HomeMy WebLinkAbout1990-10-10 90-344 ORDINANCE-- 90-344
Item/Subject: Amending Chapter V, Article 9 of the Laws a Ordinances
Public Sewers and Drains
Responsible Department: Legal
The attached proposed amendments to the City's wastewater
pretreatment Ordinance incorporate a number of changes required
under the U.S. EPA's new wastewater pretreatment regulations issued
.July 24, 1990. Significant changes to the City's Ordinance are as
follows:
(1) A number of new definitions have been added to the
Ordinance, to reflect new terminology and changes in
terminology contained in the new EPA regulations.
Significant among these are:
-- redefinition of 'Industrial User" to delete exclusion
of governmental entities who otherwise qualify;
-- redefinition of "Interference" to specify that
interference may be caused alone or in conjunction
with other users' discharges;
-- new EPA definitions of 'Significant Industrial User",
"Significant Noncompliance", and "Significant
Violation".
(2) Enforcement provisions have been significantly
strengthened and penalty amounts increased, consistent
with the provisions of Mine's land use violations statute
under Title 30-A, M.R.S.A.
(3) Enforcement responsibility has been placed with the
Plant Superintendent and the Pretreatment Program Manager,
rather than the City Engineer.
(4) Time limits for filing certain required reports have
been shortened from twoweeks to five days.
These and other changes are more or lees mandated by the
new EPA Regulations.
Item No.
page 2 at 2
Introduced For
Passage I y 2
� Rafe ralrtng q papa _ of
First Reading
o
r
Date 10-10X90
Item NO. en -164
Item/Subject: Amending
Chapter V, Article 9
of the Laws b Ordinances
-- Public Sewers and Drains
Responsible Department:
Legal
Commentary:
SEE PAGE
2
De(mtl, nr Hrnd
Marmger's Comments:
.
r 4
cirymewsse-
Associated Informatiorn
Budget Approval:
lixa aDF<
Legal Approval:
IF
CIry5plirLur
Introduced For
Passage I y 2
� Rafe ralrtng q papa _ of
First Reading
o
tp
90-344 M- 4�
CITY OF BANGOR
(TITLE.) Mrl111IA1ttHs__Amending Chapter V Article 9 of the Laws and
Ordina c s of the City of Bangor blic Sewers and Drains
Be it o.dahud 6Y dw CRY Cou l of Hm Cay afBaspw, as fo ":
TEAT Chapter V, Article 9 of the Laws and Ordinances of the City of
Bangor be and is hereby amended as follows:
(1) THAT Section 1 be amended as follows:
1.4 .1 "Cateaorlcal User": Anv user of the City's sewer
whosesystem discharges l t d under 40 CPR
403 and 40 CPR 405 469 h th bi
to U.S. EPA Pretreatment requirements as a cate00rica1
1.7 .1 -Discharge": Any substance knowingly Put or allowed
toflowinto any part of the it 's sewer SYSteM Or
treatment works.
1.7 .2 "Discharger": Refers to all industrial users.
including "Categorical Users" and "Significant
Industrial Users" as defined in this Section.
"Discharger" also refers to any non -industrial user
of the City's sewer system who may be subiect to
Iegulation under this Ordinance.
1.8.1 "EXCessive Loading",discharge lti '1
a Biological Oxvaen Demand (B.O D.) or Total Sus-
pended Solids fT S S ) loading in excess of 350
mall.
1.9.1 "Bich Strenath Conventional Waste": Refers to any
non -industrial waste of a substantially greater
denormal domestic
including all wastes likely to cause "excessive
loading" as defined in this Section.
1.10 "industrial User^: Any sea-geveEsmankal user of the
City sewage system, including agriculture, forestry,
fishing, mining, manufacturing, transportation,
communication, electrical, gas and sanitary services
and any other industrial services discharging into the
City sanitary sewer system any industrial waste, or
discharging into the City sanitary sewer system any
waste other than domestic sewage as defined in this
Section.
r
MTEE.) MrbiiTkT wet.
