incident in which a discharger is in a state of non-compliance with the Categorical Pretreatment Standards due to factors beyond the reasonable control of the discharger. This term excludes non-compliance due to the extent caused by operational error, Improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, careless or improper operation of the treatment facilities, or other similar mesa=. UW. Wastewater: Liquid and water -carried industrial wastes and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POW. VVV. Wastewater Plant: Any facility owned by the City and used for receiving and treating wastewater. woo. Watercourse: A channel in which a flow of water occurs, either continuously or intermittently. 1.5 Abbreviations. The following abbreviations shall have the the designated meanings: ASTN American Society for Testing and Materials BOD Biochemical Oxygen Demand CFA Code of Federal Regulations COD Chemical Oxygen Demand DEP Maine Department of Environzental Protection EPA U.S. Environmental Protection Agency gpd gallons per day 1 liter mg milligrams mg/l milligrams per liter NPDES National Pollutant Discharge Elimination System O6M Operation's) and Maintenance 93-15) -15- POTW Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act SIC Standard Industrial Classification Cede SWOA Solid Waste Disposal Act TOC Total Organic Carbon TSS Total Suspended Solids TTO Total Toxic Organics USC United States Code WPCF Water Pollution Control Federation or its successor organization Sec. 2 Use of Public Samara Revuired 2.1 It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner o public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste. 2.2 It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any wastewaters, except where suitable treatment has been provided in accordance with this Ordinance. 2.3 Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of domestic sewage. 2.4 The owner of all houses, buildings, or properties, used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public unitary or combined sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Ordinance, within ninety (90) days after date of official notice to do a provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line. Sec. 3 Connection Permit Reunited 3.1 No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first successfully obtaining a written Street Opening/Utility Connection Permit from the City. Any person proposing a new discharge into the system or a substantial change in volume or character of pollutants that are being discharged into the system shall notify the City at least sixty (60) days prior to the proposed change or connection. 93-15) -16- 3.2 Said)permit shall specify whether the connection is (a) for residential and co,msercial service, or (b) for service to establishments producing or handling industrial wastes. In either case, the owner or his _ agent Shall make application on a special form furnished by the City. The permit application Shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the City. The permit will be issued in accordance with the provisions of Chapter VI, Article 8 of the Laws and Ordinances of the City of Bangor. Sec. 4 Installation and Connection to Public Sewer 4.1 All costs and expenses incident to the installation and connection of the building smar shall be borne by the owner. The owner shall indeswi£y the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. 4.2 A separate and independent building sewar shall be provided for every building; except where one building stands at the rear of another on an interior lot and n private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard r driveway, in which case, the building Sewer from the front building may be extended to the rear building and the whole considered as one building sewer. 4.3 Old building severe may be used in connection with new buildings only when they are found, on examination and teat by the City to meet all requirements of this Ordinance. 4.4 The size, slope, alignsent, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling of the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City or State. In the absence of code provisions and in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and w2CP Manual of Practice No. 9 shall apply. 9115) -17- 4.5 whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, wastewater carried by any such building drain shall be lifted by a means approved by the City and discharged to the building sewer. 4.6 No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building r building drain which in turn is connected directly or indirectly to a public sanitary sewer. 4.7 The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the superviaion of the City Engineer, or the Superintendent. 4.6 All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other work shall be restored in a manner satisfactory to the City. Sec. 5 Sawer Extensions 5.1 Any extension of the City sewer system, whether for a public or private sewsur, will only be allowed by vote of the City Council. The Council will authorize such extensions only after receipt of a written report from the City Engineer outlining the engineering, feasibility and estimated coat of such proposed extension, as well as an assessment of the potential properties benefitting from such action. The Council must also receive prior written comments from the Director of Community and Economic Development as to the compliance of such an extension with relevant sections of the City's Comprehensive Plan before Issuing authorization for the extension. 5.2 The Council will Mae its decision on any sewer extension request on the request's consistency with the provisions, and furtherance of the objectives, of the City's Comprehensive Plan and the specific criteria established in this Ordinance. -18- 5.3 Specifically, the City Council will authorize sewer extensions in consideration of the following mandatory requirements: 1. Said sewer extension lies within a defined primary service area and if said area is defined on an adopted primary service area map as provided for in the Comprehensive Plan, or 2. Said sewer extension lies within the urban growth boundary; and a) the proposed sewer extension does not extend more than 500 fast beyond a primary service area boundary; b) the immediately adjacent primary service area has not been declared service deficient; and c) it shall have been determined that it is feasible to provide other critical services to the area to heserved including water, fire and police protection and adequate traffic capacity on existing or proposed streets; and 3. In either case under No. 1 or No. 2 above, such an extension will not be installed in or through environmentally sensitive areas such as wetlands or in r through areas of extensive shallow depth to bedrock or other extreme physiographic conditions which would render, in the opinion of the City, the cost of installation and maintenance of such a sewer prohibitive. 4. Nothing in this section will prohibit the City Council, at its discretion, from extending public sewer service for public health reasons. Sec. 6 General Sewer Use Requirements 1 General Prohibitions. No discharger or user shall introduce or cause to be introduced into the POTS any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the POTS whether or not they are subject to categorical pretreatment standards or any other Federal, State, or local pretreatment standards or requirements. The provisions of this section shall apply to wastewater originating in the City, as well as wastewater originating in the Towne of Hampden and Sermon, which is introduced to the City's POTS. 93-157 -19- 2 Specific Prohibitions. No discharger or user shall introduce or cause to be introduced into the POW the following pollutants, substances, or wastewaters A. Pollutants which create a fire or explosive hazard in the POW, including, but not limited to, wastestreams with a closed -cup flashpoint of less than 1400F (600C) using the test methods specified 1n 40 CFR Part 261.21. B. Wastewater having a pH less than 5.0 or more than 12.0, or otherwise causing corrosive structural damage to the POW or equipment. Any pH above 12.5 is considered hazardous under 40 CFR Part 261.22. C. Solid or substances in amounts which will cause obstruction of the flow in the P0W resulting in interference, but in no case shall solids greater than 3 inches or 7.6 centimeters in any dimension be introduced to the POW. D. Pollutants, including oxygen -demanding pollutants (BOD, COD, 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 POW. B. wastewater having a temperature greater than 1500F (650C), or which will inhibit biological activity in the POW resulting in interference, but in no case wastewater which causes the temperature of the treatment plant influent of the POW to exceed 304°F (400C). F. Petroleum oil, nonbiodegradable cutting oil, o products of mineral oil origin, in amounts that will cause interference or pass-through. G. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POW in a quantity that may cause acute worker health and safety problems. H. Trucked or hauled pollutants, except at discharge points designated by the Superintendent pursuant to section 14 of this Ordinance. -20 - Noricum or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or prevent entry into the sewers for maintenance or repair; S. 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 NPDRS permit. R. Storm water, ground water, roof runoff, sub- urface drainage or any water from downspouts, yard drains, fountains and ponds, swimming pool drainage, sump pumps, septic tanks, lawn sprays, r geothermal type heating or cooling systems unless such drainage from such sources discharged into drains specifically designated for such purposes by the Superintendent. industrial coling water may be discharged only after approval, and to a receptor site designated by the Superintendent. Such industrial cooling water discharges shall comply with the requirements of 38 M.R.S.A. § 413. L. Sludges, screenings, or other residues or by- products from the pretreatment of industrial wastes. M. wastewater containing any radioactive wastes r isotopes, except as specifically approved by the Superintendent. Such approval shall only be given upon certification by the discharger or user that applicable federal and state regulations concerning such wastewater have been complied with before such a discharge. Radioactive waste includes, but is not limited to, any substance required by the United States Dept. of Transportation to have Type A or B packaging, pursuant to 49 CPR Part 173.426. N. Medical wastes, except as specifically authorised by the Superintendent in a wastewater discharge permit. o. wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test; 93-15] -21- P. Pats, oils, or greases of animal or vegetable origin in concentrations greater than 200 mg/1. Q. Toxic pollutants or any other toxic substances hereinafter determined by the Superintendent to not be amenable to treatment or reduction by the wastewater treatment processes of the City or which might interfere with the effectiveness of the POTW's processes or which might limit the potential Rod uses of the POTW'S sludges. R. Any substance or material prohibited under 40 CPR Part 403, in particular Part 403.5(a) Rod (b). Also any other substance or material the discharge of which results in a violation by the City of the regulations, now or hereinafter existing, of any public entity, including the EPA, or results in a violation of the City's SPIES permit. S. My gasoline, benzene, naptha, fuel oil or other flammable or explosive liquids, solids or gases. T. My garbage except properly shredded garbage. I. My hazardous waste. 6.3 If any wastewater or other wastes are discharged, o proposed to be discharged to the public sewers, which wastewaters or other wastes contain the substances or possess the characteristics enumerated in this section and which in the judgment of the Superintendent may have a deleterious effect upon the City's POTW, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may, (1) Reject the wastewater or other wastes; (2) Require pretreatment to an acceptable condition for discharge to the POTW; (3) Require control over the quantities and rates of discharge; (4) Require payment to cover the added cost of handling and treating the wastes; and/or (5) Take any appropriate enforcement action against an industrial user or user which violates the prohibitions of this section. If the Superintendent permits the pretreatment or flow -equalization of waste flows, the design and installation of the plant and equipment for such pretreatment or flow -equalization shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable City, State and Federal codes, ordinances, and laws. The Superintendent's approval, if granted, shall not be deemed to relieve the discharger of its responsibility 93-157 to comply with its wastewater discharge permit requirements and shall not constitute an acceptance of the adequacy of the pretreatment process equipment selected. where preliminary treatment or flow -equalizing facilities are provided for any wastewater or other wastes, they shall be maintained continuously in satisfactory and effective operation by the Owner at the owner's expense. 6.4 Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, sand, or other harmful ingredients{ except that such interceptors shall not be required for private residential living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located so as to be readily and easily accessible for cleaning and inspection. 6.5 No discharger or user shall increase the use of potable or process water, in any way, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this Ordinance. Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in a manner that would allow them to be discharged to the POW. 6.6 Federal Categorical Pretreatment Standards. The cate- gorical pretreatment standards found at 40 CPR Chapter I, Subchapter w, Parte 405-471 are incorporated herein by reference. These standards must be adhered to by dischargers to, or users of, the POTw. 6.7 Local Limits A. Limits for certain pollutants will be established to protect against pass-through or interference. No person shall discharge wastewater containing in excess of the instantaneous maximum allowable discharge limits as identified on the user's wastewater discharge permit. All discharge local limits shall be technically based and approved by the SPA. S. Local limits may be set for the following pollutants, arsenic, barium, cadmium, chromium, copper, cyanide, lead, mercury, nickel, oil and grease and other petroleum or mineral oil products, silver, TTO, and zinc. This list may 93-15] -23- be amended or local limits may be developed for any other pollutants deemed appropriate, including pollutants that can cause pass through, inter- ference, worker health and safety problems, fume toxicity, etc. The City will provide advanced written notice of new local limits to users prior to initiating enforcement actions. C. The discharge local Limits must be met at the point where the uswaatewater is discharged to the POW. All concentrations for metallic substances are for "total,, metal unless otherwise indicated on the wastewater discharge permit. The Superintendent may impose mass limitations in addition to or in place of concentration -based limitations. 6.8 City's Riaht of Revision. The City reserves the right to establish, by Ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POW. 6.9 Special ,Agreement. The City reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POW. in no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the user may request a net gross adjustment to a categorical standard in accordance with 40 CPR Part 403.15. They may also request a variance from the categorical pretreatment standard from the Approval Authority. Such a request will be approved only if the user can prove the factors relating to its discharge are fundamentally different from the factors considered by the EPA when establishing that categorical pretreatment standard. A user requesting a fundamentally different factor variance vet comply with the procedural and substantive provisions in 40 CPR Part 403.13. The City is authorized to set appropriate fees or other charges for such agreements. 6.10 Pretreatment Facilities. users shall provide necessary wastewater treat- ment as required to comply with this ordinance and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in this Ordinance within the time limitations specified by the EPA, the State, or the Superintendent, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be approved by the City before construction 93-157 of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the City's POW under the provisions of this Ordinance. 6.11 Accidental Discharue/Slue Control Plana. The Super- intendent may require any user to develop and implement an accidental discharge/alug control plan. At least once every two (2) years the Superintendent shall evaluate whether each significant industrial user needs such a plan. Any user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, 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 POW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of prohibited discharges in this section of this ordinance; and D. Procedures to prevent adverse impact from any accidental orslug 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 o equipment, measures for containing toxic organic pollutants.(including solvents), and/or measures and equipment for emergency response. Sec. 7 Wastewater Discharge Permit Application 7.1 It shall be unlawful to discharge wastewater to the City's POW, or to any public or private sewer within the Towns of Hampden and Hermon where such discharged wastewater reaches the City's POW, without having first complied with the provisions of this Ordinance. 7.2 when requested by the Superintendent, all users must complete a wastewater survey form, on a form supplied by the City, which contains information on the nature and characteristics of their wastewater. This form moat be submitted to the Superintendent prior to discharge of the user's wastewater into the City's 93-157 -25- POW. The Superintendent is authorized to prepare a form for this purpose and may periodically require users to update the survey. Failure to complete this wastewater survey form shall be reasonable grounds for terminating service to the user and shall be considered a violation of this Ordinance. existing industrial dischargers shall file wastewater survey forms within thirty (30) days after being notified by the City, and proposed new dischargers shall file such forms at least ninety (90) days prior to connecting to the POW. The information to be supplied to the Superintendent by the user shall include, but not be limited to, the following informationv A. The n address and location of the user and the numbermemployees. a. The SIC of the user. C. The known or suspected to be present wastewater constituents and characteristics, including but not limited to, those mentioned in this Ordinance. Any sampling and analysis that is required by the City shall be performed in accordance with standard methods and/or those contained in 40 CPR Part 136. The costs of all such sampling, analysis and reporting shall be fully home by the user. D. The time and duration of discharges. E. The average daily and instantaneous peak wastewater flow rates, in gallons per any, including daily, monthly and seasonal variations, if any. All flows shall be as actually measured unless other verifiable techniques are approved by the City due to cost or non -feasibility. P. The site plane, floor plane, mechanical and plumbing plans and details to show all sewers sewer actions, inspection manholes, sampling chambers and appurtenances by size, location and elevation adjacent to or at the user's premises. G. The activities, facilities and plant process on the premises including all materials which are or may be discharged to the POW. R. The nature and concentration of any known or suspected pollutants or materials prohibited by this Ordinance from being included in the discharge, together with a statement regarding 9}15] -26- whether or not compliance is being achieved with this Ordinance on a consistent basis and if not, whether additional O&M activities and/or additional pretreatment is required for the user to comply with this Ordinance. I. The identification of each product produced by the user by type, amount, process or processes and rate of production. J. The type and amount of raw materials utilized, average and maximum per day, by the user. 7.3 All disclosures forms and any periodic reports submitted by a user and shall be signed by the principal executive officer of the user and shall amain the following certification, "I 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 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.-- 7.4 iolations." ].a The City will evaluate the completed wastewatersurvey forms and material safety data furnished by the user and may require the user to furnish additional information. The user shall provide all requested additional information within fifteen (15) days after receiving notification from the City that additional information isrequired. After full evaluation and acceptance of all submitted data, the Superintendent shall make the determination as to whether the user is subject to EPA pretreatment requirements. if the Superintendent determines that the user is subject to SPA pretreatment requirements, the City shall require the user to apply for a Wastewater Discharge permit as required by section 8 of this Ordinance. The user shall make application for a Wastewater Discharge permit, ona form provided by the City, within thirty (30) days after having received notification from the City to do so. The user shall provide with the permit application, at the user's own expense, the results of all sampling and analysis of the user's wastewater effluent as the City may require toaccompany the permit application. If so requested by the City, the user shall collect all required samples in the presence of the Superintendent. 93-15] _2/_ Sae. 8 wastewater Discharge Permits 8.1 Every new or existing user of the City's POW or wastewater plant who is determined to be a categorical ser or significant industrial user as defined in section 1 of this Ordinance is required to obtain a wastewater discharge permit from the Superintendent. 8.2 The Superintendent may prescribe special license, disclosure and reporting requirements for non -industrial users of high strength conventional waste distinct from the requirements imposed on industrial users under this section. Such requirements shall not be more burdensome than the requirements imposed on industrial users by this section. 8.3 wastewater discharge permits shall be subject to all provisions of this Ordinance and all other regulations, user charges and fees established by the City. The conditions of wastewater discharge permits shall be enforced inaccordance with this Ordinance, and applicable State and Federal regulations. 8.4 wastewater discharge permits may impose effluent restrictions or limits on the user if the Superintendent determines that such limits are necessary to protect the quality of the treatment plant influent, effluent, or sludge, or to maintain compliance with any applicable Federal or State law, including requirements under the City's "DES permit and national categorical pretreatment standards for new and existing sources set out In 40 CFE Chapter 1, Subchapter P Parts 401-471. 8.5 The Superintendent will evaluate the data furnished by the user and may require additional information to complete the user's wastewater discharge permit application. Within fourteen (14) days of receipt of a complete wastewater Discharge permit application, the Superintendent will determine whether a wastewater discharge permit is required and, if so, whether a wastewater discharge permit should be issued. The Superintendent may deny any application for a wastewater discharge permit. The Superintendent shall notify the user in writing of the decision on the wastewater discharge permit application. 93-157 -28- 8.6 Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit may be issued for a period of less than five (5) years. Each wastewater discharge permit shall indicate a specific date upon which it will expire. 8.7 Wastewater discharge permits are issued to a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to anew owner or a new user, different premises, o changed operation. To facilitate the issuance of now, separate permits, the Superintendent may allow new owners or individuals to operate under an existing wastewater discharge permit for a period not to exceed ninety (90) days. 8.8 Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Superintendent to prevent pass-through or interference, protect the quality of the water body receiving the treatment plants effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. A. Wastewater discharge permits shall contain the following conditions; (1) A statement that indicates the wastewater discharge permit duration; (2) A statement that indicates the wastewater discharge permit is nontransferable pursuant to subsection 8.7 of this Ordinance, and a provision requiring any new owner or operator to be furnished with a copy of the existing wastewater discharge permit by the prior user; (3) pretreatment standards and effluent limits based on the general and specific prohibited discharge standards, categorical pretreat- ment standards, local limits, and all applicable law. (4) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include asampling frequency and sample type based on Federal, State, and local taw; -29- (5) A statement of applicable penalties for violation of pretreatment standards and requirements, and any required compliance schedule. Such schedule may not extend the time for compliance beyond that required by Federal, State or local law; and (6) Other specific conditions the Superintendent deems necessary to ensure compliance with this Ordinance, and Federal and State regulations and statutes. B. Wastewater discharge permits may contain, but need not be limited to, the following conditions; (1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and flow -equalization; (2) Limits on the instantaneous, daily and monthly average, and/or maximum concentration, ma a other measure of identified wastewater pollutants or properties; (3) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, any of which would be designed to reduce, eliminate, or prevent the introduction of pollutants into the POW. (4) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharge; (5) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW by the (6) The unit charge or schedule of user charges and fees for the management of the user's wastewater discharged to the POTW; 93-157 -30- (7) Requirements for the installation hand maintenance of inspection and sampling facilities and equipment; (8) A statement that compliance with the wastewater discharge permit does cut 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 wastewater discharge permit; (9) Identification by the user of the location of the user's outfall to the POTW; a1$1d (10) Other specific conditions the Sup@rintendent deems necessary to ensure compliance with this Ordinance and Federal and State regulations and statutes. 