90-344
)
Assigned to Councilor Sexl, October 10, 1990
OF BANGOR
a
,ter V Article 9 of the Laws and
Ordinan d£ the City ¢f Bangor Public Sewers and Drains
Bs at otdao k4aCW Cwmd!e9Cif theLarrse /biloma:
BangCha ex V, Article 9 of the Laws and Ordinances of the City of
Bangor and is hereby amended as follower
(1) THAT Section 1 be Amended as follows:
1.4.1 "Categorical of the City's sewer
stem whose discharges are regulated under 40 CFH
403 and 40 CFR 405-469 who is otherwisesubject
to U.S. EPA Pretreatment i Ls; as a catecorip,41
_user.
.7.1 -DiSC e Any substance Irrowingly not or allowed
t fl it f th Ci t
treatment works.
harger", Refers to all industrial
including ocategorical d "Significant
I dustrial U define din th' S so on.
haroev- also refersnon-in tl ti 1 user
r, of the City's sawer systrem who may be sublect to
regulation under this Ordinance.
1.8.1 "Excessive cessive lo d' My discharge lti i
a Biological Oxygen Demand lH O D.1 or Total Sus -
Md Solids (T.S.S.1 loading in excess of 350
1.
1.9.1 "High Strength Conventional Waste't' Refers to any
ncon-industrial waste of a substantially greater
density, toxicity, or acidity than ordinary domestic
sewage, includin a es likely to cause "oxcgssive
loading" ae tle£inetl in this Section
1.10 "Industrial user-.; Any n n-gerewrwewsa} user
of the
ty s
Ciewage system, including agriculture,forestry,
fishing, mining, manufacturing, transportation,
communication, electrical, gas and sanitary services
and any other industrial services discharging into the
City sanitary sewer system any industrial waste, o
discharging into the City sanitary answer system any
waste other then domestic sewage as defined in this
Section.
90-344 �' w
ORDINANCE
In City Council CctlOpeY 10,1990 G
Moved from ReferraV on I TCT{$,) AmeNing chs tery Article- I'- -
agenda .for discussion q
,Of the Laws and ordinances of, the C1
Amended on page 5 sec-%O
in the End line after the v / Of Bangor - Public Sewers and Main -
word Significant add the
industrial
tto
word i t0 ty arcl IL[4ARTedM6Ml /(y}( f
economic developumant,
Committee
ciTy lark f—
IN CITY COUNCIL }.
OCTOBER 22, 1990 ` 1.
Tabled - ConsiriVr ext regular meeting.
Com%
dTTTP. _BAR
CITY,
. ,
IN CITY COUNCIL DECEMBER 10,1990
PASSED A3 AMENDED BY THE FOLLOWING
VOTE 8 Yes 1 ABSENT
C
City Clerk U
IN CITY COUNCIL
November 14, 1990
Tabled until next
CI HK
IN CITY COUNCIL
November 26, 1990
Ref to nextti
CITY ERR
VOTING YES BALOACCI,CONEN, FEARFUL,
BAWER, SATO, SOSNAUD, STONE, SULLIVAN
ABSENT SHAUN PAMENAb BY SUBSTITUTION
ity Cle[E— k
I
iF
1.12
-2-
1 1] 1 "Pass -Through": Any discharge from the City's
treatment works into waters of the United States in
quantities or concentrations which alone or in con-
iunction with a discharge discharges from other
sources,
s
cau Vm
violation of a requirement of the
City's NPOESo rmit (including anincreasein the
magnitude or duration of a violation).
1.22.1 "Pretreatment Program Coordinator": The 91tv's
Wastewater Treatment Superintendent or a designated
assistant responsible for sunervisionf the Cit
wastewater Pretreatment program.
1.30.1 "Significant Industrial User":
(1) All industrial users
subiect to Categorical
Pretreatment Standards under 40 CPR 403.6 and
40 CPR Chapter I Subchapter N: and
-3-
1.30.2 "Significant Noncompliance": Significant non-
compliance with this Ordinance includes the following:
111 Ch 1 f discharge
I, L e those violations in which 66& Or
f all k d th More
d
exceed by any magnitude the daily maximum limit o
average limit for the same Pollutant o ameter:
f2) Technical Review Criteria (TRC) violations.
i.e., those violations in which 33% or more of all
measurements for each Pollutant Parameter taken during
six-month period equal o exceed the Product of
thedaily average maximum limit or average limit
multlPlied by the applicable TRC fTRC= 1.4 for H. D.,
T 5 S . fats, oil and grease: and 1.2 for all other
Pollutants except PH);
(3) Any other violation of a pretreatment effluent
limit (daily ma mum or longer-term average) that the
Superintendent or Pretreatment Prograss Coordinator
determines has caused, alone or in combination with
other discharges interference or pass-through, a
defined in this Section.
l4) Any discharge of a pollutant that has caused
nvninent danger to human health, including the health
of the City's treatment works Personnel or to the
ent, or has required an exercise of the City's
emergency authority to halt the discharge under 40
CPR Part 403.9(f)f2)(vi)(B)e
(5) Failure to meet a compliance schedule milestone
imposed under this Ordinance or by agreement within
90 days of the scheduled date;
(6) Failure to Provide any retort required under
this Ordinance or permit or under SPA regulations
within 30 days of the due date;
lit Failure to accurately report any non-compliance
with permit requirements: or
!R1 Any other violation or group of violations which
the Superintendent determines adversely affect
operation or implementation of the City's pretreatment
-4-
(2) THAT Section 5, Subsection 5.17 be amended as follows:
5.17 EPA Recuirements. Any substance Or material prohibited
under 40 CPR Part 403, in particular 5 403.5(a) and (b). Also
any other substance or material wA#eh-xesn}ts-£a-a-v#a}as}es
6y -spa discharge of which d£sehaege results in the a
violation by the City of the regulations, now or hereafter
existing, of env public entity, including the U.S. EPA.. or
(3) THAT Section 5, Subsection 5.18 is amended as follows:
5.18 If any waters or wastes are discharged, or are proposed
to be discharged to the public a which waters 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 sewage works,
processes,
, equipment, or receiving waters, or which otherwise
eateashazard to life or constitute a public nuisance, the
Superintendent may:
(1) Reject the wastes,
(2) Require pretreatment to an acceptable condition for
discharge to the public sewers,
(3) Require control over the quantities and rates of
discharge, and/or
(4) Require payment to cover the added cost of handling
and treating the wastes.
If the Superintendent permits the pretreatment or equalization
of waste flows, the design and installation of the plant and
equipment shall be subject to the review and approval of the
Superintendent, and subject to the requirements of all
applicable codes, ordinances, and laws. The Superintendent's
approval, if granted, shall not be deemed to relieve the
discharger of its responsibility to comply with discharge
permit r auiremente and shall not constitute an acceptance
Of the adequacy of the pretreatment process or equipment
selected. Where preliminary treatment or flow -equalizing
facilities are provided for any waters or wastes, they shall
be maintained continuously in satisfactory and effective
operation by the owner at his expense.
-5-
(4) THAT Section 6, Subsection 6.2(11) is amended as follows:
(11) All disclosure forms and an Periodic r orta submitted
by a discharaer shall be signed by the principal executive
officer of the discharger. and shall contain the following
ertification:
(5) THAT Section 7.0 is added as follows:
(6) THAT Section 7.0..1 is added as follows:
-6-
(7)
THAT Section 7, Subsection 7.2 is amended as follows:
7.2 wastewater discharge permits may impose effluent
restrictions or limits on the discharger if the Superintendent
determines that such limits are necessary to protect the
quality of the treatment plant influent, effluent, or sludge,
r to maintain compliance with any applicable Federal or
State law., including reauiements under the City's NPDES
permit and national CateQOriCal pretreatment staccatos tor
now tl existing sources currentlyt Out in 40 CFR Subpart
N Section 901-471.
THAT Section 7, Subsection 7.5 is amended as follows:
�✓'-
7.5 Any uses discharger who violates the-€e}iewing
any conditions of his its permit, or of this Ordinance,
or of applicable State and Federal regulations, ie-sihjeee
se-havisq_hge may have its permit revoked. violations
subjecting a uses discharger to possible revocations of
his its permit include, but are not limited to, the
following:
(9) THAT Section 8, Subsection 8.5 is amended as follows,
8.5 All measurements, tests, and analyses of the
characteristics of waters and wastes to which reference
is made in this Ordinance shall be aetesmiaed made i
accordance with she-}a£set-e9€ties-a€-a6taa9aie-Metheds
€es-the-eaamiaatiea-e€-Wates-sad-Waefewafesanalytical
procedures specified
by to}eh-A. EPA t}Bar analytical
in 40 urea a ecified and
the L.S. EPA a eptly set out
in 40 a provided,
136, and shall be a samples
at the control
manhole provided, o upon suitable samples taken at said
Detrol manhole. In the event that no special manhole has
been required, the control manhole shall be considered to
be the nearest point at which the carried
out sewer Is
acceptedconnected.m Sampling shall
flec be carried out by customarily
accepted methods to reflect the effect of constituents upon
the sewage works and to determine the existence of hazards
to life, limb, and property. (The particular analyses
involved will determine whether a twenty-four (24) Dour
composite of all outfalls of a premise is appropriate o
whether a grab sample or samplesshould be taken. Normally
but not always, BOD and suspended solids analyses are
obtained from composites of all outfalls whereas
pH's are determined from periodic grab samples).