8.9 Any aggrieved person, including the user, may file a Petition with the City in writing to reconsider the terms of a wastewater discharge permit or the denial of a wastewater discharge permit application within 15 days of the permit's issuance or notification Of the Superintendent's denial. A. Failure to submit a timely Petition for review shall he deemed to be a waiver of any administrative appeal. B. In its Petition, the petitioner must indicate the wastewater discharge permit provisionsiobjected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. A' petitioner seeking review of a permit denial must' specifically allege reasons why a permit should be Issued, along with conditions of issuance that petitioner believes should satisfy any concerns the City may have about the suitability of the users' wastewater for discharge to the'City's POW. C. The requirements or conditions of any wastewater discharge permit shall not be stayed by the City pending the outcome of the administrative appeal. D. Upon receipt of the Petition, the Supelcintendent may act to grant the petitioner's request. said action must take place within 14 days of receipt of the Petition. If the Superintendent refuses to -31 - grant the petitioner's request, however, the Superintendent shall notify, in writing, the Committee of the City Council having oversight responsibility for the operation of the City's POTw. The Committee shall schedule an administrative hearing, which shall be recorded, within 30 days of notification by the Superintendent or as soon thereafter asmay be arranged. The Committee shall conduct the hearing so as to develop an adequate administrative record and the Committee may choose to limit the asking of questions to the members of the Committee only. The petitioner will bear the burden of proof at the hearing and will present its case first. The Committee shall issue its decision in writing within 45 days of the hearing. The Committee's decision must be guided by the provisions of this Ordinance. Failure by the Committee to issue a decision within that time period shall constitute a denial of the administrative appeal, however, the record of the administrative hearing, including any exhibits, shall be made a part of any further judicial reviews. Committee declaims not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, not to modify a wastewater discharge permit or to issue a modified wastewater discharge permit shall be considered final administrative actions for purposes of judicial review. B. Parties seeking judicial review of the final administrative action must do so by filing a complaint with the Penobscot County Superior Court pursuant to M.R.Civ.P. BOB. 8.10 The Superintendent may modify at any time the wastewater discharge Permit for good cause including, but not limited to, the following: A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements; B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the issuance of the wastewater discharge permit; C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; D. Information is received by the City indicating that the permitted discharge poses a threat to the City's POW, City personnel, or the receiving waters; 93-15) -32- H. violation of any terms or conditions of the wastewater discharge permit; F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater survey form, wastewater discharge permit application or in any other required reporting; G. Revision of, or a grant of a variance from, categorical pretreatment standards pursuant to 40 CPR Part 403.13; and H. To correct typographical or other errors o omissions in the wastewater discharge permit. Challenges to any such modifications can be made pursuant to the provisions of subsection 8.9 of this Ordinance. 8.11 Any user who violates any condition of its permit, or of this Ordinance, or of applicable State and Federal statute and regulations, may have its permit revoked by the Superintendent. violations subjecting a user to possible revocation of its permit include, but are not limited to, the following: A. Failure of a user to acurately report the wastewater constituents and characteristics of its discharge; E. Failure of a user to report significant changes in operations or its wastewater constituents and characteristics; C. Refusal of reasonable access by the Superintendent to the user's promises during regular business hours for the purpose of inspection or monitoring; D. Violations of the conditions of the permit; E. Failure to provide advance notice of the transfer of the ownership of a permitted user; F. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application, any required wastewater surveys or other required reporting; G. Falsifying monitoring reports or tampering with monitoring equipment; H. Failure to pay surcharges, user fees, permit fees, fines or other required payments; or I. Failure to meet the requirements of a compliance schedule. -33- 8.12 Compliance Schedules 93-15) A. Where additional pretreatment and/or O&M activities will be required to comply with this Ordinance, the user shall provide a declaration of the shortest schedule by which the user will provide such additional pretreatment and/or Implementation of additional ORM activities. B. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to comply with the requirements of this Ordinance, including, but not limited to, dates relating to hiring a engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this Ordinance. C. Under no circumstances shall the City permit a time increment for any single step directed toward compliance which exceeds nine (9) months. D. No later than fourteen (14) days following each milestone date in the schedule and the final date for compliance, the user shall submit a progress report to the City Including, at a minimum, a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the approved schedule. In no event shall more than nine (9) months elapse between such progress. reports to the City. Sec. 9 Reporting Reouiremants 9.1 Baseline Monitorina Reports A. Within either one hundred and eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR Part 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the PO shall be required to submit to the City a report which contains the information listed in paragraph 8, below. At least ninety (90) days prior to 93-15) -34- cosmiencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the City report which contains the information listed in paragraph B below. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged. B. Users described in paragraph A above shall submit the information set forth below: (1) The name and address of the facility, including the name of the operator and owner. (2) A list of any environmental control permits held by or for the facility. (3) A brief description of the nature, average rate of production, and SIC of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the Poxw from the regulated processes. (4) Information showing the measured average daily and maximum daily flow, in gallons per day, to the POW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR Part 403.6(e). (5) (a) The categorical pretreatment standards applicable to each regulated process. (b) The results of sampling and analysis Identifying the nature and concentration, and/or mass where required by the standard or by the City, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be sampled and analyzed in accordance with the provisions of subsections 9.9 and 9.10 of this Ordinance. (6) A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether 93-157 -35- pretreatment standards are being met on a consistent basis, and if not, whether additional 0&M and/or pretreatment is required to meet the pretreatment standards and requirements. (7) If additional pretreatment and/or 0&M will be required to meet the pretreatment standarda, the shortest schedule by which the user will provide such additional pretreatment and/or 0&M. 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 subsection 8.12 of this Ordinance. (8) All baseline monitoring reports most be signed and certified in accordance with subsection 7.3 of this Ordinance. 9.2 Compliance Schedule Progress Remrt The requirements imposed by subsection 8.12 of this Ordinance shall apply to the compliance schedule required by subsection 9.1(6)(7) of this Ordinance. 9.3 Report on Compliance with Categorical Pretreatment standard Deadline 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 POM, any user subject to such pretreatment standards and requirements shall submit to the City a report containing the information described in subsection 9.1(B)(4-6) of this Ordinance. For users subject to equivalent mase or concentration limits established in accordance with the procedures In 40 CFR Part 403.6(c), 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 terns of allowable pollutant discharge per unit of production or other m of operation, this report shall include the user'sactualproduction during the appropriate sampling period. All compliance reports must be signed and certified in accordance with subsection 7.3 of this Ordinances -36- 9.4 Periodic Compliance Reoorts A. All significant industrial user(a) shall, at a frequency determined by the Superintendent, but in no case lass than twice per year in June and December, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with subsection 7.3 of this Ordinance. B. All wastewater samples moat be representative of the user's discharge. wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good Irking order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. C. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the POW, using the analytical requirements and sampling procedures prescribed in subsections 9.9 and 9.10 of this Ordinance, the results of this monitoring shall be included in the report. 9.5 Report of Changed Conditions Each user must notify the Superintendent of any planned significant changes to the user's operations or process systems which might alter the nature, quality or volume of its wastewater at least sixty (60) days before the change. A. The Superintendent may require the user to submit such information as may be deemed necessary to valuate the changed condition, including the submission of a wastewater discharge permit application under section 7 of this Ordinance. B. The Superintendent may issue a wastewater discharge permit under section 8 of this Ordinance or modify an existing wastewater discharge permit under subsection 8.10 of this Ordinance in response to changed conditions or anticipated changed conditions. 93-157 -37- C. NO user Shall implement the planned changed condition(s) until and unless the Superintendent has responded in writing to the user's notice. D. For purposes of this subsection, significant changes include, but are not limited to, flow increases of ten percent (104) or greater, and the discharge of any previously unreported pollutants. 9.6 Reports of Potential Problems A. In the case of any discharge, including, but not limited to, hazardous waste discharges, accidental discharges, discharges of a nonroutine or episodic nature, ancustomary batch discharge, or a slug load, that may cause potential problems for the POW, the user shall immediately telephone and notify the Superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if ]mown, and corrective actions taken by the user. a. Within five (5) days following such a discharge, the user shall 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 may be incurred as a result of damage to the POW, natural resources or other damage to person or property; nor shall such notification relieve the user of any fines, penalties or other liability which may he imposed Pursuant to this Ordinance. C. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph A above.Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. 9.7 Notification of the Discharge of Hazardous Waste In addition to all other requirements of this Ordinance, any user who discharges hazardous waste into the POW shall notify the POW, the EPA Regional Waste Management Division Director and Maine hazardous waste authorities, in writing, within five (5) days of the discharge, of any such discharge. Such notification -38 - must include the meof the hazardous waste a set forth in 40 CFR Part 261, the RPA hazardous waste number, the type of discharge (continuous, batch or other) and the user's plan to avoid future discharges of the same or other hazardous waste. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POW, natural resources or 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 this Ordinance. 9.8 Notice of Violation/Repeat Samplino and Reporting If sampling performed by a user indicates a violation, the user must notify the Superintendent within twenty four (24)hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent within thirty (30) days after becoming aware of the violation. The user is not required to resample if the POW monitors at the user's facility at least once a month, or if the POW samples between the user's initial sampling and when the user receives the results of this sampling. 9.9 Analytical Reaulrementa All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or a report required by this Ordinance shall be performed in accordance with the techniques prescribed in 40 CMR Part 136, unless otherwise specified i an applicable categorical pretreatment standard. If 40 CPA Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with appropriate procedures approved by the SPA. 9.10 Sample Collection A. except as indicated in paragraph B below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Superintendent may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. 93-157 -39- B. Samples for oil and grease, temperature, PH, cyanide, phenols, toxicity, sulfides, and volatile organic chemicals moat be obtained using grab sample collection techniques. The Superintendent will use appropriate sampling to determine noncompliance with pretreatment standards, Including the use of standard methods. 9.12 Tim written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date Of receipt of the report shall control. 9.13 Record Keeping Users subject to the reporting requirements of this Ordinance shall retain and make available for nepection and copying all records or information obtained pursuant to any monitoring activities required by this Ordinance and any additional records or information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include, but not be limited to, 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. These cords shall be retained by the user for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the POTw, or where the user has been specifically notified of a longer retention period by the Superintendent. 9.14 State Reauirements State requirements and limitations on discharges to the POW shall be met by all users which are subject to such requirements and limitations, provided, however, that such requirements and limitations are more stringent than the provisions of this Ordinance or Federal law requirements or limitations. 9.1$ Reports from Unnermitted Users All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the City upon the request of the Superintendent. 93-15] -40- Sec. 10 Comoliance Monitoring 10.1 Inspection and Sampling The City shall have the right to enter the facilities of any user to ascertain whether the purpose of this Ordinance, and any permit or order issued hereunder, is being met and whether the user is complying with all requirements thereof. All users shall allow the Superintendent ready access to all parts of the premises for the purpose of inspection, sampling, records examination and copying, and the performance of any additional duties as the Superintendent deems necessary. A. Each user shall provide and operate at its own expense, a monitoring facility to allow inspection, sampling, and flow measurement of the user's wastewater discharge to the POW. E. 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. quards so that upon presentation of suitable identification, the Superintendent will be permitted to enter without delay for the purposes of performing compliance monitoring. C. The Superintendent shall have the right to set up n the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations. The user shall bear the costs of such setup or installation. D. The Superintendent shall require the user to install monitoring equipment as the Superintendent deems necessary. The user'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 quarterly (4 time per year) to ensure their accuracy. E. Any temporary or permanent obstruction to the 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 Superintendent and the obstruction shall not be replaced. The costs of clearing such access shall be born by the user. -41- F. Unreasonable delays in allowing the Superintendent access to the user's premises shall be a violation of this Ordinance. G. In the event that user is in or has previously been in noncompliance with this Ordinance or with the user's wastewater discharge permit, the user shall be required to pay the full cost of all additional sampling and analysis that the City may conduct to determine the user's compliance with this Ordinance. R. All monitory facilities shall be constructed and maintained in accordance with the Land Development Code of the City and all applicable construction codes, standards or specifications. Construction, if required, shall be completed within one hundred twenty (120) days of receipt of the wastewater discharge permit by the user. 10.2 Administrative Inspection Warrants If the Superintendent has been refused access to any building, structure or property, or any part thereof, for the purpose of inspecting, sampling or otherwise monitory compliance with this Ordinance, the Superintendent shall seek to secure an Administrative Inspection Warrant pursuant to M.R.Civ.P. BOE. The warrant, if issued by the District Court, shall be executed pursuant to M.R.Civ.P. BOE and the Superintendent shall be accompanied by aniformed City police officer during said execution• Sec. 11 Confidential Information Information and data on a user obtained from reports, surveys, wastewater discharge permit and monitoring programa, and from the City's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the City, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the user under applicable State law. 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 such confidential information shall not he made available for inspection by the public, but shall be made available immediately upon request to State and Federal governmental agencies for uses related to the WPDES program or pretreatment program,and in enforcement proceedings involving the person furnishing the report. wastewater constituents and characteristics and other "effluent data- as defined by 40 CPR Part 2.302 will not be recognized as confidential information and will be available to the public without restriction. 93-159 -42 - Sec. 12 Publication of Users in Sianificant Noncompliance The City shall publish annually, in the largest daily newspaper published in the City where the POTN is located, a list of the users, which, during the previous calendar year, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be as defined in subsection 1.4(000) of this Ordinance. Sec. 13 Private Sewage Disposal 13.1 where a public sanitary or combined sewer is not available under the provisions of section 2 0£ this Ordinance, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section. Connections shall also comply with the State of Maine Plumbing Code, Part II, Subsurface Wastewater Disposal Regulations. 13.2 Before commencement of construction of a private sewage disposal system the owner shall first obtain a permit from the City's Plumbing Inspector. The application for such permit shall be made on a form furnished by the Maine Department of Human Services, Division of Health Engineering, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Plumbing Inspector. 13.3 A permit for a private swage disposal system shall not become effective until the installation is completed to the satisfaction of the City's Plumbing Inspector. The Plumbing Inspector shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Plumbing Inspector when the work is ready for final inspection, and before any underground portions are covered. 13.4 The type, capacities, location, and layout of a private sewage disposal system shall comply with all requirements of the Maine Department of Human Services, and shall be in compliance with the State of Maine Plumbing Code, Part II, Subsurface Wastewater Disposal Regulations, the Minimum Lot Size Law (12 M.R.S.A. $ 4607 at antl the Land Development Code of the City of Bangor. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than one acre. No septic tank or cesspool shall be permitted to discharge to any natural outlet. -43- 13.5 At such time as a public sewer becomes available to a property served by a private disposal system, as provided in section 2 of this Ordinance, a direct connection shall be made to the public sewer ompliance with this Ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable materials. 13.6 The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City. 13.7 No statement contained in this section Shall be construed to interfere with any additional requirements that may be imposed by the Plumbing Inspector. 13.8 When a public sewer becomes available as outlined i subsection 2.4, the building sewer shall be connected to said sewer within ninety (90) days and a private sewage disposal system shall be cleaned of sludge and filled with clean bank -run gravel or dirt. Sec. 14 Hauled Wastewater 14.1 Septic tank waste and hauled industrial waste may be introduced into the POW only at the designated receiving structure of the POW and at such times as are established by the Superintendent. Such wastes shall not violate section 6 of this ordinance or any other requirements established or adopted by the City. Wastewater discharge permits for individual vehicles to use such facilities may be issued by the Superintendent. 14.2 The Superintendent may issue wastewater discharge permits to original sources of hauled industrial waste. The Superintendent shall also have the authority to prohibit the disposal of hauled industrial wastes. 14.3 Waste haulers may only discharge loads at locations specifically designated by the Superintendent. No load may be discharged without prior consent of the Superintendent. The Superintendent may collect samples of each hauled load to ensure compliance with this Ordinance. The Superintendent may require the hauler to provide a waste analysis of any load prior to discharge. 93-157 -44- 14.4 waste haulers must provide a waste -tracking form for every load. This form shall include, at a minimum, the new and address of the waste hauler, permit number, truck identification, sources of waste, and volume and characteristics of waste. In addition, for hauled industrial waste, the form shall identify the type of industry, known or suspected constituents, and whether any wastes are RCRA hazardous wastes. 14.5 Waste haulers must dispose of hauled wastewater at the designated receiving structure only between the hours of 7:00 a.m. and 4:30 p.m., Monday through Friday, holidays excluded. Waste haulers using trucks having a volume gauge or eight glass will be charged at the applicable rate per 1000 gallons of wastewater discharged. Trucks lacking such a volumetric measuring device o other means satisfactory to the Superintendent to measure the volume of wastewater discharged will be presumed full and will be charged accordingly. 14.6 Any person who discharges hauled wastewater at any other location in the City or at the designated receiving structure at other than the times allowed shall be subject to applicable civil and criminal penalties, including those proscribed at 30-A M.R.S.A. 5 4452 and 38 M.R.S.A. 55 439 and 1319-T. 14.7 A suitable odor control chemical approved by the Superintendent shall be introduced to the hauled wastewater prior to its transportation to the designated receiving structure. Sufficient quantities of such chemical shall be used by the waste hauler to adequately control odors amounting from the hauled wastewater. 14.8 If at any time, in the opinion of the Superintendent, the discharge of hauled wastewater is placing a excessive burden on the POTW'e treatment process or Is otherwise causing a nuisance, the Superintendent can refuse to accept such wastewater for treatment in the POTW. Sec. 15 Operation of Private Pump Stations and Treatment Plants 15.1 The operation of all privately owned pump stations, lift stations or ejector stations for the purpose of pumping wastewater shall be subject to the approval of the City, and shall be subject to inspection as outlined in section 10 of this Ordinance. 