-1-
(10) THAT Section 9, Subsection 9.2 is amended as follows
9.2 Any discharger subject to a National Categorical
Pretreatment Standard as defined in Sec. 1, Subsection
1.4 of this Ordinance, after the compliance date of such
National Categorical Pretreatment Standard, Or, in the.
aof a new discharger, after commencement of the discharge
to the City shall submit to the City during the months of
June and December, unless required more frequently by the
City or the O.S. SPA, a report indicating that nature and
concentrations, of known or suspected prohibited and/or
this -report such remorse shall include a record of all
measured or estimated average and a maximum daily flows during
the reporting period. Flows shall be reported on the basis of
actual measurement, provided however, where cost or feasibil-
ity considerations justify, the City may accept reports of
average and maximum flows estimated by verifiable techniques.
The City for good cause shown considering such factors a
local high or low flow rates, holidays, budget cycles, o
other extenuating factors may authorize the submission of said
reports on months other than those specified above.
(11) THAT Section 13 is amended as follows:
Special Agreements. No statement contained in this Ordinance
shall be construed as preventing any
special agreement or arrangements between the City and any
industrial concern whereby an industrial waste of unusual
strength or character may he accepted by the City for
treatment, subject to payment therefor, by the industrial
concern, provided that such agreements do not contravene
any requirements of existing Federal laws or regulations,
includina the City's NPDHS Permit reouirements, and are
compatible with any user charge and industrial cost recovery
system in effect.
(12) THAT Section 18 is amended as follows:
Administration and enforcement. The administration and
enforcement of this Ordinance
shall be the responsibility of the 6#ty_gng£aeee-a€-the-g#ty
99 -Ranges Treatment Superintendent.
ee
(13) THAT Section 19.1 is amended as follows:
19.1 Any industrial waste diocharger who experiences an upset
in operations, which places the discharger in a temporary,
instantaneous or prolonged state of non-compliance with this
Ordinance shall inform the Superintendent thereof immediately
upon first awareness of the upset. A written fol.low-up report
shall be filed by the discharger with the Superintendent
within twe-f29-weeks five f51 working day
under this Section shall be si d b h s. Retorts made
i i l executive
officer or plant superintendent of the discharger and shall
containthe certification d in Section 6(111 of this
Ordinance. The report shall specify:
(1) Description of the upset, the cause
e thereof
and the upset's impact on a discharger compliance
status.
(2) Duration of non-compllance, including exact
dates and times of non-compliance, and if the
non-compliance continues, the time by which compliance
is reasonably expected to occur.
(3) A1_ steps taken or to be taken to reduce,
eliminate and prevent recurrence of such an upset
or other conditions of non-compliance.
Provided the raports rewired by this aubsection a e timet
filed. the Superintengent shall be authorized to waive
'imposition of m netary Panather
lties owise r iredundex
this Ordinance_unless, in the Superintendent' a 0,}yj¢Q, the
,resort hoe been made falrely fox those of avoiding
such penalties.
(14) THAT Section 19.2 is amended as follows:
19.2 If the "iY-Bsgiaaee Sup rintnndent cr Pretreatment
Pi�ram Coordinator shall find any provision of this
Ordinance or any wastewater discharyo_a mit issued hersunder
being violated, he shall notify in writing the person
responsible for such violation, indicating the nature of
the violation and ordering the action necessary to correct
it.