93-157 -95- 15.2 All private pump stations, lift stations or ejector stations shall be equipped with at least two pumps, each of which shall have a capacity to pump the total design flow of the facility, and each being provided with automatic switches which will insure uninterrupted operation in case of overload or failure of the other. In addition, the pump station facility shall have an approved standby gasoline or diesel generator system of sufficient capacity to operate the pumps in case of power failure, and shall also be equipped with an approved alarm system designed to provide warning in case. of mechanical failure. 15.3 All private pump stations, lift stations and ejector stations and attendant facilities shall be properly maintained by a qualified mechanic or operator, and a proposed schedule and method of maintenance shall be subject to the approval of the City. 15.9. No person or fire shall construct or operate a private sewage treatment facility without first obtaining the necessary waste discharge permits from the ORP. If, in the opinion of the City, the operation of any privately owned sewage treatment plant is considered to be unsatisfactory and is eating a nuisance, then the City shall immediately notify the nae of the problem. Any other duly authorized employee of the City shall have the right to inspect said facilities as provided in section 10 of this Ordinance. Sec. 16 Administrative Enforcement Remedies 16.1 At the time of enactment of this Ordinance, the City will have developed an Enforcement Response Plan (ERP) which outlines the City's general procedure for the enforcement of this Ordinance. The BRP shall be initially adopted by City Council Order and may be subsequently amended by Order. The City will follow the ERP to the greatest extent possible when contemplating compliance with and enforcement of this Ordinance, however, nothing in the BRP or this Ordinance will preclude or otherwise limit the City from taking any action, including emergency actions or other enforcement actions, prior t0 undertaking any initial enforcement procedure in the ERP Including issuance of a Notice of Violation (NOV). 93-157 -46- 16.2 Notice of Violation When the Superintendent finds that a user has violated or continues to violate any provision of this Ordinance, a wastewater discharge permit o order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may serve upon that user written NOv. Within thirty (30) days of the r receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which must include specific required actions, shall be submitted by the user to the Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the NOV. 16.3 Consent Orders The Superintendent may enter into Consent Orders, assurances of voluntary compliance, or other documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsections 16.5 and 16.6 of this Ordinance and shall include language which make them judicially enforceable. Such orders may require the payment of administrative fines pursuant to subsection 16.7 of this Ordinance. 16.4 Show Cause Hearing The Superintendent may order a user which has violated or continues to violate any provision of this Ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent and show cause why the proposed enforcement should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally by the Superintendent or by registered or certified mail, return receipt requested, at least fourteen (14) days prior to the hearing. Such notice may beserved on any authorized representative of the user. A show cause hearing 93-15] -47- shall 4 _ shall not be a bar against, or prerequisite for, taking any other action against the user. Failure to appear for a show cause hearing may be grounds for revocation of the user's wastewater discharge permit and disconnection from or termination of discharge to the POTW. 16.5 Compliance Orders When the Superintendent finds that a user has violated or continues to violate any provision of this Ordinance, a wastewater discharge permit o order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may issue an order to the user responsible for the discharge directing that the user comes into compliance within thirty (30) days. If the user does not come into compliance within thirty (30) days, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self- monitoring and management practices designed to minimise the amount of pollutants discharged to the standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. 16.6 Cease and Desiet Orders When the Superintendent determines that a user violated or continues to violate any provision of this ordinance, a wastewater discharge permit o order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Superintendent may issue an order to the user directing it to cease and desist any such violations and directing the user to: A. Immediately comply with all requirements; and B. Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge to the POTW. -48 - Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. 16.7 Administrative Fines A. when the Superintendent finds that auser violated r continues to violate any provisionof this Ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, including a user's failure to obtaina wastewater discharge permit pursuant to Section 8 of this Ordinance, the Superintendent may fine such user in anamount not to exceed $2,500 per day. Each day of violation shall constitute a separate offense subject to fine. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation. In the case of failure to obtain a required wastewater discharge permit, the fine shall accrue on a daily basis commencing on the day the user first was notified or became aware of the need for such a permit. The City may add the costs of preparing administrative enforcement actions, such as notices and orders, to any fine assessed. B. Any and all unpaid charges, fines, and penalties under this Ordinance shall, after (30) calendar days from the due date, be assessed an additional penalty of twelve percent (129) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (19) per month. A lien against the user's property may be sought for unpaid charges, fines, and penalties as allowed under State law. C. Users desiring to dispute such fines must file a. written request for the Superintendent to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. The Superintendent shall convene an administrative hearing on the matter and conduct said hearing in accordance with the procedures delineated in subsection 8.9(0) of this Ordinance. Failure to timely request an administrative hearing constitutes awaiver of any administrative appeal. The decision of the Committee conducting the administrative hearing, including a decision to not reduce the fine, shall be final and any appeal must follow the requirements of M.R.Civ.P. BOB. In the event the 93-15] _49_ user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. 16.8 Smeraencv Suspensions The Superintendent may Immediately suspend a user's discharge either with or without written or verbal notice to the user whenever such suspension i necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent o substantial endangerment to the health or welfare of the public. The Superintendent may also immediately suspend a user's discharge, either with or without written or verbal notice, that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment. A. Any user notified of a suspension of its discharge shall immediately atop or eliminate its discharge to the POW. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent shall take such steps a deemed necessary, including immediate severance of the connection to the POW, to prevent or minimise damage to the POW, its receiving waters or endangerment to any persons. The Superintendent shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings in subsection 16.9 of this Ordinance are initiated against the user. B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement to the Superintendent describing the causes of the harmful contribution and the measures taken to prevent any future occurrence. Said report must be submitted as least seven (7) days prior to the date of any show cause or termination hearing held pursuant to subsections 16.4 and 16.9 of this Ordinance. Nothing in this subsection shall be interpreted as requiring a hearing prior to any emergency suspension under this subsection. 93-157 -50- 16.9 Termination of Discharge In addition to the provisions in subsection 8.11 of this Ordinance, any user that violates the following conditions Is subject to termination of the user's Discharge to the POTW: A. Violation of wastewater discharge permit conditions; B. Failure to accurately report the wastewater constituents and characteristics of the user's 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 promisee for that purpose of inspection, monitoring or sampling; or E. Violation of the pretreatment standards in section 6 of this Ordinance. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause pursuant to subsection 16.4 of this Ordinance why the proposed action should not be taken. Additionally, the user may request an administrative hearing in writing within thirty (30) days of the decision of the show cause hearing. The hearing shall be conducted in accordance with the procedures delineated in subsection 16.7(C) of this Ordinance. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the user. Sec. 17 Judicial Enforcement Remedies 17.1 Iniunctive Relief Men the. Superintendent determines that a user has violated or continues to violate any provision of this Ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may request that the City Solicitor seek appropriate. injunctive relief pursuant to the laws of this State which restrains or compels the specific performance of the conditions of the wastewater discharge permit, order, or other requirements imposed by this Ordinance on activities of the user. The City may 9}157 -51- also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. The decision whether to seek injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. 17.2 Civil Penalties and Criminal Referral A. Any person who violates the provisions of this Ordinance shall be subject to civil penalties pursuant to 30-A M.R.S.A. 9 4452, as well as applicable civil or criminal penalties pursuant to 38 M.R.S.A. 55 349 and 1319-T. The penalties in those statutes shall be in addition to the specific penalties in this Ordinance. B. A user which has violated o continues to violate any prevision of this Ordinance, a wastewater discharge permit, or other permit issued hereunder, or any other pretreatment standard or requirement shall be required to pay a fine of not less than $1,000 per day and not more than $2,500 per day for each and every day of a violation for a first offense. These fines shall increase to a minimum of $2,500 per day and a maximum of $25,000 per day for as and offense of the same or a similar natureoccurring within two (2) years of the first offense. each day of violation shall constitute a separate offense subject to fine. 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. C. Pursuant to 30-A M.R.S.A. 5 4452 and M.R.Civ.P. 80X, the City may seek reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the coat of any actual damages incurred by the City. D. in determining the amount of civil liability, the Court shall be asked to take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions undertaken by the veer, the compliance history of the user, and any other factor as justice requires. -52- E. No person shall wilfully or negligently break, damage, destroy, uncover, deface, tamper with, prevent access to any structure, appurtenance or equipment, or other part of or otherwise harm the POTS. Penalties for violations of this provision of this Ordinance shall be a minimum $1,000 and maximum $10,000 fine for the first offense. A second offense committed within 5 years shall be punished by a minimum $10,000 and a maximum of $25,000 fine. These penalties are in addition to any penalties associated with other civil o criminal provisions of state and federal law which said person may be subject to for such action. 17.3 Filing a suit for civil penalties or making a criminal referral shall not be a bar against, or a Prerequisite for, taking any other action against a user. 17.4 The City reserves the right to make appropriate referrals for criminal prosecution pursuant to the provisions of 38 M.R.S.A. S 349 and 1319-T, as well as any other applicable Federal or State law. Additionally, enforcement of this Ordinance shall not preclude criminal prosecution for other violations of State or Federal law and the City will cooperate in any such prosecutions. 17.5 The provisions of sections 16 and 17 of this Ordinance are not exclusive remedies. The City reserves the right to take any and all enforcement actions or combinations thereof against a noncompliant user. Sec. 18 Supplemental Enforcement Action 18.1 Performance Bonds The Superintendent may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this Ordinance, a previous wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond with the City, payable to the City, in a not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance with this Ordinance. 18.2 Liability Insurance The Superintendent may decline to issue or reissue a wastewater discharge permit to any user which has 93-157 -53- failed to comply with any provision of this Ordinance, a previous wastewater discharge permit or order issued hereunder, or any pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POW caused by its discharge, which shall include naming the City as an additional insured. 18.3 Water Snonly Severance Whenever user violates Or continues to violate any provision of this Ordinance, a wastewater discharge. permit or order issued hereunder, or any other pretreatment standard or requirement, the City will work with the Bangor Water District to never water service to the user under District regulations, if applicable. Service will only recommence at the user's expen after the user has satisfactorily demonstrated its ability to comply with this Ordinance. Sec. 19 Affirmative Defenses to Discharae Violations 19.1 upset A. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph B are met. B. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: 1) An upset occurred and the user can identify the cause(s) of the upset; 2) The facility was at the time being operated in a prudent and workman -like manner and i compliance with applicable 06M procedures; and 3) The user has submitted the fallowing information to the Superintendent within twenty -faux (24) hours of becoming aware of the upset. If this information is provided orally, a Written submission must be provided within five (5) days, 93-157 -54- (a) A description of the indirect discharge and cause of noncompliance; (b) The period of noncompliance, including act dates and times or, if not corrected, the anticipated time period the noncompliance is expected to continue; and -(c) Steps being taken and/or planned to reduce; eliminate and prevent reoccurrence of the noncompliance. C. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. D. Users will have the opportunity for a Judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. S. Users shall control production of all discharges tothe 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. 19.2 Prohibited Discharce Standards A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions i subsection 6.1 of this Ordinance or the specific prohibitions in subsection 6.2(C) -(R) and (T) of this Ordinance 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: (a)a local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, andduring, the pass-through or interference; or (b) 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 RPDeS permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. 93-15] S. M 19.3 Enroass A. For the purposes of this Ordinance: (1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility. (2) "Severe property damage" means any substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent lose 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. B. 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 paragraphs (C) and (D) of this subsection. C. (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent at least ten (10) days before the date of the bypass, if possible. (2) A user shall submit oral notice to the Superintendent 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 act 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 Superintendent may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. 93-15) -5]- 20.2 The schedule of sewer user charges shall be subject to the approval of the DSP and the EPA. The schedule of charges may be changed from time to time to conform with new State and/or Federal criteria and to conform to the current costs of construction and O&M associated with the City's POW. The current schedule of user charges, the method of measurement and collection, and all other regulations pertaining thereto shall be available for public inspection in the office of the City Clerk and the Superintendent. 20.3 Pretreatment Coerces and Fees The City may adopt reasonable fees for reimbursement of the costs of setting up and operating the City's Pretreatment Program including, but not limited to, the following, A. Fees, not to exceed $200 per year pursuant to 38 M.R.S.A. S 413, for wastewater discharge permit applications including the cost of processing such applications; B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users; C. Fees for reviewing and responding to accidental discharge procedures and/or construction; D. Fees for filing administrative appeals; and E. Other fees as the City may deem necessary to carry out the requirements contained herein. These fees will relate solely to the matters covered by this Ordinance. 20.4 Surcharge Fees ". A. in addition to any penalties and flame required by this Ordinance and State or Federal law, as well as regular sewer use charges, the City may impose surcharge fees on any user that discharges into the POTW and the discharge causes or constitutes the following: (1) slug or slug load; (2) interference; (3) pass-through; -58- (4) excessive loadings, including excessive loading caused by high strength conventional este from anenpermitted user; (5) violations of pection 6 of this Ordinance; or (6) any other discharge which adversely affects the POW or increases the City's cost of treating wastewater in the City's POW. B. Surcharges shall not exceed fifty percent (508) of the normal sewer user charges unless said amount is necessary to offset the City's cost of treating thedischarged material, including any coats incurred by the City for violations of the City's NP08S permit. 20.5 All surcharge fees and pretreatment charges and fees shall be set from time to time by City Council Order and shall be kept on file for public inspection with the City Clerk and the Superintendent. 20.6 The City may establish fees for the disposal of hauled wastewater and special Agreements. These fees shall be consistent with, but not necessarily the same as, regular sewer use charges. e They shall be set from time to time by City Council Order and be kept on file for public inspection with the City Clerk and the Superintendent. 20.7 Interest shall be collected upon all unpaid sewer use charges, surcharges hauled wastewater fees, and fees and charges associated with pretreatment which remain unpaid after the due date. The rate of interest shall be as set by the Council for the payment of delinquent property taxes, which rate shall not exceed the highest interest rate allowed by State law for municipal property taxes. Sec. 21 Miscellaneous Provisions 21.1 Severability If any provision of this Ordinance is invalidated by any Court of competent jurisdiction, the remaining provisions shall not be affected and shall continue an full force and effect. 21.2 Conflicts All other Ordinances and parts of other Ordinances inconsistent or conflicting with any part of this Ordinance, are hereby repealed to the extent of the inconsistency or conflict. 93-157 To: Ad Hoc ctnuttee on sexsr sysf and conci c,ilivan From: Bruce N. Shibles, Assistant City Solicitcr Fa: ScS.er Ordinance �t Date: February 5, 1993 Attached to thus ma®randam is the first third of the p teed revisions to the Sexy Ordvancz. I w have the rest of the revisions ready for the Caumfttee on 1 Sdey night. The revisions accompanying thus renocandan include a statement of policy and fntet for the an expanded definitions recti winch almost doubles the umber of dafi tions, and three sections v h are In the current erdt ae hat have been revised in a housekeeping nanner for nasistercy parPeses. The egended muter of deft tics w' ll aid in Bangor's ability to enforce the Ordinance and many are suggested or required by the ERA. I am also including an outline of the whole rrvn ed Odinsnce to facilitate our discussions on Tuesday night. The outllre is as follays: Sec. 1 - General Provisions -includds policy inuant and definitiore Sec. 2 - Use of Public sears Required -Sec. 2 current Odirmce Sec. 3 - Correction b t Required Sec. 3 current Ordnance - Sec. 4 - Installatiwn and Connection to Public Serres Sec. 4 current Ordinance Sec. 5 - seder EMensions Sec. 4A comet Ordinance Sec. 6 - General Se Wer Use Fegtniteenis C inatlon of Sec. 5 of currvt OrdInance and new language provided by EPA -Includes prohibited discharges, local limits, pretreatrtent requirements, and special waste agreements Sec. 7 - Wastes ter Discharge - Permit Application -0u ins InAnstrial ueers lcvnit application requirement $e. 8 - Wastewater Discharge PPamits -Required of Signuficaot industrial Users Sec. 9 - Reporting RequLoaoents -Por users holding Wastextec Discharge Remits Includes City inspection ��ts Ss. 10 - Ccupliance N ittuhg - UhLnes City's right of ' e and smq ling of user sites -2_ Sac. 11 - Confidential 93-152 -All records fret users wastc+.ater is Public uN.ess trade secret or p i.etasy is ire 1l Sec. 12 - Publication of tsecs in Significant 4Un-Caupliawe L ty requixod to araivally publish such a list for t e users rot �lyfng with Prettestvent prcgrma Co ticos Sec. 13 - Private Sewage Dispo -Sec. 14 content adLance -Not sexvnd by public sewer Ss. 14 - Septage Disposal -Section 15 current Ordinaece -lncludes haulm wastewater Sec. 15 - ope'atim of Private Pagr Staticas and Trealaent Plants Sec. 16 cusmt Ordnance -Usually cmmectai with industrial psetcaatvent facilities ssc. 16 - Ftlntnsitrative Elifoxcaomc Pmedies -axpv section wa City's erforcareat pre a s; requited for UA c Iiawe -U l�s consent orders, a Strative civil Penalties (up to $2,500 per day), es r y permit suspension -Identifies the HnEoxcanent Response Plan, to be adopted by Co il, as the � by which the City en£oraes this Cs i e -sets W adednistrative tearing process sec. 17 - , icial Enforcmmt Pmediea -P step after �trative -Higher civil Pecaltfes aut Zed ($1,000 - $10,000/day, pat offense; $2,500 - $25,000/day, 2nd offeise) -Authority to seeps inj�ve relief aM to males criminal referrals to appropriate agencies Sec. is $uppleom mif�t A -Pafoaoarse bads, liability insurance, passible �ance of sten supply in o Junto:^^ with Water District Sec. Is - Affimaative Defenses to Discharga Violatims Specific defenses that may to raise] by users in enf�t actions Primarily far cimmoatavices beyond the control of the user such as upset or necessary bypass. - Sec. 20 - W eater Tteavoent Pates Sec. 17 current -Specifics as to rates, plus surche for industrial users whn don't aaRany with Pewits a all' pass-throucyr cr interfe a -Also seta Pretrea@ent Charges and fees including permit a i±catiore fees and � atlmSNsiratis fees. Sec. 21 - xisrellareous P isia,s ability, coflicts with other Ordixencas 93-15] CL Given the length of them proposed �, m other itere Rave beer: fonoallY t on the agarWa. I will be at the rieetixg alomJ with otiur staff meabes to arewer the Cmmtttee'a quee[imis. ThaNc Yvu for }wr Lure artl cwisid¢etion. �/jr ec: ed mxzstt (w/o att is ) Joico m...a ... (w/o atvctorent) Jim ° g (w/o attaokrent) �f Stm fel (w/o attackmmt) F ph Mia (w/o attactmmt) Ren Gibb (w/o �) X Jellison (w/o attarM ) 93-15] To: Bang i City Courcil�� BLvice N. Shiblas, A�slstant City Solicitor Be: Ee use Amerchent ate: Febmary 12,2, 19 199393 Atbxisxi to this n®ocmrlwi axe two rbcarents. The fixct is a proposed Pawlslon to the current Seger L e ordinuae. This revision fm elves repealing and replacing tia existing Orrllxunse. The secord fs a copy of a 2-5-93 meroxan-nm to the M Boc Cmmittee on Sexy Syatemn which contains a brief outlfna of t revisions. The proposed misions axe being sent a week ahead of first reading at tls direction of the C tree because of tie cmplexlty and length of the revisions. These revisions are reTrirat primarily one to recent EPA oeq�ts, ,including the need to strengthen t enfoxcecent of the City's indu ial pxetxv 4rest Pm =. no xe'isiora require passage in the very neer future because of an upersing EPA mat of the City's Publicly Ranee Treat wanks (I ). This audit of the Ppiw is schedule] to take P1 on t h 15, 16, and 17, 1993. Tis Committee has requested refe¢al to a Cowbil wort p meeting as a Committee of the wmle. The Camfttee also direcKsd staff to meet with tis cogent pemdttei industrisl Pretreatars in order to educate and discuss with the Pretxea tut tlsfr reslwisibilities will be urssei the new OttlUiaza'z. These discussions are scheduled to take place on February 24th. Staff wi11 bs sending the pretrzstess, as ue11 as the EPA, a copy of tM_ proposed ravision. Finally, the C ttse felt Urat it might be a good idm m fmve an EPA representative at t VbrkshW. If the BPA representative is agree- able, it weld auks seise m schedule the Fbrlshop tum that Person will be here ;n Nareh. I will he Pring future momma explaining various pmisiona of the Proposal. At this time, hvnew , I relieve riot the eatatled lead tL will aid m the cmamil's mica and deliberations. PNS/jr Enclosure pc: Fd Surest Som Qusttararo Sim Ring Fen Gibb Palph Nislw AL Jellison Erik SbWel 9345] AIRDRal8.Y81 M: gmgor City Council ,g�L($ ER: I1tuce N. Shihlee, Fliritot RE: 6brlc on �.[I11:arsa Fev3siolL4 m:Mash 10 30, 1993 mn'a m orandtm, fs to advise you that tl C it P kshop to mviea the tavfsiona and edditfons to the Serer Otdinarx:e will take place at 6:00 pn on Match 22� befom the regal IY scMAU H Council meeti:. m date was selected aft¢ wnsultation with s C ilom and a mv£aa of other acherhil ed mgeti during the week of tM_ 15th. 9 eha in soh mill nasn that the EPA mpmsemeti will mt to able to atte i. I will. hammer• be meeting with hvn duri:g his audit the week of the 15th. If any of you have any patticulax questiws for him ccnc�g IMA as they mlate to these @.dim:se teviainns, please contact me by Mash 15N az I will ascertain the anssr to your T'cctiorts ft[ID the EPA teem tive. If arty of ywv have other questa that you wish mseatctd or answered prior to the 22nd please do rot hesitate to mntact M. thank Ypu for }our tare. HKMORANBBH match 22, 1993 TO: Bangor CS FROM: Bruce Shi I. lty Solicitor RE: Council w r op 2Wer Ordinance Revision The purpose is memorandum is to summarize the contents of C.O. 93-157, a major revision to the City's Sewer Use Ordinance. Reference is made to my prior memoranda to the Council dated 2/5, 2/12, and 3/10/93 for other background information. Since the first reading by the Council, City Staff have met with the current permitted pretreaters and other. potential pretreaters. This meeting took place on 2/24/93. These users were all informed of the workshop date and time. Comments received by the users at the 2/24 meeting were generally positive and understanding of the City's need to revise its Ordinance. One major concern had to do with stays during an appeal and the time allowed to request an appeal. Staff informed those concerned that EPA regulations give little latitude on these issues, but that further research would be conducted. At this point, Staff believes that the timing for an appeal could be enlarged, but that stay issues should remain unchanged due to the need to protect the integrity of the Publicly Owned Treatment Works (POW) during an appeal process., The revisions are primarily concerned with pretreatment issues and the necessity of conforming the City's Ordinance with current EPA regulations concerning the proper operation of the City's pretreatment program. The Ordinance is designed to protect the environment and the integrity of the POW, as well as to allow Bangor to maintain compliance with its SPIES permit. Where latitude has been given the City under EPA regulations, the City has chosen the least restrictive alternative that still allows for compliance with EPA regulations. What follows is a brief summary of each section: Sectiolicyn 1 - This provision sets out a statement of intent and pofox the entire Ordinance. It also doubles the number of definitions, primarily in the area of pretreatment requirements. The additional definitions should allow for less confusion and interpretational disputes in the future. Sections 2 through 5 - These provisions are contained in the current Ordinance and have. been brought forward with few changes to the existing language. Section 6 - This incorporates some of the language concerning prohibited discharges from the current Ordinance, although the specific prohibitions have been expanded. The new Ordinance also does away with setting specific local limits0 n pollutants. Instead, the Superintendent is authorized to set local limits for listed pollutants, but those limits must be approved by the EPA and be technically based. Special Agreements, Slug Control Plans and Pretreatment Facilities are also authorized by this section. Section ] - This is similar to the current permit application procedure, but also authorizes the Superintendent to require wastewater survey forms for users as well. Section 8 - The existing permit application procedure is substantially unchanged in practice, but the revision creates more detail for the application process. The revision of this section also allows for specific conditions, both mandatory and discretionary, to be placed on a user's permit. Further, a new appeals process is delineated which will allow an aggrieved party to appeal any decision on the permit process. Finally, the revision authorizes modification and evocation of existing permits by the Superintendent, as well as the requirement for imposition of a compliance schedule on a user. Section 9 - Although this section of the revision sub- stantially increases the reporting requirement, including a specific description of analytical and sampling requirements, from the current Ordinance, this section does not represent a change in practice by the Superintendent. A prevision is added authorizing the Superintendent to request and receive information from nonpermitted users. Section 10 - This is an expanded inspection protocol that codifies current practice. Section 11 - This is a clarifying revision to the current Ordinance provisions concerning POTW data and information. This specifies that moat information complied by the POTW is not confidential and thus accessible by the public. Section 12 - This publication is required for significant noncompliers under EPA regulations. The Superintendent's current practice is to do this on a calendar year basis, therefore a suggestion has been made to clarify this fact in the proposed revision. Sections 13 through 15 - These provisions are contained, In substance, in the current Ordinance. They are sub- stantially unchanged, with the exception of some specific provisions concerning hauled wastewater. Sections 16 and 17 - These provisions authorize the City to set up an administrative enforcement protocol, a well a delineates various civil and criminal enforcement provisions. 93-157 Ample opportunity is afforded a user to appeal, through the administrative process, enforcement actions taken by the Superintendent. Besides the creation of a detailed administrative enforcement procedure, the most significant change is the level of monetary penalty. Current provisions have no authority for an administrative fine, and first offense civil violations are currently limited to aaximum of $1,000 per day. The EPA requires that Bangor seat a minimum of $1,000 per day for violations. For these reasons, -first offenses will require a $1,000 - $10,000 -range per day and second offenses $2,500 to $25,000 range per day. Additionally, vandalism to the POTW is now covered by a separate penalty provision, which would be in addition to any other state or federal civil or criminal penalties. The City's enforcement practice will be governed by an Enforcement Response Plan (ERP). Not every violation will require a fine, some violations will be dealt with on an Informal basis. The ERP has flexibility as its watchword, but the City must be always mindful that lack of diligence in enforcement could result in discharges which violate our NPDES permit, with the resulting heavy penalties from the EPA which that would entail. Section 18 - This offers the Superintendent alternative avenues to follow with regard to working with a pretreater. These provisions are similar to subdivision or other site development guarantees. Section 19 These provisions are designed to protect pretreeters from penalties in the event of totally unforeseen circumstances, such as force majeure or acts of God, which cause upset, pass-through, bypass or interference. In order to avail themselves of these defenses, however, users must follow a specific timetable of notice and reports to the Superintendent. These defenses are available at the administrative, as well as the judicial level. Section 20 - This provision expands the current provision which authorizes the charging of sewer use charges. Until the results of the rate study are known rates will be based upon actual water usage, if metered, type of waste based on use of user's premises, or other parameters determined by the Superintendent t0 cover O S M and Construction costs. Discounts will be prohibited without a Council Order. Abatements are not allowed currently and no abatement procedure is contemplated, although the rate study may address that issue. No parameters for granting a discount are included, although the Council may wish to add some. 93-15) In addition to the use charges, this provision also authorizes fees to be set for permits, applications, special agreements, surcharges for prohibited discharges, hauled wastewater, administrative appeals, and other fees necessary to cover the costs of the POW. The EPA specifically requires that the pretreatment program pay for itself and many of the authorized fees are delineated for the pretreatment program. The Council will be required to approve new fees and Changes to existing fees by Council Order. Section 21 - These are standard svrability and conflict s e clauses, although it i important to note that this revision takes precedence overall other provisions o£ the City's Ordinances which are inconsistent or in conflict with the new ordinance. The EPA has not reviewed this draft, but they have indicated that they hope to complete their review and the public notice and comment period within two months. The Council should delay second reading and passage until at least preliminary approval by the EPA, but Bangor will not be in violation of EPA regulations if second reading and passage awaits the final completion of the EPA process. The pretreaters have been encouraged to participate in the EPA process. Staff is willing to take specific questions back to the EPA should the Council have any at this point. Further, Staff remains willing to work on other changes the Council may wish, either in further work with the Committee or in future workshops. Staff remains confident that the proposed revision both complies with EPA regulations and does not represent a substantial changefrom current practice and therefore should not unduly burden current or potential users of Bangor's POTW. - Thank you for your time and consideration on these issues. pc: Ed Barrett Ren Gibb John Qu rtararo Jim Ring Ralph mishou Al Jellison Erik Stumpfel •SAM OUNITED STATES ENVIRONMENTAL PROTECTION AGENCY SI REGION F.BOSTON. 9 ry LKENNEDY FEDERAL Y IXG. SOSio H�MASSPCNO3ETf8@AS-]311 OCT 201993 Al Jellison Pretreatment Coordinator Bangor Wastewater Treatment Plant 760 Lower Main Street Bangor, ME 04401 Re: ReViaW of City of Bangor Sewer Use Ordinanc Bear Mr. Jellison Enclosed are reviews of Bangor's 1993 Sewer Use Ordinance (BUD) ("Laws and Ordinances of the City of Bangor - Use of Public Sewers and Drains") submittal performed by Science Applications International Corporation (SAIC). several of the comments taken.' - from SAICfs review are provided below. Sewer Use Ordinance - Bangor must incorporate a definition of Total Toxic. organics (ITO) as the list of pollutants included in 120 Parise with the type of categorical industry; - - Bangor must revise its list of pollutants that may be regulated through local limits to include any pollutant that -,'ye'. has the potential to cause pass-through, interference fume toxicity, etc.; - Bangor should revise its definition of national pretreatment standard, and significant industrial user; - Bangor must revise the reporting requirements for slug loads; - Bangor mustrequirethe use of analytical methods approved in 40 CFR 136; Recommended Action - Please revise the Sewer Use Ordinance to comply with the comments above and the more detailed comments provided in SAIC's review. If you have any questions concerning. the information presented in this letter, feel free to contact me. at 617-565-3551. Sinperely' ZChriisl4RaMNan4G�..er,r Municipal Evaluation Section enclosure cc. Jim Jones ME DEP (w/encl.) LEGAL AU ORRY AEVQ;YI OF THE CRY Of BANGOR, MAWS Fi Re Sywmbc IM SubminM W: Q.B. Eovimommul Pm tioO AMm Re8iool lobo F. K My FM RuilEioe B ton, MA 02]➢3 Submitle{by. Sdeum AppEfet A MlmuetiwH COOwntiov ' Lepike Fe11s Q Churth. VA Vq y1N3 EPA Coo NO. 68+X , WA No. C 4 (P) WC Fmja Na O(0834dli JU Iles moJg+ beu fiW l lug ap,math FM ! Gum tke U.S. Favi�oomuW Pm6ctioo A y WA) Offu of Wmtewa¢r FNamemmt=;S Cump4aoce wdn Coewct No. 6"8O 66, WA No. Cd M. nc m dm of 4ade . •. comes. mmmucW PrM , or aqmivl b cot i¢ iY uborsemeot by the U.S. Govemaest C3 t s bocomut wu drvdopad and repmdocatl mw8 myclM paper. 9}15J Iles moJg+ beu fiW l lug ap,math FM ! Gum tke U.S. Favi�oomuW Pm6ctioo A y WA) Offu of Wmtewa¢r FNamemmt=;S Cump4aoce wdn Coewct No. 6"8O 66, WA No. Cd M. nc m dm of 4ade . •. comes. mmmucW PrM , or aqmivl b cot i¢ iY uborsemeot by the U.S. Govemaest C3 t s bocomut wu drvdopad and repmdocatl mw8 myclM paper. ACRONYMS AO Ad®yaYetive ONa BAT B� Avu Tmimrm HATEA B Av. kTochvolg Emomiully Aduevcble BCT Bal Coowl ToSnology BMP Bat Mcoegemmt Ruction BMR B mMcwwwg Rryon BM Bww euW BOD Biochemical Oxypo Cww BPI Hut Pt f( on l jud v H" Be Rmticahk Touhmkgy CERCL Compre ve F'a� Riwoum, Compemmiao, and ticbiliry Act CFR Code of FM Reguktioas _ cm catgonca to aUam - COD CMm Omy Demepd CSO Combioel Sm Ov lcw CWA C Wena ME CWF Conbi Wurcauum Fmmvk DMR Dimhmgs Maoi gRmoN DSS Domtic9 pswy EMS Evf cement Meoagemmt Syswo EP E oa Pmmdme EPA Eovuoummml Pmmction Agency FDP FmMm HyDiRema Fmlm FOV Fiudiugof Vioktion FOG Pon, Oil. and Gmue FR FMtr Regisw m Poll -Time FgWi cm MA now-Wggh Avmgivg FNRCA Fd wow Pollution Couwl Mt GC fs Ou tkmmampaph/ Spoar*otnm yy Wd gallon Pm day I+! ]vfilwtionaod tv➢ow N Ind pV3 Induwial aW Survey MARL Afto Muimum Allawbk Hadwmte l.md'ug MGD MillionG ovaMOD -mJtipume P's li mw MOU MewtmdumafUvdmuaudivg MSOS Mi(aiel SeTSome NIOSH National Netiwe mmOf Omqutioml Safety mdHdW NMP National Mueicilvt Patiry N Natioovl ommkch tpup EHmimtiou Sya4m NON ON fNv mPlierc< NOV moti Na6cuof vwVkkfiw .. OCPSP Ov Chemiule, PIuEm, aed SyvOmic Fi'ma O& Oilfi and Grtue OS(M Opeation and Mai OSHA and=1 Oaaptiouag&fdy HulO Admioiativtion OWEC OfimafWnci Ev(artemme cad GmpF•...- - '. ACRONYMS fCPutintredt PAD Proportraom AmW Domestic Flaw PAH Paltmmlmr Arowdc Rydraytwa PAI Pmgnrtiawl Amml IVEumial Flow PAM Pimntmat AWit Summuy System PCB Polychlorimvtl Biphenyls PCI PmirwmmtCumpliette tmpemiup PCMB Complima Monitoring and Enfortemevt PCS Pvmit (bmplimm Stam PRT PretruweW lmpkmmulion Review Tvk Forew WIN Publicly Owned Dmsmmt Works PFd Wuud+per clay ppm peace per miWon PPb pp M billion - PPETS Prtnevmeal Pmmi4 Trss s Syam PQR Permit Qua4ry Review- . PSM Prammvnt Smududs for New Sowm PSFS Prtnrament gmodeNe for Existing Sources QVQC Quality Cartrol - QNCR Q dy Noncecop mReport RCRA Remurce Cwservetlm and Bawtry A6 .: ANC Repormbk Novmmpfimm.' SARA Suppfimd Amendments and Reauthonmtion Act SIC Smndafd helmArial Clavifimdw SBI Sigoifiunt rndumial Umt SMP Solvate Mmagement PIM - - SNC Sigwficmt NavamP4uce. SPCC SPiH Prevendm Cwtrol and SPMS Strategic Pleating and Mmagroeot Sye STP SmneTmp tPlatt SnC Soluble ThrnWld limilCwcmlmlim SUO Sewm Use, Ordivuce SWDA Solid Wmp DispaW Art - TCIP toxicity ChvecmriAic ltacbam Procedure TDs TOW DiuWvW Solids nCH Towtdentrfiable Chlorimled Hydmcarbonr mw Toxic Orgmk Mmmgemevt Pim me TaLvid Heview Critmia lltE Toxicity PWOWCMI 5wleri .. .. TSS row Srmmtled Solite no raw Taxk Orgmim US(: raWT4icicrs mil Cavemeruiw USC ., Soup CWe VOA vow Vokdie Organic Amlysu VOC Vowidesavw - VSS W gimded Solidi sems WR Ngr Warp Evrmmment Netiaml Dart Bate - WQA Wuu Quaity Act WQS Warp Quality Slmdude WWIP WceK.Wet Tmtment Plm LEGAL AUTHORITY REVIEW OF THE CITY OF BANGOR, MAPIE L GENERAL COMMENTS A legal awbonry miew bac W woducui of Propcml Chapter V. Atmd, 9 of We Uat; and Ordmaous of Ne City of Bangor (City)—Um of Public Bewen and Dmina. The wuat cf Jw review sou b demount whether Ne City will have We a,quate legal awhomy to implement sad mforee a prxmtumt pmgnm. AlWough We City', ptopocW wwer six oNuana W lmsm, mrt of tbe legal authority alemmm rquirM by We General Prertummt Regulatiow, it is wdeciuete to mare wmpliwm with We Geuaal PNreatmwt Rephoioos wI foM in GOCoale of FcieN Regulations(CFR)Part 403. The following comments and atbchM legal authority checklist identify proviaic w for winch mvi&cm are either (1) ptttuary baatue , We rysific legal audmary Wat will be providM by the propom] ofdiamm i, mormigtmt wild We Fa]enl ptGreelmmt tegulamamw or 2) tsommeodN W strengthen or clarify the propom] oNwaam 0. COMMENTS CORRESPONDING TO TFIE ATTACHED LEGAL AUTHORITY CFIECIWSI' All mmmm¢ below mmmpcod to We Imobm legal autbonry checklist. from idmafted as 'No Revision' wwiy wiW the minimum Frdaml rmuiremevu. Ilems idmtifiM u'Revision Rmommmda]' provide amepWble legal aatboritia Wat may be prtvgthma] trough clarifying revisions. Items identified an 'Revision R nmol- either are missing from We proposal mrdiaznce or are wmosucent with tho minimum legal authonry rquiremmts for approam Publicly OvmN Tmtment Works (POTV) preLertmeat prosym,a A. Definitions (3) Industrial User- Revision Rummmmobal The onto s4ial Uses' (III) is de(mM in M CFR 403.3(h) as a source of b dinct ditthugw 'Indirect disdurge- is define] m M CFA 403.3(g) as We diaLerge of Poilutmts into a POTW from my nnndomeatic muroc regwatm under Sections 303(6). (c), or (d) of we Con Waw M (LwA). Bmtmrt 1.3.UUU mines 'mass at 'a mune of wdima di olaarga' Session 1.3.W defwm'uthrmt diubarge- u'ti e wtrMuctim of p011u4nu into We POM From my noodomutic source regulatrd order Sctioa 3%(ls), (c), or (d)Of the ACL' This,th« wens are defined similarly b We FMetal definitions ofindustrial mei and -indirect dix6uge.- Sectioc 1.3.X de0ws'udusnul uses' as say mar, -ivclodwg agncWtore, forwry, fishing. mmme, msnu(actusing. trim artatim, mmmuwimtion, electrical, gas and smm ry cervico smd other . inducuial wviw discharging sib the POT W my mduswvl waste, or discharging mm the POT W any wsste other Wan domestic aePtage. Howaver, bszuss Sstim 1.3.UM dltaws; the W= -user- md'indugnal wars: the City's Pmposrd ordwearo maatizily defima the wm'industul nsm- w two different ways Bemuse Wa City's propaad ordivnvce dw not wwbw my Pf°tnsicm Wass are a lin61e W'ivdmhial tads:. this Probably will not affect the City's legal authority b mmoe its Proposed ordinance Provisions. I 3 p It TV FamrmrvrwBcromawwaraarrwcuc - 93-157 Nevmhtlw, to avoid soofianw, it is recomcended NL the City min its pmW W aNiumceW wmct tbu limbless. Add(owl U` mmevla on Oefivitiaos +r • �-Revisiooe Rsommadel --'j'. Sstioo 6.7.B of the City's pmWsN aNwoce uses the wren =O'. However, Wit term u not hfimi _ in the propotd oriivauce To clmly incluse which Wllutams are repo" under the Wrm'TTO', it is ruvmmeodd tWt the proWaed ordimum be «vied to define rhe tum pod W list the specific Priority TCO pollutants (such u all mgmic priority Wlluaou). B. PtowbiW OixWr¢m General (bmmmt- Rermim RacmmmdW Section 6.3 of the Oty's propwN ordimucs arias that if any wovtewste+t or abler wura lisbl under Semon 6.2, which sets out gtectfic ptohibitiws, are Nschuge] m Profmni to W dixhmged, time Supmio2odeot my: (1) r%xt the watuwamr or other mounts: (2) requite Prurearmm[ W an acceptable condition for dixWr8e to We W blit sewer; (3) require coortol ova We 9umtities avdrsbz of tlixharge; aM/m(C)require paymw't to cover We adiN rets of h1ud4vg and hearing the ussm. This provisim preeentt a I problem Csaun it could Minompruel as prt4Wiog evfotcemat for violations of its prohibitions in Sxtiw._..; :t.. 6.2 until rhe City hu ukm cost of the spttifid actiens nod finds that We violation wotwues. To remove any _ wnfuion regadwg We City's ati ity m Ging sn mfoameot sstiou for violations of Ne pmhibitious u Section 6.2, it u'stmogly rewmmendd Wu Su60n 6.3 be revial b Bute clearly that all violations of Section 6,2 may subject We N tom enfomeamt attics, milardien of clan respovsu Colors under Section 6.3. =b a (3) Oral fimiu Oeveloormrt- Revision Ruommmdd Under 40 CFRd .5(c)and(d)We City must adopt sort mfotro specific limits that implement the " gaol sod sperifie PuohOuitiass of rhe G Prettutmmt Regulation. loin Bolts am coosstd pte4brment sunduds. grow 6.7.31 of the Ciry's proWm't oMinantt gross that limits m be W for'uuitic, - brivm, Minium, chromium, wPPu, ryaoide, lead, metary, nickel, oil ad gtea`e and abler petroleum Or mineral oil prWucts, silver. TPo, aed me.' 'Ibis Provision futWu srrm that that Bre my he amendd'm required by the FPA or henuse of new industries floor wish b disWuge w We PO3W.- TWs Provision may restiim Wl City's amlootity to devdcp bbl Bmits for pollurvr that ue not specifimlly liafd. Therefore, it is mvmmmde'I Wt Pmpxed Section 6.7.8 be revised ro indium that Ictal trouts can M develapd for my olher Wuutant deamd appropriate (IndWing WBuants that nose pars Wrcueb, inrderssm, worker health and story gabiems, etc.). 2 .as (4) N' 'sol - Rev don Recommended N eumdevw said, 0 CFR <Ol.g(N(U(iiJ, We City muse require wmplience wiW applicable moradmaut studeNs evtl mryiremmts, wclWwB Pohibibi discharges. Irl limits, and caregoriW pretreatment standards. Section 6S of We City's propaW otdirmusi properly the categorieY standards by reference red regwres wmplianw with aides smoduds by r0 IUs. Pumumt W this Provisioo, the City has the adarr a legal authority,=forte all categoric pRtvtmwt atmdards that have duo PromulgeW as of the Nm the city's oNwance is adopted. Howevu, trocars wwryanlion by refuwe moat likely Duly applies re Dom 4aoderda promulgated by We U.S. EnvimomnW Promotion Agency (EPA) u of the clam We City's propoeal ordwauu u dopud, my Frdual umgoriul structures muspW by EPA after the City costo its prows i formawe may not be covered trues. If the City does not have the power under StW law W wwdµmate uvpromulgabi regulations, it must Mies, the Ferrel deguertiow rtn lady ad tzvact its awn ordimwq as moon ry, to crime; rhe wfaombility of fres, or revised categorical dereards. D. Rmu'te Deve Decen=t of Comoi=w Schduu and Seems (2) Reoosse Resu'wmectts kxKi §uZ • Tvty of Rrmrca Nntia of Pntmtial Problems - Revisiw RejuitM As sed forth w G CFR 403.13(f), all users met codify We City immediately of my ditthnge that could cause problems, schol slug IOWsga. For the farmers of 40 CFR 403.12M, a'dug loatlwg' is soy discharge the could some a violdim of the prohibited discharge members w b CFR 403.5(6). No proposed - - - oNs ore ptovisim mes ifiwRy aticlrevu this Fduil oemifisotiDe requiremwL Section 8.B.A does set out . caludidio=that the Gly vviii include s all discharge perem. Pumaadd W Sxtim 8.8.A(4), the City will include s PermiW'wlf-mowtods6. vmpls6• rcporUng, ootifiaicn, =tl ravMYapsg ryaremvu' Under Nex - _ sutivm, the City waWd have the legal authority to require mtifiutim of facilitated problem from premiums ready, not from all In, as required by 0 CFTC M3.12(0. 1Lxkre, tate Gty must revise its proposed _ ordimvu b tuddrm this netifiesticn requiremnL The City is advised that it my it W Miro iq=Myr defivitim for the raise 'slug load' when duchies aur appropride provision. The City defivu'slug led' as soy i inch" 0W 'in =wmhatiav of my given eremitism or in speedily of flow uuetls for any pvicd of duration longer then Nitrate mwumi mare time five times We average twenty-four hour cmwnvusn Or fiowa - during wrood eperadiw.' no proposed Ordinance series that the snm also'applief W my discharge of a vuoromies, episodic ewe, s4ds8. hot vm limited W, = wcidsmid spill or a vovcunomry brob dimmigo' The City's preeot defwliwef'slug lead' is tet mmidaid with We defmlianef Ne 4) CFR 403.12(Q vatifiudiw reryirtm=L Therehte, if Oe City cans Ne tem'slug load'sdhe pWvuioo imgvmg Itis votifiWiovregsrem=t, it tvuu ante cl=dY that, for the pompoms of Nat preposd ordinaore regsrem=e,..; a n x a Jug lend is my discharge that ming) now a mutation of We gemod pmbibitiws by Section 6.1 and We specific prohibitions; in S ion 6.2 of the proposal ardiveo[e. - Notifi®tioo of HanNous Wastes Oiuharm-Emnsioo liryovM Foment to 40 CFA 4(5.12(p), an N mune notify Ile City, the Sutq and EPA of soy dicharge that could I s mosidetM a havMms ways if disposed of in a diffemat roamer. The Ciry's pmgwf urdiumce does not same; ms notification rryuiremmt and moa he revised accordingly. .. E. Tat Procdures - Revision Awryiroi 40 CFR 403.12 eWm that wepnveter tempting sand analysis for the limit Buono pmt program be eooduaM using the methMs and promAo es in 40 CFR Part IM. AanNiog W 10 CFR 903.12. where Put 136 dar mit mn4in sampling or anilytial t¢lw9ua or cabers We Administrator danmmus Joe Part 136 Procedures are inappropriate, sumpLmt used malysa shall un validated method or applicable procedure -. yprovM by the Admimstrabr. Suction, 9 ] of the aty's propeud otdioanm rerynn stripling and analyas W be Performed in accoNaoce endo the techuques requited under 40 CPA Part 136, hoYmv Section 9.7 goes m In pee flet vbere Pett 136 dome not miwaim numbing or malytical xchmgnc, sampling and anaysu map he performed in m mboa with stmdN method Section 13.* r I defuses 'Jundaril methods' u "medoa)s approved by the eagmeedng proRvimfor the commotion of cause used wsstewattr. MedoNalogy approved by, smog others, doe Ameriaan Wuter Works A.SSOmmon, the American Public bW0 Amociarm, the WPCF,- or cutified by writing as epprovai by the EPA....' This is net ministers with the Federal requiremmu. bs the event got Pan 136 dons sea include a rumpling or analytical prwdure fm a pollusam, or that a Pap 136 me lmd has bury de@tmimd by EPA b be inappropriate, the selection and approval of an appropriate procedure _ must occur on a caahy� basis through a formal EPA approve pr c Therefore, the tinting of pteroetive PsocedUre be she Clty's Prcpmad otdinmm is wappmpiase. The Gry must abler revise Section 9.2 b irdiuse the appropriate alternative procedures or uviu it defrmoa of'admdaN tteNMs' by Sonim 1.3.L to indiwe the appropriate ammative psonNuses. A. Definitions (to zsublis, program scoliN(403.3 and CO3.8(D(2Hvii)I 1. Inmr(erence - 2. Itus through 3. IvdasWal veer (or equivalmQ 4. New source 5, National pmmtmeot SvuWd 6. Pretreatment rcquiremeot 7, Siguifi=t Mutual usur 8. Sievificant noewmolixw J LIM J 1.3.JJ J 1.3.Wp J 1.3.6E J 1.3.1T J LISS J 1.3.GG J I.3.A5 B. Probibittd Diahargv 1. General pmbibitions(403.5(a)) • Inlvfertoce • Pass tM1rough 2. Specific prohibitiom[401.5(b)] • FiNexplasive hazard l60-C(14PF) FluM1pcinl] • pH/mansion • Solid or viwauslolostructiun • Flow nte/mnavtntiw BOD, ar,7 • Heat(ex•buis Q.C(104°F)at pOTM • peuoleum/nwbiWegndeble cuuiug(minaal oils • Toxic gaasnapoNNma • Tmcrallauled waves 3. l Ilimitldevelopment(403.5(c)and(d)j 4. National mtegoneul stmdarda(403.8(()(1)(H)l S. Prohibition against dilution as tretmeot 1403.6(d)I J' 6.1 J• 6.) ON J• 6.2.A. J' 6.2.8 Ja. 6.2.0 J• 6.2.D J• 6.2.5 Je 6.2.F J• 6.2.G 6.2.N NV 6.7 J 6.6 6.5 C. C nlml Di moue ee to PON! SyNw I. Deny/wndl ion new or streams comnbmiov J 3.1; 6.10; 8.10.8; 8.11 (403.BfD(1)(i) J 6.1; 6.2; 8.8.9; 8.8Ah) 2. Wividml control mechanism (e.g.. perms) to ensure computer" (mandatory for SIU51140].8(t$I)(iii)] J 6.11 3. got development of slughpill of=(40I.8(I$2pv)l D. Require Development of Compliance Schedule aM Reports I. Develop complima soluelule for iamlhtime of J 8.12 tecmmlogy [403.9(IX OOv)] . 