(15) THAT Section 19.3 is amended as follows:
19.3 The Gity Wastewater Treatment Superintendent may
€exgeed-eamee-spawn
suspend the wastewater treatment
service to a disc'.wrger when it appears to the 91ty
Superintendent that an actual or threatened discharge
presents or may present an Imminent or substantial danger
to the health or welfare of persons, or substantial danger
-9 -
to the environment, interferes with the operation of the
municipal wastewater facilities or violates any pretreatment
limits Imposed by the ordinance. Any discharger notified
of the suspension of the City's wastewater treatment service
shall immediately cease all discharges. In the event of
failure of the discharger to comply voluntarily with the
suspension order, the City shall take all action it deems
necessary, including immediate severance of the sewer
connection, to terminate further discharge from the dis-
charger's premises into the system. In addition, the City
Solicitor is authorised to take all necessary action,
including but not limited to the commencement of litigation
in the name of the City of Bangor, to compel or obtain the
discharger's compliance with such order and to terminate any
further discharge from the discharger's premises into the
system.
(16) THAT Section 19.4 Is amended as follows,
19.4 When the violation is not corrected by timely
compliance with a correction order issued under Section
19_..2 the 6}by Wastewater Treatment Superintendent may
order any discharger who causes or allows conduct prohibited
by this sewer-uses-e0rdinance heree€7 to show cause
be€ere-the-S}Ey why the -@reposed service £erm£satles
aea}ea should not be taken terminated. A written notice
shall be served on the discharger by personal service, or by
recular U&, mail, certified or registered, return receipt
requested, specifying the time and place of a hearing to be
held by the 6}£y Superintendent regarding the violation, the
reasons why for the proposed enforcement actions }e-Ee-qe
sakes>-bqe-@E6@ese9-en€ereemesb-aeb£em>and directing the
discharger to show cause before the 6}sy Superintendent why
the proposed en€ersemen£ action should not be taken. The
notice of the hearing shall be served no less than ten (10)
days before the hearing. Service may be made on any agent,
officer, or authorized representative of a discharger g e
preeeed£nge Evidence taken at the hearing shall be considered
by the S£sy-wh}eh Suo inttendenwho shall then enter
appropriate orders with respect to the alleged improper
activities of the discharger. A@@ea}-a€-snap-erAera-may-qe
taken-qy-fqe-g}segarQer-in-aeeer9aaee-w}Eh-a@@}}eat}g_}eea}_er
eEa£e-}ax:
-10-
(1]) TMAT Section 19, Subsection 19.5 is amended as follows
19.5 in the event that the Pity Superintendent finds an
£xanssnia}_B£sekarger the discharger to be in non-compliance
with this Ordinance o with any discharge permit issued by the
City, the City may, at its option, try to reach an agreement
with the discharger on a compliance schedule to eliminate the
cause of the violation. If no agreement can be reached, the
City can mandate a compliance schedule to the £adustr£&#
eieekarger discharger. The compliance schedule may include
an order for the £n9netr£a}_B3eeAargar discharner to
terminate use of the City's Sewers for the discharge of the
undesirable wastewater. If the £agnate£&}_e#seharger
discharger fails to meet the compliance schedule, or has a
historical record of violations, or has failed to report a
violation condition to the Superintendent, the 61ty
Superintendent #e-regnire�r-Hader-6PA-Pretreatment
66aadarder shall to-E}ae find the discharger in
Significant Non-Compliancer--wAe-gisy-is-required-By-Federa}
law-te shall regularly publish the names of all dischargers
n Significant Non -Compliance in the area's largest newspaper,
te-sake-}egg}_eerreat£ve shall initiate action against the
discharger, and to shall report the name of the discharger
to EPA Region I in Boston, Massachusetts.
(18) THAT Section 20 is amended as follows:
Administrative Review. and Appeals. Any discharger 09 -arty
or interested party
shall have the right to request in writing an interpretation
or ruling by the 61ty-engineer Wastewater Treatment Super-
intendent onany matter covered by this Ordinance and shall
he PntitlPdto a nrompt written reply. ;n -the -event -that
-11-
(19) TA T Section 22 is amended as follows:
penalties. Any person adjudged to be in violation of this
ordinance shall be guilty of a civil violation and shall be
fined not less than $50,GGl0� nor more than $1,000.00
offense.
City Or courts may impose, any gB£BBA-BF-#R9g BE£ig#
discharger that who violates this Ordinance or any
applicable discharge permit shall ba required to make full
restitution to the City for any damages, operational problems,
mechanical failures, fines or penalties, incurred by the City
ase result of the violator's wastewater discharge or illegal
act.
iryWual:la�nit
November 26, 1990
TO: Bangor City Council
FROM: Erik Stump£el, Asst. City Solicitor
RE: Council Ordinance #90-344 -- Sewer Ordinance
Pending on theagendabefore you is a revision to Chapter
V, Article 9 of the Ordinances of the. City of Bangor relative to
public sewers. The proposed Ordinance revision is intended to
bring Bangor's pretreatment program into compliance with revised
EPA regulations promulgated in July of this year. Pursuant to
Councilor Saxl's request, attorneys from Lord, Day 6 Lord have
reviewed the proposed Ordinance revision. As a result of recent
correspondence from Lord, Day 6 Lord, certain changes have been
made in our proposed Ordinance revision. Enclosed herewith is a
copy of the Ordinance incorporating those changes. Please note
that I have highlighted the changes suggested by the Lord, Day 5
Lord attorneys. It is recommended that this Ordinance be
substituted for the one currently on the agenda, and that the
substituted version be enacted.
E. S.
tc
Enclosure
pc: Ed Barrett
Ralph Mishou
-2-
1.12 "Interfere 4Me-#nq#s#6#en-em-d£smtlgs£efl-e€-a
B#We} BOBNe£-B}•BSBMt-L4Ba6Nefl6-$PBBBBBBB-BF
e�erasiene-wq€eq-een6eignse-se-a-V£B}ae#en-e€-any
A diec
£egs#sor inon with team£e. dih dt or d1 that
alone1 h
from other sources either mensinhIbits or disrupts
or the
and
ch thus
BV6tem. treatment DSOCe6Bi Or OOBLBt10I18.
and which thus contributes to a violation of any
cements of the City's NPD85 permit
1 10 1 "P - h h"• Any disc]aarge fr= the C't
treatment works into U.S. waters i guantitles o
concentrations that, alone or in coalunction with a
aischarae or discharges from other sources, causes
violation of the Citv'e NPDRS permit.
1 22 1 "Pretreatment Program Coordinator": The City's
Wastewater Treatment Superintendent or a designated
assistantrviaion o t
wastewater pretreatment proaram.
1.30.1 "Significant Industrial Deer':
(1) All industrial users subiect to Catecorical
Pretreatmen 403.6 and
40 CPR Chapter I Subchapter N: and
(21 Any other industrial user who discharges a
average of 25.000 gallons ver day Or re of process
wastewater into the City's treatment works Or
system- or contrIbutes aProcess wastewater which
makes up 5 oercent or more of the average dry
weather hvdraulic or organic capacity of the City's
treatment plant. or whose discharge has aaonable
potential to cause interferencea throuh or
to of se adversely affect the treatmentPlant's
operation or to cause aiolation of env pretreatment
standard or requirement under 40 CPR 403.
1.30.2 "Significant Noncompliance': Significant non-
compliance with this Ordinance includes the following:
f11 Chronic violations of wastewater discharge
limits, i.e.. those violations in which 668 or more
of all measurements within a six-month period
exceed the daily maximum limit or average
for the same Pollutant Parameter:
RI Technical Review Criterla (TRCI violations,
i.e.. those violations in which 33% or more of all
measurements for each pollutant Parameter exceed
-3-
e Product of the daily average maximum limit
or averaae limit times the TRC (TRC 1.4 fOr
B.O.D., T.S.S.. fats, oil, and grease: and
1.2 for all other pollutants except OM:
(3) Any other violation of a Pretreatment
effluent limit that the Superintendent or
Pretteatagnt Rmarcum Cggrdinator determines
has caused interference or wee -through, as
defined in this Section -
(41 My dischasan of a pollutant that has
used imminent danger to human health,
welfare or to the enviroment. or has required
an exercise of t authorit
to halt the discharge:
(5) Failure to meet a compliance schedule
milestone within 90 days of the scheduled date:
(6) Failure to provide any required report
within 30 days of the due date:
(71 Failure ort any nOn
ompliance with permit r ements: or
(8) Any other violation adversely affecting
operation of the City's pretreatment program.