2. Reporting rtquiremenn • Types of mports . Baseline mo imdog report j4M.12(b)] J 9.1 -y J 8.I2.D; 9.I.BM; 9.2 -. Compliawe uhedule progress report(mKi. 12(c)] J 9.I.B(4-6);9.3 - Report on compGanm with ntestoncea dWlioe (403.12(d)] -: Periosts: compliance report — From Megan®I users 1403.12(e1] J 91 Or 94 — From significant macategoncal users (403.12(6)) J 1.3.111; 8.8.A(4) - Notiu of pmatial problems; (slug lads) [403.12(f)] J 9.6 - - Nolix of violetioWrvnmpling sequins t 1403A2(g)] ! 9.5 - Nmice of chunged disbarge 1403.12611 J No pron.ron . Notifirst of bomrdous waste discharge 1403.12(p)1 . Omer requiremenm - Sigoamry/ztnfiutioo «quvemeo¢ -- APpropmte O&Mlprerea mem antifiatioo (403.12(6)(6) sod 403. Me)] 4, ]3 — Dau accmem, ceni(auonhmhor'veA sipmary C13 e)FDNBI+N CC ION LANGo0.t9ANO0e.LAC Reward teasing raviremml(3 years or longer) I J I I 1 9.11 E. Tent Proce'lur¢ (40 CFR CAN 136) J 1.3.111; 9.7 F. NsPrztion end Monaanne Pracedures[403gbR1)(v)[ 1403.e(MU(vi)] I. Right In Coat at reasonable limes J to,] 2. Right o moeiN generally for wnwlimw ! 10.1 3. Right to tate iudef,mtlem samples _ J I0.1 4. Right to raluire lnsullmim of Mounting ryuipment J 101.1) 5. Ri¢hl to luspat hard copy reccros[403, 12(o)(S) J 101 G. Remedsh for Noncomploms(Enfnurnem) 1403.e(MU(vi)] L Nonemergency asponm • Injunctive relief • CivillMnumal Penalties(minimum SL000 allay) 2. Ealergenry«slaou • Immediately hat actual/threstenm discharge RVII H. Public Participation I. Publish list of indbsonal users in significmt noncompliance[4W.8(0(2)(vii)7 ' 2. Arras to date(018(f)(1)(vii) mtl 403.14) • Government • Public Docuutimns) submitted for review: OMivance ameMing Chapter V, Article 9 oflhe four ana Drdurences of the City of Bangor—Un of Public Sewers an! Dozens. 91-15) SE 2. 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 Section 1(b) or (c) above, but otherwise alters, replaces, or adds to existing process or production equipment. 3. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (a) Begun, or caused to begin as part of a continuous on site construction program, (i) any placement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are Intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without sub- stantial lose, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subparagraph. M. Noncontact Cooline Water: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. M1. Normal Domestic Beware: Sewage in which the average concentration of TSS does not exceed 250 mg/l and in which the five (5) day BOD does not exceed 250 mg/1. COUNCIL ACTION Item No. Date February 22. 1993 item/Subject: Amending Chapter V, Article 9 of the Laws Ordinances of the City of Bangor -- Use of Public SewerS Responsible Department: Legal Sc ANeO o Hoax rya-/a`G 93-15) pga S- 9-34 oei s.ox VIA. and Drains""ME4 The purpose of this amendment to the City's Sewer Use Ordinance is to maintain compliance with current EPA regulations concerning the operation of the City's Publicly Owned Treatment Works (POTW). This amendment will repeal and replace the current Ordinance. The primary areas of change are: 1) an enlarged definitions section; 2) an expansion of provisions dealing with prohibited discharges, industrial pretreavnent, wastewater surveys, wastewater permits and monitoring, inspections and compliance; 3) an expanded section concerning administrative hearings and appeals; 4) enhanced penalty provisions for violations, including imposition of administrative fines; and 5) the specification of how sewer use charges are to be billed and authorisation for surcharges and pretreatment program fees. (cont'd on next page) ' Department Head Associated Information: 2/5/93 and 2/12/93 Memos, Minutes Of the C n \ 2/9/93 Meeting of the Ad Hoc Committee on Sewer Systems (eo y�Mb.'.-A_.- m Yn,l Finance Director city Sol'c'tor Introduced For Passage x First Reading/9) i % Referral to Council Workshop Page of _ 93-15) Use of Public Sewers and Drains cbnt'd Since the attached Memos and Minutes were prepared, contact with the BPA in Boston (Chris Reacher) has determined that final passage of this amendment should wait until the EPA has published a notice and solicited public comment. Because new wastewater discharge permits will be issued shortly which contain references to the new Ordinance, Mr. Rascher indicated he would move that process along as quickly as possible. Mr. Reacher did indicate that he might be able to attend the Council Workshop if it was scheduled on either March 16 or 19, 1993 (i.e., while he is in the area conducting the EPA audit of the City's POTM). He would be able to answer technical questions from the EPA's perspective concerning pre- treatment issues. The Council has previously been sent a copy of the proposed amendment. Some very minor changes have been made to the amendment since that mailing. This agenda contains only the first page. A complete set will be available for each Council member and for Staff and members of the public on February 22, 1993. At this time, Staff would recommend approval of first reading and referral to a Council Workshop. Second reading would take place once the EPA has undertaken its public comment solicitation obligations and review and submitted any required changes to the City. I 14 93-15] AmiPM U Caunnlor Cohen, February 22, 1993 CITY OF BANGOR • Amending Chapter V, Article 9 of the Laws and Ordinances of the City of Banner -- Use of Public Sewers and Drains Be A ontainvi by Bw City Conmeg ofSte Cib ofBaawr, as faEome: THAT Chapter V, Article 9 of the Laws and Ordinances of the City of Bangor be and is hereby repealed and replaced with the following: ARTICLE 9 - USE OF PUBLIC SFNBBS AND BBAIBS 1 Sec. 1 General Provisions 1.1 Purpose and Policy.. This Ordinance seta forth niform requirements for users of the POTW for the City of Bangor and enables Bangor to comply with all current State and Federal laws, and future amendments, including the Clean Hater Act (33 DEC S 1251 at seg.) and the General Pretreatment Regulations (40 CPR Part 403). The objectives of this Ordinance are: A. To prevent introduction of pollutants into the POTw that will interfere with the operation of the P"; B. To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW; a 93-152 ORDINANCE ,3 IN CITY COUNCIL �' _ nfn '('TIiLE.I Amendine CM1avter V, Article 9 February 22, 1993 Received 1st reading - - of the Lava and Ordinances s of the City of Bangor Re red to Appro® priate CvLttee.. Use of Public Severe and Uraine - & 9µ CITY RK IN Cr naas,m PrLXV I to C !Lman In City Council November 22, 1993 Passed As Amended by Substitution Vote 8 Yee 1 Absent Absent Councilor Stone Voting Yes Baldaccl, Blencbette, Cohen, Popper, Shubert, Saucy, Sullivan, Tyler «2T ty Clerk -' )i -2- C. To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations; D. To protect POW personnel who may be affected by the wastewater and sludge in the course of their employment and to protect the general public; B. To improve the opportunity to recycle and reclaim wastewater and sludge from the POW; F. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW; and G. To enable Bangor to comply with its NPDES permit conditions, sludge use and disposal requirements, and any otherFederal or State laws to which the POW is subject. This Ordinance shall apply to all domestic Sewage dis- chargers and other users of the POW. This Ordinance authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of caste resulting from the operation of the POW. 1.2 Administiation. Except as otherwise provided, herein, the Superintendent of the POW shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other qualified City personnel. 1.3 Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: $. Act or "the Act": The Federal water Pollution Control Act, also known as the Clean Water Act,ias amended. 33 USC §.1251 at sea.. B. Aouroval Authority: Regional Administrator of the RPA Boston. -3- C. Authorized Representative of the User: 1. If the user is a corporation: (a) 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 (b) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to Sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or 2.. If the user is a partnership or sole proprietorship; a general partner or proprietor, respectively; or 3. I£ the user is a Federal, State, or local government facility; a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee. 4. The individuals described in Paragraphs 1 through 3 above may designate another authorised representative if the authorization is in writing, the authorisation 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. D. Biochemical Oxvoen Demand: The quantity of oxygen utilised in biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade (20°C) expressed in milligrams per liter (mg/1). -4- e. Euildina Drain: That part of the lowest piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside a building and conveys it to the building sewer, beginning eight feet (S') (2.5 meters) outside of the building wall. F. Building Sewer: The extension from the building drain to the PCTN or other place of disposal. G. Categorical Pretreatment Standard or Categorical Standard: Any regulation Containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(6) and (c) of the Act as amended (33 USC 5 1317) which apply to a specific category of users and which appear in 40 CPR Chapter 1, Subchapter N, Parts 405-471. N. Categorical User: Any user of the City's wastewater treatment system whose discharges are regulated under 40 CFR Part 403 and 40 CPR Parts 405-471, or who is otherwise subject to U.S. EPA pretreatment requirements as a categorical user. I. City: The City of Bangor. J. City Engineer: The City official appointed and designated by the City Manager as the City Engineer for the City of Bangor. K. Color: The optical density at the visual wave length of maximum absorption, relative to distilled water. One -hundred percent (100%) transmittance is equivalent to zero (0.0) optical density. L. Combined Sewer: A sewer receiving both surface runoff and wastewater. M. Composite Sample: The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. N. Discharge: Any substance knowingly put or allowed to flow into any part of the City's POW. -5- O. Discharger: Refers to all industrial users, including "Categorical Users" and "Stgnificant Industrial Users' as defined in this Section. ^Discharger" also refers to any non -industrial user of the City's POTW who discharges wastewater into the POTw. P. Domestic Sewage: Water and water -carried wastes and sewage, normally discharged into the sanitary severe from dwellings, including single-family homes, multi -family homes and hotels, from office buildings, factories and institutions, but not including storm water drainage or surface water drainage and not including industrial wastes as defined in this subsection. Q. Environmental Protection Aoencv: The U.S. Environmental. Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency. R. Excessive Loading: My discharge resulting in a BCD or TSS loading in excess of 350 mg/1. Where a correlation is established between BOD and COD or TOC, a discharge in excess of the equivalent COD or TOC loading shall constitute excessive loading. S. Existing Source: Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. T. Garbayet Solid waste from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of food products and produce. U. Grab Sample: A sample which is taken from a wastestream on a one-time basis without regard to the flow in tha wastestream and without consideration of time. V. High Strength Conventional Waste: My non- industrial waste of a substantially greater density, toxicity, or acidity than normal domestic sewage, including all wastes likely to cause •excessive loading" as defined in this subsection. -6- W. Indirect Discharge or Discharae: The Introduction of pollutants into the Pon from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. X. Industrial User: Any user of the City's PDTW, including agriculture, forestry, fishing, mining, manufacturing, transportation, communication, electrical, gas and sanitary services and other industrial services discharging into the POW any industrial waste, or discharging into the POW any waste other than domestic sewage as defined in this subsection. Y. Industrial Waste: All water, water -carried solids, liquid and gas wastes resulting from any industrial, manufacturing, or food processing operation or process or from the development of any natural resource or any mixture of these fluids and domestic sewage, or any mixture of these fluids with any other water or with any other liquid. E. Instantaneous Maximum Allowable Discharge Limit: The maximum concentration or loading of a pollutant allowed to be discharged at any time, determined from the analysis of any grab or omposite sample collected, independent of the industrial flow rate and the duration of the sampling event. AA. xnterferen A Discharge that, alone or in conjunction with a discharge or discharges from other sources, both (1) inhibits or disrupts the City's POW, treatment processes or operations, or its sludge processes, v ordisposal; and (2) which thus contributes to cause a violation of any requirement of the City's "DES permit, including an increase in the magnitude or duration of a violation, or of the prevention of Sludge use or disposal in compliance with statutory provisions and regulations or permits issued under Section 405 of the Clean Water Act, RCRA, the Clean Air Act,. SWDA, the Toxic Substances Control Act, the Marine Protection, Research and Sanctuaries Act and any State regulations contained in any State sludge management plan prepared pursuant to _7_ BB. Medical Haste: Isolation wastes, infectious agents, human blood and blood products, patho- logical wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes. CC. Milligrams Per Liter: This term shall mean a weight to volume ratio. The figure appearing before the symbol "mg/1^ shall be the number of milligrams to be found in one (1) liter of the substance being tested. This figure can be transposed to pounds per million gallons of water by multiplying said figure by 8.34. DD. Natural Outlet: Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater. EE. New Sources 1. 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 which will be applicable to such source if such standards re thereafter promulgated in accordance with that section of the Act, 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 sub- stantially independent of an existing source at the same site. In determining whether the sources 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- 2. 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 Section 1(b) or (c) above, but otherwise alters, replaces, or adds to existing process or production equipment. 3. Construction of anew source as defined under this paragraph has commenced if the owner or operator has: (a) Begun, or caused to begin as part of a continuous on site construction program: (i) any placement, assembly, o installation of facilities or equipment; or (11) significant site preparation work including clearing, excavation, or removal of fisting 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 aasonable time. Options to purchase or contracts which can be terminated or modified without sub- stantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subparagraph. FF. Nencontact Cooling Water: Water used for Doling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. GG. Normal Domestic Sewage: Sewage in which the average concentration o£ TSS does not exceed 250 mg/l and in which the five (5) day BOD does not exceed 250 mg/1. -9 - BE . 9_ HH. "DES; The National Pollutant Discharge Elimination System permit program of the EPA. II.Owner; The owner, tenant, occupant or person in charge of any building orpremises, or any person acting in the owner's behalf. JJ. Pass -Through: Any discharge from the City's POW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the City's NUDES permit, including an increase in the magnitude or duration of a violation. U. Person: My individual, partnership, firm, jompany, association, society, corporation, group, oint stock company, trust, estate, governmental entity, or any other legal entity of whatever relationship; or their legal representatives, agents, or assigns.This definition includes all Federal, State, or local governmental entities. LL. pH: The logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter. pH shall be determined by standard methods as defined in this subsection. M. Pollutant: My dredged spoil, solid waste, incinerator residue, sewage, garbage, sludge, pretreatment byproducts, munitions, wastewater, medical wastes, chemical wastes, biological materials, metals, oil and grease, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and other waste or material -- that alters or adversely affects the characteristics of the wastewater (i.e. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, TTO, TOC or odor). NN. Premise My building or lot under individual Ownership or individual use where water service Is metered independently or that discharges wastewater to the POW. QQ. 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 POW. This reduction or alteration can be obtained by physical, chemical, -10- r biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. RR. Pretreatment Program Coordinator: The City's Superintendent or a designated assistant responsible for supervision of the City's wastewater pretreatment program. SS. Pretreatment Reeuirements: Any substantive o procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. W. Pretreatment Standard or Standards: Pretreatment standard(s) shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. W. Prohibited Discharge Standard or Prohibited Discharges: Absolute prohibitions against the discharge of certain substances. These prohibitions appear in section 6 of this Ordinance. W. Properly Shredded Garbage: The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions n rmally prevailing in public sewers, with no ,Particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension. W. Public Sewer: A sewer in which all owners of abutting properties have equal rights and is controlled by a public authority. %%. Publicly Dwned Treatment Works: A treatment works as defined by Section 212 of the Act as amended (33 USC S 1292) which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of wastewater of a liquid nature and any conveyances which convey wastewater to a treatment plant. YY. Sanitary Sewer. A sewer which carries wastewater and to which stoam, surface, and groundwaters are not intentionally admitted. ZZ. Septic Tank Wastes Any wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. -11 - Sewage; Human excrement and gray water (household showers, dishwashing operations, etc.). BBB. Sewage Treatment Plant: Any arrangement of devices and structures used for treating wastewater. CCC. Sewage Works: All facilities for collecting, pumping, treating, and disposing of wastewater. DDD. Se_e A pipe or condult for carrying wastewater. EEE. Sewer Extension: The connection of any public o private sewer to the existing sewer system except as required under subsection 2.4 of this Ordinance. FFF. Shall: Shall is mandatory; may is permissive. GGG. Significant Industrial User: (1) A user subject to categorical pretreatment standards; or (2) A user that: a. Discharges an average of 25,000 gpd o more of process wastewater to the POW, excluding sanitary, noncontact cooling, and boiler blowdown wastewater; or b. Contributes a process wastestream which makes up five percent (58) or more of the average dry weather hydraulic or organic capacity of the POW; or C. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POW's operation or for violating any pretreatment standard or requirement. (3) Upon a finding that a user meeting the criteria in paragraph two (2) has no reasonable potential for adversely affecting the POW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from user, and in accordance with procedures in 40 CFR Part 403.8(£)(6) as amended, determine that such user should not be considered a significant, industrial user. _l2_ HHH. Significant Noncompliance: Significant noncompliance as applied within this Ordinance includes the following: (1) Chronic violations of wastewater discharge limits, those violations in which 668 or more of all measurements taken during a six-month period exceed by any magnitude the daily maximum limit or average limit for the same pollutant parameter; (2) Technical Review Criteria (TRC) violations, i.e., those violations in which 338 or more of all measurements for each pollutant parameter taken during a six-month period equal orexceed the product of the daily average maximum limit or average limit multfplied'by the applicable TRC (TRC - 1.4 for HOD, TSS, fats, oil and grease; and 1.2 for all other pollutants except pH); (3) Any other violation of a pretreatment effluent limit daily maximum or longer-term average, that the Superintendent or Pretreatment Program Coordinator determines has caused, alone or in combination with other discharges, interference or pass-through, as defined in this subsection. (4) Any discharge of a pollutant that has caused an imminent danger to human health, including the health of the City's POW personnel or to the environment, or has required an exercise of the City's emergency authority to halt the discharge under 40 CPA Part 403.8(f)(2)(vi)(B); (5) Failure to meet a compliance schedule milestone Imposed under this Ordinance or imposed by Administrative or Court Order or negotiated agreement within 90 days of the scheduled date; (6) Failure to provide any report required under this Ordinance or permit or under EPA regulations within 30 days of the due date; (7) Failure to accurately report any non-compliance with permit requirements; or (8) Any other violation or group of violations which the Superintendent determines adversely affect the operation or implementation of the City's pretreatment program. -13 - III. Slyke: A byproduct of the primary and secondary treatment processes of the POW, also known as bfosolids. This term does not include byproducts resulting from the pretreatment of industrial wastes. TTI. Slue or Slug Load: Any discharge of water, swage, industrial waste or other wastewater which 1n concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation. This term also applies to any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge. KKK. Standard Industrial Classification Code: A classification pursuant to the "Standard Industrial Classification Manual" issued from time to time by the United States Office of Management and Budget. LLL. Standard Methode: Methods approved by the engineering profession for the examination of este and wastewater. Methodology approved by, among others/ the American Water Warks Association, the American Public Health Association, the WPCF, or certified in writing as approved by the EPA may be used as evidence of compliance with any standard methods requirement. MMM. Storm Brain or Storm Sewer: A sewer which carries storm and surface waters and drainage, but excludes domestic sewage and industrial wastes, other than unpolluted cooling water. NNN. Storm Water: Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. 000. Superintendent: The Wastewater Treatment Plant Superintendent of the City's POW, or his authorised deputy, agent or representative. PPP. Suspended Solids: Solids or other matter that Zither float on the surface of, or are in suspension in water, wastewater, or other liquids, and which are removable by laboratory filtering. -14 - QW. Toxic Pollutant: One of 126 pollutants, o combination of those pollutants listed as toxic in regulations promulgated by the EPA pursuant to Section 307 (33 DEC S 1317) of the Act. This term also includes any pollutants that may be added to this promulgated list by amendment. ERR. Treatment Plant Effluent: The discharge from the POW into waters of the United States. SES. Treatment Plant Influent:The wastewater in the POW which is presented for treatment at the City's wastewater plant. TTT. Unsetz An exceptional incident in which a discharger is in a state of non-compliance with the Categorical Pretreatment Standards due to factors beyond the reasonable control of the discharger. This term excludes non-compliance due to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, careless or improper operation of the treatment facilities, or other similar reason. DUD. User or Industrial User: A sourceof indirect discharge. This term may also apply to any other source of pollutant which adversely affects the VW. Wastewater: Liquid and water -carried industrial wastes and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. www. Wastewater Plant: Any facility owned by the City and used for receiving and treating wastewater. XXX. Watercourse; A channel in which a flow of water occurs, either continuously or intermittently. 1.4 Abbreviations. The following abbreviations shall have the the designated meanings; ASTM American Society for Testing and Materials BOD Biochemical Oxygen Demand CFR Code of Federal Regulations COD Chemical Oxygen Demand Sec. 2 Use of Public Sewers Recuired 2.1 It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or ether objectionable waste. 2.2 It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any wastewaters, except where suitable treatment has bean provided in accordance with this Ordinance. 2.3 Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of domestic sewage. 2.4 The owner of all houses, buildings, or properties, used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley,. or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line. -15 - DRP Maine Department of Environmental Protection EPA U.S. Environmental Protection Agency gpd gallons per day 1 liter Mg milligrams mg/l milligrams per liter NPDES National Pollutant Discharge Elimination System OAK Operation(s) and Maintenance POPE Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act SIC Standard Industrial Classification Cede SWDA Solid Waste Disposal Act TOC Total Organic Carbon TSS Total Suspended Solids ' TTO Total Toxic Organics DEC United States Code WPCF Water Pollution Control Federation or its successor organisation Sec. 2 Use of Public Sewers Recuired 2.1 It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or ether objectionable waste. 