1 30.3 "Significant Violation": Any violation which remains
uncorrected 45 days after notification of non-
compliance, which is cart of a pattern of non-
compliance over a twelve month period, which
involves a failure to accurately report non-
c�lianceor which has in the City
exercising its em authority under 40 CFR
Part 403.81f11211vi1(BIV
(2) THAT Section 5, Subsection 5.37 be amended as follows:
5.17 EPA Requirements. Any substance or material prohibited
under 40 CFR Part 403, in particular S 403.5(a) and (b). Also
any other substance or material xA#eh-£een}Ee-#s-e-v#e}ns#em
Ay-Pke discharge of which dleeha£ge results in the a
violation by the City of the regulations, now or hereafter
existing, of any public entity, including the U.S. EPA.. or
sults in a violation h i 's NPDES Arty
}BAneE£#e}_sews£-Pea£-nAe-m}seka£ges-g£eaEe£-Ekas-5gippg
ga}}sae-e€-waBEewe€eF-9a#}y_#s_an€emeEsea}}y_exAjee€-Ee-EPA
@8e E£ed£mBAE-PEQa#FeB1EPE B-PadeF-EkE-9a68gB£y-B€-Ma�BF-gBeP�
Bea£e-wkeee-H#asks£gee-m#gAE-kaFm-EAe-BeweF-eF-6ewage
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(3) THAT Section 5, Subsection 5.18 is amended as follows
5.18 If any waters or wastes are discharged, or are proposed
to be discharged to the public sewers, which waters 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.gewage works,
processes, equipment, or receiving waters, or which otherwise
create a hazard to life or constitute a public nuisance, the
Superintendent may:
(1) Reject the wastes,
(2) Require pretreatment to a acceptable condition for
discharge to the public assets,
(3) Require control over the quantities and rates of
discharge, and/or
(4) Require payment to cover the added cost of handling
and treating the wastes.
If the Superintendent permits the pretreatment o
of waste flows, the design and installation of the
equipment shall be subject to the review and appro
Superintendent, and subject to the requirements of
applicable codes, ordinances, and laws. The Sun
facilities are provided for any waters or wastes, they shall
be maintained continuously in satisfactory and effective
operation by the owner at his expense.
(4) THAT Section 6, Subsection 6.2(11) Is amended as follows,
(11) All disclosure forme and any Periodic reports submitted
by a discharger shall be signed by the principal executive
offices of the discharger, And shall contain the following
certification:
"I certify under vacuity of law that this
document and all attachments were prepared
under my tion or supervision n accordance
with a system designed to assure that analified
Personnel Properly gather and evaluate the
information submitted. Based on my inguiry of
-5 -
the persons who manage the system, or those
persons directly responsible for gathering
the information, the reformation submitted
is, to the best of my knowledge and belief,
true accurate, and co
there are sianificant penalties for submitting
false information, including the possibility
of fine and imprisonment for knowing
violations."
(5) THAT Section 7.0 is added as follows:
(6) THAT Section 7.0.1 is added as follows:
(7) THAT Section 7, Subsection 7.2 is amended as follows:
7.2 wastewater discharge permits may impose effluent
restrictions or limits on the discharger 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
-6 -
State law., including reouirements under the City's
NPAES permit and standards currently set out in 40 CPR
Subvert N Section 401-471.
(8) TRAT Section ], Subsection 7.5 is amended as follows:
9.5 Any uses discharger who violates the-€e}}ew}ag
env conditions of his its permit, or of this Ordinance,
or of applicable State and Federal regulations, #a-eeh4eet
te-hav#ng-h#e may have its permit revoked. Violations
subjecting a uses discharger to possible revocations of
his its permit include, but are not limited to, the
following:
(9) THAT Section S. Subsection 8.5 is amended as follows:
8.5 All meataureumte, testa, and analyses of the
characteristics of waters and wastes to which reference
is made in this Ordinance shall be 9eteam#Pes made in
accordance with Ehe-}gEe9E-e6#E#9A-a€-=6C8A�eeg-NBEA9�6
€B£-Ehe-6P8M}gabsBP-Bi-Wekee-BAd-WeB$BWeEePar-pep}#Bled
4y-the-seemspec-fied by ta}th_A. EPA f#ecr analytical
in
CFR
specified and
the N.S. EPA a artily act out
in 90 CFR Part 136, sup shall be determined at the control
manhole provided, or upon event
samples taken at leid
control required,
t in the event Llai no special manhole has
been required, the control manhole shall be considered to
be the nearest point at which the building Beaaverso: is is
connected. hods to shall
flec be carried out by customarily
accepted methods to reflect the effect of constituents haz upon
the sewage works d p to determine the existence Of analyses to life, limb, and property. ra particular (24) hour involved will determine whether a twenty-four (pri hour
composite of all outfalls of a samplespremiseshoal is appropriate or
whether a grab sample or upendshould be taken. Normally
but not always, BOD and suspended solids analyses are
obtained from 29 -hr composites of all outfalls whereas
pH's are determined from periodic grab samples).