2.2 It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any wastewaters, except where suitable treatment has bean provided in accordance with this Ordinance. 2.3 Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of domestic sewage. 2.4 The owner of all houses, buildings, or properties, used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley,. or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line. -16 - Sec. 3 Connection Permit Required 3.1 No person shall uncover, make any connections with o opening into, use, alter or disturb any public sewer or appurtenance thereof without first successfully obtaining a written Street Opening/Utility Connection Permit from the City. Any person proposing a new discharge into the system or a substantial change in volume or character of pollutants that are being discharged into the system shall notify the City at least sixty (60) days prior to the proposed change or connection. 3.2 Said permit shall specify whether the connection is (a) for residential and commercial service, or (b) for service to establishments producing or handling industrial wastes. Irt either case, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the City. The permit will be issued in accordance with the provisions of Chapter VI, Article 8 of this Ordinance. Sec. 4 installation and Connection to Public Sewer 4.1 All costs and expenses incident to the installation and connection of the building Sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. 4.2 A separate and independent building sewer Shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard r driveway, inwhich case, the building sewer from the front building my be extended to the rear building and the whole considered as one building sewer. 4.3 Old building sewers may be used in connection with new buildings only when they are found, on examination and teat by the City to meet all requirements of this Ordinance. 4.4 The sive, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling of the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City or State. -17 - In the absence of code provisions and in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply. 4.5 whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, wastewater carried by any such building drain shall be lifted by a means approved by the City and discharged to the building aower. 4.6 No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. 4.7 The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City Engineer, or the Superintendent. 4.8 All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other work shall be restored in a manner satisfactory to the City. Sec. 5 Sewer Extensions 5.1 Any extension of the City sewer system, whether for a public or private sewer, will only be allowed by vote of the City Council. The Council will authorise such extensions only after receipt of a written report from the City Engineer outlining the engineering, feasibility and estimated cost of such proposed extension, as well as an assessment of the potential properties benefitting from such action. The Council must also receive prior written comments from the Director of Community and Economic Development as to the compliance of such an extension with relevant sections of the City's Comprehensive Plan before issuing authorization for the extension. 5.2 The Council will base its decision on any sewer extension request on the request's consistency with the provisions, and furtherance of the objectives, of the City's Comprehensive Plan and the specific criteria established in this Ordinance. elm 5.3 Specifically, the City Council will authorize sewer extensions in consideration of the following mandatory requirements: 1. Said sewer extension lies within a defined primary service area and if said area s defined on an adapted primary service area map as provided for in the Comprehensive Plan, or 2. Said sever extension lies within the urban growth boundary; and a) the proposed sewer extension does not extend more than 500 feet beyond a primary service area boundary; b) the immediately adjacent primary service area has not been declared service deficient; and c) it shall have been determined that it is feasible to provide other critical services to the area to be served including water, fire and police protection and adequate traffic capacity on existing or proposed streets; and 3. In either case under No. 1 or No. 2 above, such an extension will not be installed in or through environmentally sensitive areas such as wetlands o in or through areae of extensive shallow depth to bedrock or other extreme physiographic conditions which would render, in the opinion of the City, the cost of installation and maintenance of such a sewer prohibitive. 4. Nothing in this section will prohibit the City Council, at its discretion, from extending public sewer service for public health reasons. Sec. 6 General Sewer Use Recuirgments 1 General Prohibitions. No discharger or user shall introduce or cause to be Introduced into the POW any pollutant or wastewater which causes pass-through or interference.These general prohibitions apply to all users of the POW whether or not they are subject to categorical pretreatment standards or any other Federal, State, or local pretreatment standards or requirements. The provisions of this section shall apply to wastewater originating in the City, as well as wastewater originating in the Towns of Hampden and Hermon, which is introduced to the City's POW. 6.2 Specific Prohibitions. No discharger or user shall introduce or cause to be introduced into the POW the following pollutants, substances, or wastewater: A. Pollutants which create a fire or explosive hazard in the POW, including, but not limited to, astestreams with a closed -cup flashpoint of less than 140°P (60°C) using the test methods specified in 40 CPR Part 261.21 as amended. B. Wastewater having a pH less than 5.0 or more than 12.0, or otherwise causing corrosive structural damage to the POW or equipment. Any pH above 12.5 is considered hazardous under 40 CPR Part 262.22 as amended. C. Solid or viscous substances in amounts which will cause obstruction of the flow in the POW resulting in interference, but in no case shall solids greater than 3 inches or 7.6 centimeters in any dimension be introduced to the POW. D. Pollutants, including oxygen -demanding pollutants (BOD, COD, 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 POW. E. Wastewater having a temperature greater than 150°P (650C), or which will inhibit biological activity in the POW resulting in interference, but in no case wastewater which causes the temperature of the treatment plant influent of the POW to exceed 104°P (400C). P. Petroleum oil, nogbiodegradable cutting oil, or products of mineral ail origin, in amounts that will cause interference or pass-through. G. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POW in a quantity that may cause acute worker health and safety problems. H. Trucked or hauled pollutants, except at discharge points designated by the Superintendent pursuant to section 14 of this Ordinance. -20 - Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to sate a public nuisance or a hazard to life, or prevent entry into the sewers for maintenance or repair; J. 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 NPDRS permit. N. Storm water, ground water, roof runoff, sub- surface drainage or any water free downspouts, yard drains, fountains and ponds, swimming pool drainage, sump pumps, septic tanks, lawn sprays, or geothermal type heating or cooling systems unless such drainage from such sources is discharged into drains specifically designated for such purposes by the Superintendent. Industrial cooling water may be discharged only after approval, and to a receptor site designated by the Superintendent. Such industrial cooling water discharges shall comply with the requirements of 38 M.R.S.A. 9 413 as amended. L. Sludges, screenings, or other residues or by- products from the pretreatment of industrial wastes. M. Wastewater containing any radioactive wastes or isotopes, except as specifically approved by the Superintendent. Such approval shall only he given upon certification by the discharger or neer that applicable federal and state regulations concerning such wastewater have been complied with - before such a discharge. Radioactive waste includes, but is not limited to, any substance required by the United States Dept. of Transportation to have Type A or B packaging, pursuant to 49 CPR Part 173.426 as amended. N. Medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit. O. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test; -21- P. Fats, oils, or greases of animal or vegetable origin in concentrations greater than 200 mg/1. Q. Toxic pollutants or any other toxic substances hereinafter determined by the Superintendent to not be amenable to treatment or reduction by the wastewater treatment processes of the City o which might interfere with the effectiveness of the Pomw's processes or which might limit the potential end uses of the POTw's sludges. R. Any substance or material prohibited under 40 CFR Part 403, in particular Part 403.5(a) and (b) as amended. Also any other substance or material the discharge of which results in a violation by the City of the regulations, now or hereinafter existing, of any public entity, including the EPA, or results in a violation of the City's RPOES Permit. S. Any gasoline, benzene, naptha, fuel oil or other flammable or explosive liquids, solids or gases. T. Any garbage except properly shredded garbage. 6.3 If any wastewater or other wastes are discharged, or proposed to be discharged to the public sewers, which wastewaters or other wastes contain the substances or possess the characteristics enumerated in this section and which in the judgment of the Superintendent may have a deleterious effect upon the City's POTw, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may, (1) Reject the wastewater or other wastes; (2) Require pretreatment to an acceptable condition for discharge to the PO ; (3) Require control over the quantities and rates of discharge; and/or (4) Require payment to cover the added coat of handling and treating the wastes. If the Superintendent permits the pretreatment or flow -equalization of waste flows, the design and installation of the plant and equipment for such pretreatment or flow -equalization shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable City, State and Federal codes, ordinances, and laws. The Superintendent's approval, if granted, shall not be deemed to relieve the'discharger of its responsibility _22_ to comply with its wastewater discharge permit requirements and shall not constitute an acceptance of the adequacy of the pretreatment process equipment selected. where preliminary treatment or flow -equalizing facilities are provided for any wastewater or other wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense. 6.4 Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, sand, or other harmful ingredients; except that such interceptors shall not be required for private residential living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located so as to be readily and easily accessible for cleaning and inspection. 6.5 No discharger or user shall increase the use of potable or process water, in any way, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this Ordinance. Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in a manner that would allow them to be discharged to the POW. 6.6 Federal Categorical PxOtreatment Standards. The cate- gorical pretreatment standards found at 40 CPR Chapter I, Subchapter N, Parts 405-471 as amended are incorporated herein by reference. These standards must be adhered to by dischargers to, or users of, the POW. 6.7 Local Limits A. Limits for certain pollutants will be established to protect against pass-through or interference. No person shall discharge wastewater containing in excess of the instantaneous maximum allowable discharge limits as identified on the user's wastewater discharge permit. All discharge local limits shall be technically based and approved by the BPA. B. Local limits can be set for the following pollutants: arsenic, barium, cadmium, chromium, copper, cyanide, lead, mercury, nickel, oil and grease and other petroleum or mineral oil products, silver, TTO, and zinc. This list may -23 - be amended as required by the EPA or because of new industries that wish to discharge to the POTW. C. The discharge local limits must be met at the point where the user's wastewater is discharged to the POTS. All concentrations for metallic substances are for "total" metal unless otherwise indicated on the wastewater discharge permit. The Superintendent may impose mass limitations in addition to or in place of concentration-based limitations. 6.8 City's Riaht of Revision. The City reserves the right to establish, by Ordinance r in wastewater discharge permits, more stringent standards or requirements on discharges to the POW. 6.9 Special Agreement. The City reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTS. In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the user may request a net gross adjustment to a categorical standard in accordance with 40 CPR Part 403.15 as amended. They may also request a variance from the categorical pretreatment standard from the Approval Authority. Such a request will be approved only if the user can prove the factors relating to its discharge are fundamentally different from the factors considered by the EPA when establishing that categorical pretreatment standard. A veer requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR Part 403.13 as ended. The City is authorised to set appropriate fees or other charges for such agreements. 6.10 Pretreatment Facilities. Users shall provide necessary wastewater treat- ment as required to comply with this Ordinance end shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in this Ordinance within the time limitations specified by the EPA, the State, or the Superintendent, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities add operating procedures shall be submitted to the City for review, and shall beapproved by the City before construction _2q_ of the facility. The review of such plana and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the City's POW under the provisions of this Ordinance. fill Accidental Discharge/Slug Control Plana. The Super- intendent may require any user to develop and implement an accidental discharge/slug control plan. At least once every two (2) years the Superintendent shall evaluate whether each significant industrial user needs such a plan. My user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addressee, at a minimum, the following: A. Description of discharge practices, including nonroutlne batch discharges; B. Description of stored chemicals; C. Procedures for immediately notifying the POW of any accidental or slug discharge. Such notification must also be given fax any discharge which would violate any of prohibited discharges in this section of this Ordinance; 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. Sec. ] wastewater Discharoe Permit Application 7.1 it shall be unlawful to discharge wastewater to the City's POTw, or to any public or private sewer within the Towne of Hampden and Hermon where such discharged wastewater reaches the City's POW, without having first complied with the provisions of this Ordinance. 7.2 when requestgd by the Superintendent, all users must complete a wastewater. survey form, on a form supplied by the City, which contains information on the nature and characteristics of their wastewater. This form must be submitted to the Superintendent prior to discharge of the user's wastewater into the City's -25 - POW. The Superintendent is authorized to prepare a form for this purpose and may periodically require users to update the survey. Failure to complete this wastewater survey form shall be reasonable grounds for terminating service to the user and shall be considered a violation of this Ordinance. Existing industrial dischargers shall file wastewater survey forms within thirty (30) days after being notified by the City, and proposed new dischargers shall file such forms at least ninety (90) days prior to connecting to the POW. The information to be supplied to the Superintendent by the user shall include, but not be limited to, the following information: A. The name, address and location of the user and the number of employees. B. The BIC of the user C. The known or suspected to be present wastewater constituents and characteristles, including but not limited to, those mentioned in this Ordinance. Any sampling and analysis that is required by the City shall be performed in accordance with standard methods and/or those contained in 40 CFR Part 136 as amended. The costs of all such sampling, analysis and reporting shall be fully Doyne by the user. D. The time and duration of discharges. E. The average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be as actually measured unless other verifiable techniques are approved by the City due to cost or non -feasibility. F. The site plane, floor plane, mechanical and plumbing plans and details to show all amoral sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation adjacent to or at the user's premises. G. The activities, facilities and plant process o the premises including all materials which are or may be discharged to the POW. H. The nature and concentration of any known or suspected pollutants or materials prohibited by this Ordinance from being included in the discharge, together with a statement regarding -]6 - whether or not compliance is being achieved with this Ordinance on aconsistent basis and if not, whether additionalO&M activities and/or additional pretreatment is required for the user to comply with this Ordinance. I. The identification of each product produced by the user by type, amount, process or processes and rate of production. J. The type and amount of raw materials utilized, average and maximum per day, by the user. 7.3 All disclosures forms and any periodic reports submitted by a user and shall be signed by the principal executive officer of the user and shall contain the following certification: ^I 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. eased on my inquiry of the 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 an aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 7.4 The City will evaluate the completed wastewater survey forms and material safety data furnished by the user and may require the user to furnish additional information. The user shall provide all requested additional information within fifteen (15) days after receiving notification from the City that additional information is required. After full evaluation and acceptance of all submitted data, the Superintendent shall make the determination as to whether the user is subject to BPA pretreatment requirements. if the Superintendent determines that the user is subject to BPA pretreatment requirements, the City shall require the user to apply for a Wastewater Discharge Permit as required by section 8 of this Ordinance. The user shall make application for a Wastewater Discharge permit, on a form provided by the City, within thirty (30) days after having received notification from the City to do se. The user shall provide with the permit application, at the user's own expense, the results of all sampling and analysis of the user's wastewater effluent as the City may require to accompany the permit application. If so requested by the City, the user shall collect all required samples in the presence of the Superintendent. _27_ Sec. 8 Wastewater Oischarce Permits 8.1 Every new or existing user of the City's POW o wastewater plant who is determined to be a categorical ser or significant industrial user as defined i section 1 of this Ordinance is required to obtain a wastewater discharge permit from the Superintendent. 8.2 The Superintendent may prescribe special license, disclosure and reporting requirements for non -industrial users of high strength conventional waste distinct from the requirements imposed on industrial users under this section. Such requirements shall not be more burdensome than the requirements imposed on industrial users by this section. 8.3 Wastewater discharge permits shall be subject to all provisions of this Ordinance and all other regulations, user charges and fees established by the City. The conditions of wastewater discharge permits shall be enforced in accordance with this Ordinance, and applicable State and Federal regulations. 8.4 Wastewater discharge permits may impose effluent restrictions or limits on the user if the Superintendent determines that such limits are necessary to protect the quality of the treatment plant influent, effluent, or sludge, or to maintain compliance with any applicable Federal or State law, including requirements under the City's WOES permit and national categorical pretreatment standards for new and existing sources set out in 48 CFR Chapter I, Subchapter N Parts 401-471 as amended. 8.5 The Superintendent will evaluate the data furnished by the user and may require additional information to complete the user's wastewater discharge permit application. Within fourteen (14) days of receipt of a complete wastewater discharge permit application, the Superintendent will determine whether a wastewater discharge permit is required and, if s, whether a wastewater discharge permit should be issued. The Superintendent may deny any application for a wastewater discharge permit. The Superintendent shall notify the user in writing of the decision on the wastewater discharge permit application. -28- 8.6 Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A Wastewater discharge permit my be issued for a period of lees than five (5) years. Each wastewater discharge permit shall indicate a specific date upon which it will expire. 8.7 Wastewater discharge permits are issued to a specific operation. A Wastewater discharge permit shall not be reassigned or transferred or sold to a new Owner or a new user, different premises, or a new or changed operation. To facilitate the issuance of new, separate permits, the Superintendent may allow new owners or individuals to operate under an existing wastewater discharge permit for a period not to exceed ninety (90) days. 8.8 Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Superintendent 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 POW. A. Wastewater discharge permits shall contain the following conditions: (1) A statement that indicates the wastewater discharge permit duration; (2) A statement that indicates the wastewater discharge permit is nontransferable pursuant to subsection 8.7 of this Ordinance, and a provision requiring any new owner or operator to be furnished with a copy of the existing wastewater discharge permit by the prior user; (3) Pretreatment standards and effluent limits based on the general and specific prohibited discharge standards, categorical pretreat- ment standards, local limits, and all applicable law. (9) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include a sampling frequency and sample type based on Federal, State, and local law; -29- (5) A statement of applicable penalties for violation of pretreatment standards and requirements, and any required compliance schedule. Such schedule may not extend the time for compliance beyond that required by Federal, State or local law; and (6) Other specific conditions the Superintendent deems necessary to ensure compliance with this Ordinance, and Federal and State regulations and statutes. B. wastewater discharge permits may contain, but need not be limited to, the following conditions, (1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and flow -equalization; (2) Limits on the instantaneous, daily and monthly average, and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties; (3) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, any of which would be designed to reduce, eliminate, or prevent the introduction of pollutants into the POW. (4) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharge; (5) Development and implementation of waste minimization plane to reduce the amount of pollutants discharged to the POW by the user; (6) The unit charge or schedule of user charges and fees for the management of the user's wastewater discharged to the POW; -30- (7) Requirements fox the installation and maintenance of inspection and sampling facilities and equipment; (8) A statement that compliance with the 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 wastewater discharge permit; (9) Identification by the user of the location of the user's outfall to the POTW; and (10) Other specific conditions the Superintendent Seems necessary to ensure compliance with this Ordinance and Federal and State regulations and statutes. 8.9 Any aggrieved person, including the user, may file a Petition with the City in writing to reconsider the terms of a wastewater discharge permit on the denial of wastewater discharge permit application within 15 days of the permit's issuance or notification of the Superintendent's denial. A. Failure to submit a timely Petition for review shall be deemed to be a waiver of any administrative appeal. B. In its Petition, the petitioner must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, it any, it seeks to place in the wastewater discharge permit. A petitioner seeking review of a permit denial must specifically allege reasons why a permit should be issued, along with conditions of issuance that petitioner believes should satisfy any concerns the City may have about the suitability of the users' wastewater for discharge to the City's POTW. C. The requirements or conditions of any wastewater discharge permit shall not be stayed by the City pending the outcome of the administrative appeal. D. Upon receipt of the Petition, the Superintendent may act to grant the petitioner's request. Said action must take place within 14 days of receipt of the Petition. If the Superintendent refuses to -31 - grant the petitioner's request, however, the Superintendent shall notify, in writing, the Committee of the City Council having oversight responsibility for the operation of the City's POTw. The Committee shall schedule an administrative hearing, which shall be recorded, within 30 days of notification by the Superintendent or as soon thereafter as may be arranged. The Committee shall conduct the hearing so as to develop an adequate administrative record and the Committee may choose to limit the asking of questions to the members of the Committee only. The petitioner will bear the burden of proof at the hearing and will present its case first. The Committee shall issue its decision in writing within 45 days of the hearing. The Committee's decision most be guided by the provisions of this Ordinance. Failure by the Committee to issue a decision within that time period shall constitute a denial of the administrative appeal, however, the record of the administrative hearing, including any exhibits, shall be made a part of any further judicial reviews. Committee decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, not to modify a wastewater discharge permit or to issue a modified wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.' E. Parties seeking judicial review of the final administrative action must do so by filing a complaint with the Penobscot County Superior Court Pursuant to M.A.Civ.P. BOB. 0.10 The Superintendent my modify at any time the wastewater discharge permit for good cause including, but not limited to, the following. A. Toincorporate any new or revised Federal, State, or local pretreatment Standards or requirements; B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the issuance of the wastewater discharge permit; C. A change in the POTw that requires either a temporary or permanent reduction or elimination of the authorised discharge; D. Information is received by the City indicating that the permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters;; -32- E. Violation of any terms or conditions of the wastewater discharge permit; F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater survey form, wastewater discharge permit application or in any other required reporting; G. Revision of, or a grant of a variance from, categorical pretreatment standards pursuant to 40 CFR Part 403.13; and H. 1b correct typographical or other errors or omissions in the wastewater discharge permit. Challenges to any such modifications can be made pursuant to the provisions of subsection 8.9 of this Ordinance. 8.11 Any user who violates any condition of its permit, o of this Ordinance, or'of applicable State and Federal statute and regulations, my have its permit revoked by the Superintendent. violations subjecting a user to possible revocation of its permit include, but are not limited to, the following: A. Failure of a user to accurately report the wastewater constituents and characteristics of its discharge; B,. Failure of a user to report significant changes in operations or its wastewater constituents and characteristics; C, Refusal of reasonable access by the Superintendent to the user's promises during regular business hours for the purpose of inspection or monitoring; D. violations of the conditions of the permit; F. Failure to provide advance notice of the transfer of the ownership of a permitted user; F. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application, any required wastewater surveys or other required reporting; G. Falsifying monitoring reports or tampering with monitoring equipment;. H. Failure to pay surcharges, user fees, permit fees, fines or other required payments; or I. Failure to meet the requirements of a compliance schedule. -33- 8.12 Compliance Schedules A. Where additional pretreatment and/or O & M activities will be required to comply with this Ordinance, the user shall provide a declaration of the shortest schedule by which the user will provide such additional pretreatment and/or Implementation of additional 0&M activities. B. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to comply with the requirements of this Ordinance, including, but not limited to, dates relating to hiring a engineer, completing preliminary plans, completing final plane, executing contracts for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this Ordinance. C. Under no circumstances shall the City permit a time increment for any single step directed toward compliance which exceeds nine (9) months. D. No later than fourteen (14) days following each milestone date in the schedule and the final date for compliance, the user shall submit a progress report to the City including, at a minimum, a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the approved schedule. In no event shall more than nine (9) months elapse between such progress reports to the City. Sec. 9 Reporting Reuuirements 9.1 Baseline Monitoring Reports A. within either one hundred and eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR Part 403.6(a)(4) as amended, whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTS shall be required to submit to the City a report which contains the information listed in paragraph B, below. At least ninety (90) days prior to -34 - commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the City a report which contains the information listed in paragraph R below. A new source shall also give estimates of its anticipated flow and quantity of Pollutants discharged. B. Users described in paragraph A above shall submit the information set forth below: (1) The name and address of the facility, including the name of the operator and owner. (2) A list of any environmental control permits held by or for the facility. (3) A brief description of the nature, average rate of production, and SIC of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points Of discharge to the POW from the regulated processes. _ (4) Information showing the measured average daily and maximum daily flow, in gallons per day, to the POW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CPR Part 403.6(e) as amended. (6) (a) The categorical pretreatment standards applicable to each regulated process. (b) The results of sampling and analysis identifying the nature and concentration, and/or mass where required by the standard or by the City, Of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentrations or mass, where required, shall be reported. The ample shall be representative of daily operations and shall be sampled and analysed in accordance with the provisions of subsections 9.7 and 9.8 of this Ordinance. (6) A statement, reviewed by the user's authorised representative and certified by a qualified professional, indicating whether -35 - pretreatment standards are being not on a consistent basis, and if not, whether additional OEM and/or pretreatment is required to meet the pretreatment standards and requirements. (7) If additional pretreatment and/or OEM will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatmentand/or OEM. 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 subsection 8.12 of this Ordinance. (8) All baseline monitoring reports must be signed and certified inaccordance with subsection 7.3 of this Ordinance. 9.2 Compliance Schedule Progress Report The requirements Imposed by subsection 8.12 of this Ordinance shall apply to the compliance schedule required by subsection 9.1(B)(7) of this Ordinance. 9.3 Report on Compliance with Categorical Pretreatment standard Deadline 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 subject to such pretreatment standards and requirements shall submit to the City a report containing the informationdescribedin subsection 9.1(B)(4-6) of this Ordinance. For users subject to Equivalent mase or concentration limits established in accordance with the procedures in 40 CPR Part 403.6(c), this report shall contain a reasonable masure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowablepollutant discharge per unit of production or other measure of operation, this report shall include the user's actual production during the appropriate 'sampling period. All compliance reports must be signed and certified in accordance with subsection 7.3 of this Ordinance. -36- 9.4 Periodic Compliance Reports A. All significant industrial user(s) shall, at a frequency determined by the Superintendent, but in no edeas than twice per year in June and December, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports -must be signed and certified in accordance with subsection 7.3 of this Ordinance. B. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not bs grounds for the user to claim that ample results are unrepresentative of its discharge. C. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the POTW, using the analytical requirements and sampling procedures prescribed In subsections 9.7 and 9.8 of this Ordinance, the results of this monitoring shall be included in the report. 9.5 Report of Chanced Conditions Each user must notify the Superintendent of any planned significant changes to the user's operations or process systema which might alter the nature, quality or volume of its wastewater at least sixty (60) days before the change. A. The Superintendent may require the user to submit such information as may be domed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 7 of this Ordinance. B. The Superintendent may issue a wastewater discharge permit under section 8 of this Ordinance or modifyan existing wastewater discharge permit under subsection 8.10 of this Ordinance in response to changed conditions or anticipated changed conditions. -37- C. 3 _ C. No user shall implement the planned changed conditions) until and unless the Superintendent has responded in writing to the user's notice. B. For purposes of this subsection, significant changes include, but are not limited to, flow increases of ten percent (108) or greater, and the discharge of any previously unreported pollutants. 9.6 Notice of Violation/Repeat Samplina and Reporting If sampling performed by a user indicates a violation, the user must notify the Superintendent within twenty four (24)hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent within thirty (30) days after becoming aware of the violation. The user is not required to resample if the POW manicure at the user's facility at least once a month, or if the POW samples between the user's initial sampling and when the user receives the results of this sampling. 9.7 Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or a report required by this Ordinance shall be performed in accordance with the techniques prescribed in 40 CPA Part 136 as amended, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CPR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses moat be performed in accordance with standard methods. 9.8 Sample Collection A. Except as indicated in paragraph H below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling i infeasible, the Superintendent may authorise the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab - samples may be required to show compliance with instantaneous discharge limits. B. Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile organic chemicals must be obtained using grab sample collection techniques. -38- 9.9 Determination of Noncompliance The Superintendent will use appropriate sampling to determine noncompliance with pretreatment standards, including the use of standard methods. 9.10 Timing Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facilityserviced by the United States Postal Service, the date of receipt of the report shall control. 9.11 Record Reepin Users sub5ect to the reporting requirements of this Ordinance shall retain and makeavailable for inspection and copying all records or information obtained pursuant to any monitoring activities required by this Ordinance and any additional records o information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include, but not be limited to, 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. These - cords shall be retained by the user for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the POTW, or where the user has been specifically notified of a longer retention period by the Superintendent. 9.12 State Requirements State requirements and limitations on discharges to the POTW shall be met by all users which a subject to such requirements and limitations, provided, however, that such requirements and limitations are more stringent than the provisions of this Ordinance or Federal law requirements or limitations. 9.13 Reports from Unpermitted Users All users not required to obtain a wastewater discharge Permit shall provide appropriate reports to the City upon the request of the Superintendent. -39 - Sec. 10 Compliance Monitoring 10.1 Inspection and Sampling The City shall have the right to enter the facilities of any u r to ascertain whether the purpose of this Ordinance, and any permit or order issued hereunder, Is being met and whether the user is complying with all requirements thereof. All users shall allow the Superintendent ready access to all parts of the prset sea for the purpose of inspection, sampling, records examination and copying, and the performance of any additional duties as the Superintendent deems necessary. A. Each user shall provide and operate at its own expense, a monitoring facility to allow inspection, sampling, and flow measurement of the user's wastewater discharge to the PCTW. B. 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 Superintendent will be permitted to enter without delay for the purposes of performing compliance monitoring. C. The Superintendent shall have the right to set up n the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations. The user shall bear the costa of such setup or installation. D. The Superintendent shall require the user to install monitoring equipment as the Superintendent deems necessary. Bary. The user's sampling and monitoringequipment 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 quarterly (4 times per year) to ensure their accuracy. B. Any temporary orpermanent obstruction to the 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 Superintendent and the obstruction shall not be replaced. The costs of clearing such access shall be born by the user. -40- F. unreasonable delays in allowing the Superintendent access to the user's premises shall he a violation of this Ordinance. G. In the event that user is in or has previously been in noncompliance with this Ordinance or with the uwastewater discharge permit, the user shall be required to pay .the full coat of all additional sampling and analysis that the City may conduct to determine the user's compliance with this ordinance. H. All monitory facilities shall be constructed and maintained in accordance with the Land Development Code of the City and all applicable construction codes, standards or specifications. Construction, if required, shall be completed within one hundred twenty (120) days of receipt of the wastewater discharge permit by the user. 10.2 Administrative Inerettion Warrants if the Superintendent has been refused access to any building, structure or property, or any part thereof, for the purpose of inspecting, sampling or otherwise monitory compliance with this Ordinance, the Superintendent shall seek to secure an Administrative Inspection Warrant pursuant to M.R.Civ.P. 80E. The warrant, if issued by the District Court, shall be executed pursuant to M.R.Civ.P. 80E and the Superintendent shall be accompanied by a uniformed City police officer during said execution Sec. 11 Confidential Information Information and, data on a user obtained from reports, surveys, wastewater discharge permit and monitoring programa, and from the City's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the City, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the user under applicable State law. 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 such confidential information shall not be made available for inspection by the public, but shall be made available immediately upon request to State and Federal governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR Part 2.302 will not be recognised as confidential information and will be available to the public without restriction. -41 - Sec. 12 Publication of Users in Sianificant Noncompliance The City shall publish annually, in the largest daily newspaper published in the City where the POW is located, a list of the users, which, during the previous twelve (12) montha, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be as defined in subsection 1.3(HHH) of this Ordinance. Sec. 13 Private Sewage Disposal 13.1 Where a public sanitary or combined sewer is not available under the provisions of section 2 of this Ordinance, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section. Connections shall also comply with the State of Maine Plumbing Code, Part II, Subsurface Wastewater Disposal Regulations. 13.2 Before commencement of construction of a private sewage disposal system the owner shall first obtain a permit from the City's Plumbing Inspector. The application for such permit shall be made on a form furnished by the Maine Department of Haman Services, Div£aion of Health Engineering, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Plumbing Inspector 13.3 A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the City's Plumbing Inspector. The Plumbing Inspector shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Plumbing Inspector when the work is ready for final inspection, and before any underground portions are covered. 13.4 The type, capacities, location, and layout of a private sewage disposal system shall comply with all requirements of the Maine Department of Human Services, and shall be in compliance with the State of Maine Plumbing Code, Part II, Subsurface Wastewater Disposal Regulations, and the Hinimum Let Size Law, 12 H.R.S.A. 4 4807 at sea., as amended. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than one acre. No septic tank or cesspool shall be permitted to discharge to any natural outlet. -42- 13.5 At such time as a public sewer becomes available to a property served by a private disposal system, as provided in section 2 of this Ordinance, a direct connection shall be made to the public sewer in compliance with this Ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable materials. 13.6 The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City. 13.7 No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Plumbing Inspector. 13.8 when a public sewer becomes available as outlined in subsection 2.4, the building sewer shall be connected to said sewer within ninety (90) days and a private swage disposal system shall be cleaned of sludge and filled with clean bank -run gravel or dirt. Sec. 14 Hauled Wastewater 14.1 Septic tank waste and hauled industrial waste may be introduced into the POW only at the designated receiving structure of the POW and at such times as e established by the Superintendent. Such wastes shall not violate section 6 of this Ordinance or any other requirements established or adopted by the City. Wastewater discharge permits for individual vehicles to use such facilities may be issued by the Superintendent. . 14.2 The Superintendent may issue wastewater discharge permits to original sources of hauled industrial este. The Superintendent shall also have the authority to prohibit the disposal of hauled industrial wastes. 14.3 Waste haulers may only discharge loads at locations specifically designated by the Superintendent. No load may be discharged without prior consent of the Superintendent. The Superintendent may collect samples of each hauled load to ensure compliance with this Ordinance. The Superintendent may require the hauler to provide a waste analysis of any load prior to discharge. -43- 14.4 Waste Molars must provide awaste-tracking form for every load. This form shall include, at a minimum, the name and address of the waste hauler, permit number, truck identification, sources of waste, and volume and characteristics of waste. In addition, for hauled industrial waste, the form shall identify the type of industry, known or suspected constituents, and whether any wastes are RCRA hazardous wastes. 14.5 Waste haulers must dispose of hauled wastewater at the designated receiving structure only between the hours of 7:00 a.m. and 4:30 p.m., Monday through Friday, holidays excluded. Waste haulers using trucks having a volume gauge or sight glass will be charged at the applicable rate per 1000 gallons of wastewater discharged. Trucks lacking such a volumetric measuring device or other means satisfactory to the Superintendent to measure the volume of Wastewater discharged will be presumed full and will be charged accordingly. 14.6 Any personwho discharges hauled Wastewater at any other location in the City or at the designated receiving structure at other than the times allowed shall be subject to applicable civil and criminal penalties, including those proscribed at 30-A M.R.S.A. S 4452 and 38 M.R.S.A. SS 439 and 1319-T as amended. 14.7 A suitable odor control'chemical approved by the Superintendent shall be introduced to the hauled wastewater prior to its transportation to the designated receiving structure. Sufficient quantities of such chemical shall be used by the waste hauler to adequately control odors emanating from the hauled wastewater. 14.8 If at any time, in the opinion of the Superintendent, the discharge of hauled wastewater is placing an excessive burden on the Paws treatment process o is otherwise causing a nuisance, the Superintendent can refuse to accept such wastewater for treatment in the POTw. Sec. 15 Operation of Private Pumb Stations and Treatment Planta 15.1 The operation of all privately owned pump stations, - lift stations or ejector stations for the purpose of pumping wastewater shall be subject to the approval of the City, and shall be subject to inspection as outlined in section 10 of this Ordinance. -44- 15.2 All private pump stations, lift stations Or ejector stations shall be equipped with at least two pumps-, each of which shall have a capacity to pump the total design flew of the facility, and each being provided with automatic switches which will insure uninterrupted operation in case of overload or failure of the other. In addition, the pump station facility shall have an approved standby gasoline or diesel generator system of sufficient capacity to operate the pumps in case of power failure, and shall also be equipped with an approved alarm system designed to provide warning in case of mechanical failure. 15.3 All private pump stations, lift stations and ejector stations and attendant facilities shall be properly maintained by a qualified mechanic or operator, and a proposed schedule and method of maintenance shall be subject to the approval of the City. 15.4 No person or firm shall construct or operate a private sewage treatment facility without first obtaining the necessary waste discharge permits from the DBP. If, in the opinion of the City, the operation of any privately owned sewage treatment plant is considered, to be unsatisfactory and i creating as , than the City shall immediately notify the DEPofproblem. Any other duly authorised employee of the City shall have the right to inspect said facilities as provided in section 10 of this Ordinance. Sec. 16 Administrative Enforcement Remedies 16.1 At the time of enactment of this Ordinance, the City will have developed an Enforcement Response Plan (ERP) which outlines the City's general procedure for the enforcement of this Ordinance. The ERP shall be initially adopted by City Council Order and may be subsequently amended by Order. The City will follow the SRP to the greatest extent possible when contemplating compliance with and enforcement of this Ordinance, however, nothing in the SRP or this Ordinance will preclude or otherwise limit the City from taking any action, including emergency actions or other enforcement actions, prior to undertaking any initial enforcement procedure in the ERP Including issuance of a Notice of violation (NOV). -45- 16.2 Notice of Violation when the Superintendent finds that a user has violated or continues to violate any provision of this Ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may serve upon that user a written NOV. Within thirty (30) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which must include specific required actions, shall be submitted by the user to the Superintendent. Submiesion of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the NOV. 16.3 Consent Orders The Superintendent may enter into Consent Orders, assurances of voluntary compliance, or other documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsections 16.5 and 16.6 of this Ordinance and shall include language which make them judicially enforceable. Such orders may require the payment of administrative fines pursuant to subsection 16.7 of this Ordinance. 16.4 Show Cause Nearing The Superintendent may order a user which has violated or continues to violate any provision of this Ordinance, a wastewater discharge permit o order issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent and show cause why the proposed enforcement should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforceoemtn action should not;be taken. The notice of the meeting shall be served personally by the Superintendent or by registered or certified mail, return receipt requested, at least fourteen (14) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing -46 - shall not be a bar against, or prerequisite for, taking any other action against the user. Failure to appear for a show cause hearing may be grounds for revocation of the user's wastewater discharge permit and disconnection from or termination of discharge to the POW. 16.5 Compliance Orders when the Superintendent finds that a user has violated or continues to violate any provision of this Ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may issue an order to the user responsible for the discharge directing that the user comae into compliance within thirty (30) days. If the user does not come into compliance within thirty (30) days, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances e installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self- monitoring and management practices designed to minimise the amount of pollutants discharged to the POW. A compliance order may not extend the deadline for compliance established for a Federal pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. 16.6 Cease and Desist Orders when the Superintendent determines that a user violated or continues to violate any provision of this Ordinance, a wastewater discharge permit o order issued hereunder, or any other pretreatment standard or requirement, or that the user's past solations are likely to recur, the Superintendent may issue an order to the user directing it to cease and desist any such violations and directing the user to, A. Immediately comply with all requirements; and S. Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge to the POW. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. 16.7 Administrative Fines A. when the Superintendent finds that auser violated or continues to violate any provision of this Ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, including a is failure to obtain a wastewater discharge permit pursuant to Section 8 of this Ordinance, the Superintendent may fine such user in an amount not to exceed $2,500 per day. Each day of violation shall constitute a separate offense subject to fine. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation. In the case of failure to obtain a required wastewater discharge permit, the fine shall accrue on a daily basis couses Ruing on the day the user first was notified or became aware of the need for such a permit. The City may add the costa of preparing administrative enforcement actions, such as notices and orders, to any fine assessed. B. Any and all unpaid charges, fines, and penalties under this Ordinance shall, after (30) calendar days from the due date, be assessed an additional penalty of twelve percent(12%)of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (18) per month. A lien against the user's property may be sought for unpaid charges, fines, and penalties as allowed under State law. C. users desiring to dispute such fines must file a written request for the Superintendent to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. The Superintendent shall convene n administrative hearing on the matter and conduct Raid hearing in accordance with the procedures delineated in subsection 8.9(D) of this Ordinance. Failure to timely request an administrativehearing constitutes a waiver of any administrative 'appeal., mhe decision of the Committee conducting the administrative hearing, including a decision to not reduce the fine, Shall be final and any appeal most follow the requirements of M.R.Civ.P. 80B. In the event the _q8_ user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. 16.8 6mercencv Suspensions The Superintendent may imunediately suspend a user's discharge either with or without written or verbal notice to the user whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an I msinent or substantial endangerment to the health or welfare of the public. The Superintendent may also imediately suspend a user's discharge, either with or without written or verbal notice, that threatens to interfere with the operation of the POTw, or which presents or may present an endangerment to the enviroment. A. Any user notified of a suspension of its discharge shall immediately atop or eliminate its discharge to the POW. in the event of a user's failure to Immediately comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including Mediate severance of the connection to the POW, to prevent or minimize damage to the POTW, its receiving waters o endangerment to any persons.,The Superintendent shall allow the user to recomence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed,unless the termination proceedings i subsection 16.9 of this Ordinance are initiated against the user. B. A user that is.responsible, in whole or in part, for any,discharge presenting.immdnent endangerment sha1L submit a detailed written statement to the Superintendent describing the causes of the harmful contribuiion and thelmeaeures taken to prevent any future occurrence. Said report must be submitted as least seven (7) days prior to the date of any show cause or termination hearing held pursuant to subsections 16.4 and 16.9 of this Ordinance. Nothing in this subsection shall be interpreted as requiring a hearing prior to any emergency suspension under this subsection. -49- 16.9 Termination of Discharge In addition to the provisions in subsection 8.11 of this Ordinance, any user that violates the following conditions is subject to termination of the user's discharge to the POTS: A. Violation of wastewater discharge permit conditions; B. Failure to accurately report the wastewater constituents and characteristics of the user'a discharge; C. Failure to report significant changes in operations Or wastewater volumes, constituents and characteristics prior to discharge: D. Refusal of reasonable access t0 the user's promises for that purpose of inspection, monitoring or sampling; or E. Violation of the pretreatment standards in section 6 of this Ordinance. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause pursuant to subsection 16.4 of this Ordinance why the proposed action should not be taken. Additionally, the user may request an administrative hearing in writing within thirty (30) days of the decision of the show cause hearing. The hearing shall be conducted in accordance with the procedures delineated insubsection 16.7 (C) of this Ordinance. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the user. Sec. 17 Judicial Enforcement Remedies - 17.1 Iniunctive Relief When the, Superintendent 'determines that a user has violated poi continues to violate any provision of this Ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may request that the City Solicitor seek appropriate injunctive relief pursuant to the laws of this State which restrains Or Compels the specific performance of the conditions of the wastewater discharge permit, order, or other requirements imposed by this Ordinance on activities of the user. The City may -50 - also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct anronnental remediation. The decision whether to seek injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. 17.2 Civil Penalties and Criminal Referral A. Any person who violates the provisions of this Ordinance shall be subject to civil penalties pursuant to 30-A R.R.S.A. S 4452 as amended, as well as applicable civil or criminal penalties pursuant to 38 K.R.S.A. SS 349 and 1319-T as they may be amended. The penalties in those statutes shall be in addition to the specific penalties in this Ordinance. B. A user which has violated orcontinues to violate any provision of this Ordinance, a wastewater discharge permit, or other issued hereunder, o any other pretreatment standard or requirement shall be required to pay a fine of not lase than $1,000 per day and not more than $10,000 per day for each and every day of a violation for a first offense. These fines shall increase to A minimum of $2,500 per day and a maximum of $25,000 per day for a second offense of the same or a similar nature occurring within two (2) years of the first offense each day of violation shall constitute a separate offense subject to fine. 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. C. Pursuant to 30-A M.R.S.A. 5 4452 as amended and m.R.Civ.P. 80K;'the City may seek reasonable attorneys' fees, Court coats, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City. D. In determining the amount of civil liability, the Court shall be asked to take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the a violation, corrective actions undertaken by the user, the compliance history of the user, and any other factor as justice requires. -51- E. No person shall wilfully or negligently break, damage, destroy, uncover, deface, tamper with, prevent access to any structure, appurtenance o equipment,or other part of or otherwise harm the Pow. Penalties for violations of this provision of this Ordinance shall be a minimum $1,000 and maximum $10,000 fine for the first offense. A second offense committed within 5 years shall be punished by a minimum $10,000 and a maximum of $25,000 fine. These penalties are in addition to any penalties associated with other civil or criminal provisions of state and federal law which said person may be subject to for such action. 17.3 Piling a suit for civil penalties or making a criminal referral shall not be a bar against, or a prerequisite for, taking any other action against a user. 17.4 The City reserves the right to make appropriate referrals for criminal prosecution pursuant to the provisions of 38 M.R.S.A. S 349 and 1319-T as ended, as well a any other applicable Federal or w State laAdditionally, enforcement of this Ordinance shall not preclude criminal prosecution for other violations of State or Federal law and the City will cooperate in any such prosecutions. 17.5 She provisions of sections 16 and 17 of this Ordinance are not exclusive remedies. The City reserves the right to take any and all enforcement actions or combinations thereof against a noncompliant user. Sec. 18 Supplemental Enforcement Action 18.1 Performance Bonds The Superintendent may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this Ordinance, a previous wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond-withthe City, payable to the City, in a am not tto exceed a value determined by the Superintendent to be necessary to achieve consistent compliance with this Ordinance. 18.2 Liability Insurance I The Superintendent may decline to issue or reissue a wastewater discharge permit to any user which has �_. -52 - failed to comply with any provision of this Ordinance, a previous wastewater discharge permit o order issued hereunder, or any pretreatment standard or requirement, unless the user first submits proof that it has obtained financialassurances sufficient to restore or repair damage to the P01W caused by its discharge, which shall include naming the City as an additional insured. 18.3 Water Supply Severance Whenever auser violates or continues to violate any provision of this Ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City will work with the Bangor Water District to sever water service to the user under District regulations, if applicable. Service will only recommence at the user's expense, after the user has satisfactorily demonstrated its ability to comply with this Ordinance. Sec. 19 Affirmative Defenses to Discharae Violations 19.1 upset A. An upset shall constitute anof firmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph B are met. B. A user Who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating loge, or other relevant evidence thatt 1) An upset occurred and the user can identify the cause(s), of the upset; 2) The facility was at the time being operated in a prudent and workman -like manner and in compliance with applicable 05M procedures; and 3) The user has submitted the following information to the Superintendent within twenty-four (24) hours of becoming a of the upset. If this information is provided orally, a Written submission must be provided within five (5) days, -53- (a) A description of the indirect discharge and cause of noncompliance; (b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time period thenoncompliance is expected to continue; and (c) Steps being taken and/or planned to reduce, eliminate and prevent reoccurrence of the noncompliance. C. in any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. D. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. E. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, lose, 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 otherithings, the primary source of power of the treatment facility is reduced, lost, or fails. 19.2 prohibited Discharge Standards A user shall haveaaffirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in subsection 6.1 of this Ordinance or the specific prohibitions in subsection 6.2(C) -(A) and (T) of this Ordinance 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, (a)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 r interference; orl(b) 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 "DES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. -54- 19.3 Bv A. For the purposes of this Ordinance, (1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility. (2) "Severe property damage" swans any substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, o substantial and paramount lose 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. B. 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 paragraphs (C) and (D) of this subsection. C. (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent at least ten (10) days before the date of the bypass, if possible. (2) A user shall submit oral notice to the Superintendent 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 theIuser becomes aware of the bypass. The written submission shall contain a description of the bypass and its 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 Superintendent may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. -55- D. 1) Bypass is prohibited, and the Superintendent may take an enforcement action against a user for a bypass, unless, (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (b) 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 preventa bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The user submitted notices as required under paragraph (C) of this subsection. 2) The Superintendent may approve an anticipated bypass, after considering the adverse effects, If the Superintendent determines that it will meet the three conditions listed in paragraph (D)(1) of,this subsection. Sec. 20 Wastewater Treatment Hates 20.1 All persons within the City who are, or will be, connected into the City's POW shall be subject to a sawer use charge. A schedule of charges shall be established from time to time by City Council Order. The sewer use charges are to be based on water meter readings of the user, type of wastewater discharged to the POW based on the use of the user's premises and/or other parameters determined by the City to be necessary to cover the cost of construction and OSM of the City's POW. There shall be no discounts given for sewer use charges absent a specific City Council Order authorising a discount. So long as users in the Town of Hermon are billed by the City, Hermon users may �be billed in a manner that is the 'same as ar different from, the City's users. -56- 20.2 The schedule of sewer user charges shall be subject to the approval of the DSP and the EPA. The schedule of charges may be changed from time to time to conform with new State and/or Federal criteria and to conform to the current costs of construction and O&M associated with the City's POTW. The current schedule of user charges, the method of measurement and collection, and all other regulations pertaining thereto shall be available for public inspection in the office of the City Clerk and the Superintendent. 20.3 Pretreatment Charges and Fees The City may adopt reasonable fees for reimbursement of the costs of setting up and operating the City's Pretreatment Program including, but not limited to, the following: A. Fees, not to exceed $200 per year pursuant to 38 M.M.S.A. S 413 as amended, for wastewater discharge permit applications including the cost of processing such applications; B. Fees for mon toring, inspection, and surveillance procedure i ieluding the coat of collection and analysing a user's discharge, and reviewing monitoring reports submitted by users; C. Fees for reviewing and responding to accidental discharge procedures and/or construction; D. Fees for filing administrative appeals; and E. Other fees as the City may deem necessary to carry out the requirements contained herein. These fees will relate solely to the matters covered by this Ordinance. 20.4 Surcharce Fees A. In addition to and State or Fedand fines required by this regular sew and State or Federal law, as well as regular e e chargee, the City may impose surcharge foes onanyuser that discharges into the POTWand the discharge causes or constitutes following: the Eol3owing: (1) slug or slug load; (2) interference; (3) pass-through; -57- (4) excessive loadings, including excessive loading caused by high strength conventional waste from a nonpermitted user; (5) violations of section 6 of this Ordinance; o (6) any other discharge which adversely affects the POTw or increases the City's coat of treating wastewater in the City's POTW. B. Surcharges shall not exceed fifty percent (50%) of the normal sewer user charges unless said amount s necessary to offset the City's cost of treating the discharged material, including any costs incurred by the City for violations of the City's NPDNS permit. 20.5 All surcharge fees and pretreatment charges and fees shall be set from time to time by City Council Order and shall be kept on file for public inspection with the City Clerk and the Superintendent. 20.6 The City may establish fees £or,the disposal of hauled wastewater and special agreements. These fees shall be consistent with, but not necessarily the same as, regular sewer use charges. They shall be set from time to time by City Council Order and be kept on file for public inspection with the City Clerk and the Superintendent. 20.7 Interest shall be collected upon all unpaid sewer use charges, surcharges hauled wastewater fees, and fees and charges associated with pretreatment which remain unpaid after the due date. The rate of interest shall be as set by the Council for the payment of delinquentiproperty,taxes, which rate shall not exceed the highest interest rate allowed by State law for municipal property taxes. Sec. 21 Miscellaneous Provisions' 21.1 Severability 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. - 21.2 Conflicts I�I All other Ordinancee'anfl,parts df,other Ordinances inconsistent or donf licting with Any part of this Ordinance, are hereby repealed to the extent of the inconsistency or conflict. � [ I 93-15) Tc: Pd Hx Cmmittee on Sower Systems and Councilor Sullivan Pram: Bruce N. Sluble3, ASaistent City S011C±bOr N¢: S (hdi.nance Amendment Data: February 5, 1993 Attach to d:is mamrarrLvu is the first third o£ the proposed revisions to the Seaex Ordinance. I will have the rest of the revisions ready for the C®mittea on Tuesday night. The revisions accampanyleg this memorandum include a st temamt of policy and intent for the Ordinance, an expanded defiN.tios section which almost doubles the rutter o£ de£iwtions, and three sectioffi which are in the ascent ordLunce tut have been revisal in a housekeeping msnrex for consistency purlases. TT expanded comber of de£intttons will aid in Hanger's ability to entosa the odinaeCO aral many are sug9aated or xegoired by the EPA. I ren also .inclmiing an wtline of the w ie revised Ordinance w facilitate owns discussions on Tuesday night. Toe outline is as follows: Sec. 1 - General Provisions -includes policy intent and deftniN^^= Sec. 2 - Use of Public Sewers Pegnirei -Sec. 2 'ertt Ccdbmnce Sec. 3 - Cameroon P t Raluired Sec. 3 ccnssent Rdinente Sec. 4 - Installation and � to PublIC :ass Ss. 4 current; OrdinanCe Sec. 5 - Seaer' It tensions Sec. 4A civ. nt Ord narce Sec. 6 - General Sewer use Rtum:mronfc . -Ctvbination of Sec. 5 of cuavnt ordinance and new language proTn clu�des p�im3 discharges, local limits, • ._.. y remdts, and spociei waste sgraemnedt 52. ] - Pid5t3n8tR DirchaDYn - Permit -Outlire rodentriai users permit a piicz :ice megitternaeut Sec. 8 - wastaxater Discharge Ramus -Raluirevl of industrial Il=.ers Sec. 9 - Reporting RBq.:oa"^ts . -For users Mldrag wastemate. Discharge Parents Includes City inspect reglinment_s Sec. 10 - Compliance mnitoring 1 tlfnss City's right of maps end sampling of user sites -2 - Sec. 11 - ConEiderttial vdovmtion -All records £mn nears Fe.^tcvaT s is p� w1Pss tLade eecLet or < `tgy inEomation Ss 1mrolval Sec. 12 - Publication of Users £n SigntEicant Non S£ty xequixed to annually imhl:vh such a list E t se users m c lyu with Pretxeatsent pxxymv conditio s Sec. 13 - Pri to Semge Uis�sal 14 by cu by P Orditwce erval P -riot sublic serer Sec. 14 - Sspta Oispn - sectiaa ss N� oraixmnna -Rr_lvdes tavled wmstewater - — Cv.Stxm: of PiivBte P. St8t1M8 aSYI 1t6a1]fPllt P1anY5 Sec. 16 cusent GxdinanLe -Usually m:urecte3 with ixtlustrial pretxeat�t facilities Ss. 16 - Admtrcsitrative a,M atY's Pme3ies -Expa:ded section on City's m£oxc�t pxaes; required fox EPA cmPliance .a..: �:x.�tt z civil t (np to $includes d, ), oxdess, • penal $2,500 pax day), esugevcY p.?ouit sespension -Ide[M_ifien tie flifmc by Respa Plan, to be adrnted by Councilr ss the methal h which the City a8oxces thi. Ol[111IaP e -Sets up advdnimatrve eazv+4 ptccees Sec. ll - ,Txlicial FSfoximett Pies _p+sxt step afr=. adadnistmtive -H 9civil Penalties auHurired ($1,000 - $Ior000/day, 1st offense; $2,500 - $25,000/day, 2 3 oEfereeJ -Aut ty w see]c injurctive xalie£ and is vel® csimi prosecution xefeaals to apFuolu'iate agencies Sec. 15 - suppienental Enfosmaat Pstim, - -�nrsice W , lishility insurance, p ssihle sevecvice of, water supply in =junction with Water District Sec. 19 - AEfiu rive �£enus to o: �^Ra�o vialatiere . -Sp f defenses that may to xaisai by users in of t - actions Pximstlly c� key mi t control of user such as upset or necessary bypass. Sec. 20 - Wa,tPaatcx 54ea�mt Fates sec. 17 cuaeit -Sps� as to zatesr Pivs "'^i"^;°` for industrial wee wto don't eagpW with penults aed allw p s through ox :.ro..r .e..m app sets A t astmmt Gargr� £ees ixicluding petmtt �..,.� fees and other admudstxative fees. Sec. 21 - M Provvions —Severability, con licca wttl: arra^ r*•++^•••-__ - -3 - Given the length o£ the x� ONfnance, no othez item have teen fonially PLasaR an the agm . x will be at t seet3ng aio:5 with otter staff >reotecs to Casnitomis questions. Thank you £ox youc ture and consltiv.-ation. _ mss/ix cc: &t Baxxett (w/o attaclarat) Som Q m (w/o attachrent) - Sim Ring (w/o attacterent) E a StugEel (w/o attach ) P ph, eashou (w/o attactment) % Gilt (w/o �) x ,Tellison (w/o auaclareet) Tb: Beg City Crnmcilrr�' 7 Fran: Brace N. Shililas, &natant City Solicitor Re:$c car uaa pNinanae Proffitt Teta: February 12, 1993 Attached to this varormu£un axe tem dccivoent 'Ae first is a props�l revision to the current Seer dee ice. This eevision is a cc repealing and replacing the ezisiing ttaa rce. The second is a cagy of a trlaf narorandimn to the s ibo Camiittee on Saar Systew which cvnlsin=' a bzief ratline of the zevis�. ale proposal xevisi axe being sent a reek aMad of first reading at the direction of the Cmm£ttee tsausa of tM1 ctnglexdty and length of the xevis£ons. nesse revisicros are xe9uirei Primarily due to recent EPA including the reed to suier n the enfosa of the City's pretreat Progrmn. Tre revisions regaire Fess in the � near fut ry because of an ulxadng EPA audit of the City's Publicly Q Tx moot Fbtka (rt ). TT audit of the FCID] is schedtvled to take Place on. Narch Ur 16, and 17r 1993. the Cann£ttee has requested refesai to a Council tiorkshop meeting as a co ttea of the mole. The C ttae also dir tai staff to caret with the cusmt Fermittai in:Wstrial petreates in malar to arcate and discuss with the Pxet esters wmt will be un the: new Ordixw�ce. These discussions axe scheduled to take place On `-'ebru 24th. Staff will le sceding the ptetceat , ee wall as the EPA, a copy of the peposed revision. Finally, Ila C ttee felt that it might to a good idea to have an BPA rapesentat£ve at the woddmp. If the EPA rep Ofttati is agree- able, it xould males sense to scterLtle the Workshop when that parson will be. here in N h. I will be preparing future meaoraMa explaining varicus provisiore of the pxcpsal. At this timer hoeve , I believe that Tine erzteided laid tip will aid in the Council's rwlew and del�- ENS/jr 31:closuxa pc: M Pauett Sohn T Sim Bing Feu G bb AlAlfa lishnu S ECi1C StimpfstuWfel 93-15] -7- CC. Medical Waste[ Isolation wastes, infectious agents, human blood and blood products, patho- logical wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes. DD. Milligrams Per Liter: This term shall mean a weight to volume ratio. The figure appearing before the symbol ^mg/1^ shall be the number of milligrams to be found ine (1) liter of the substance being tested. This figure can be transposed to pounds per million gallons of water by multiplying said figure by 8.39. 88. Natural Outlet, My outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater. PP. New Source• 1. My building, structure, facility, or installation from which there is or rosy be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Mt which will be applicable to such source if such standards are thereafter promulgated in accordance with that section of the Act, 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 us the discharge of pollutants at an existing source; or (e) the production or wastewater generating processes of the building, structure, facility, or installation are sub- stantially independent of an existing source at the same site. In determining whether the sources 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. 93-15) Aulp:edto Camunhe Cohen, February 22, 1993 s CITY OF BANGOR (TITLE) /prbffiM=, Amending Chapter. V, Article 9 of the Laws and Ordinances of the City of Bangor -- Use of Public Sewers and Ba i6 ordained 6P Ne City Cosuit MNa City ofBaµor, aefoumus: THAT Chapter V, Article 9 of the Laws and Ordinances of the City of Bangor be and is hereby repealed and replaced with the following: ARTICLE 9 — USE OF PUBLIC SEWERS ARD DRAINS Sec. 1 General Provisions 1.1 Purpose and Policy. This Ordinance sets forth uniform requirements for users of the POW for the City of Bangor and enables Bangor to comply with all current State and Federal laws, and future amendments, including the Clean water Act (33 USC 5 1251 gJ Bea.) and the General Pretreatment Regulations (40 CFA Part 403). no objectives of this Ordinance axe: A. To prevent introduction of pollutants into the POW that will interfere,with the operation of the POW; B. To prevent the introduction of pollutants into the POW which will pass through the POW, inadequately treated, into receiving waters or otherwise be incompatible with the POW;