(10) THAT Section 9, Subsection 9.2 is amended as follows:
9.2 Any discharger subject to a National Categorical
Pretreatment Standard as defined in Sec. 1, Subsection
1.4 of this Ordinance, after the compliance date of such
National Categorical Pretreatment Standard, or, in the
case of a new discharger, after commencement of the discharge
to the City shall submit to the City during the months of
June and December, unless required more frequently by the
City or the U.S EPA, a report indicating that nature and
concentrations, of known or suspected prohibited and/or
_1_
regulated substances in the effluent which are limited
by the National Categorical Pretreatment Standards, hereof
Such reports shall be signed by the principal aecutive
officer of the discharger. and shall contain the certification
Ieguired in Section 6f111 of this Ordinance. In addition,
Sh#e-eegeet such reports shall include a record of all
measured or estimated average and a maximum daily flows during
the reporting period. Flows shall be reported on the basis of
actual measurement, provided however, where cost or feasibil-
ity considerations justify, the City may accept reports of
average and maximum flows estimated by verifiable techniques.
The City for good cause shown considering such factors as
local high or low flow rates, holidays, budget cycles, or
other extenuating factors may authorise the submission of said
reports on months other than those specified above.
(11) TEXT Section 13 is amended as follows%
Special Agreements. No statement contained in this Ordinance
shall be construed as preventing any
special agreement or arrangements between the City and any
industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the City for
treatment, subject to payment therefor, by the industrial
concern, provided that such agreements do not contravene
any requirements of existing Federal laws or regulations,
including the Citv's "DES permit reauirements. and are
compatible with any user charge and industrial cost recovery
system in effect.
(12) TEXT Section 18 is amended as follows:
Administration and Enforcement. no administration and
enforcement of this Ordinance
shall be the responsibility of the 6#ty-Bae#seat-e€-She-6#ty
e€-Eaeeen City's wastewater Treatment Superintendent.
(13) THAT Section 19.1 is amended as follows:
19.1 Any industrial waste discharger who experiences an upset
In operations, which places the discharger in a temporary,
instantaneous or prolonged state of non-compliance with this
Ordinance shall inform the Superintendent thereof imsediately
upon first awareness of the upset. A written follow-up report
shall be filed by the discharger with the Superintendent
within twe-tai-weeks five (5) working days. Reports made
under this Section shall be stoned by the principal executive
officer or Plant sunserintendent of the discharoar and shall
contain the certification required in Section 6!111 of this
Ordinance. The report shall specify%
-8-
(1) Description Of the upset, the cause thereof
and the upset's impact on a discharger compliance
statue.
(2) Duration of non-compliance, including exact
dates and times of non-compliance, and if the
non-compliance continues, the time by which compliance
is reasonably expected to occur.
(3) All steps taken or to be taken to reduce,
eliminate and prevent recurrence of such an upset
or other conditions of non-compliance.
Provided the reports reaulred bv this subsection are timely
filed, the Superintendent h ll be authorized to waive
imposition of monetary penalties otherwise required under
thin i 1 In theSuperintendent's opi i the
wort has been made falsely for the Purpose of avoiding
such Penaltie
(14) THAT Section 19.2 is Amended as follows:
19.2 If the gity-Bagieeae Superintendent or pretreatment
Proaram Coordinator shall find any provision of this
Ordinance or any wastewater discharge Permit issued hereunder
being violated, he shall notify in writing the person
responsible for such violation, indicating the nature of
the violation and ordering the action necessary to correct
it.
(15) THAT Section 19.3 is amended as follows:
19.3 The gity Wastewater Treatment Superintendent may
€ex-geed-eases-ehewa suspend the wastewater treatment
aervice to a discharger when it appears to the Gk%y
Superintendent that an actual or threatened discharge
presents or may present an imminent or substantial danger
to the health or welfare of persons, = substantial danger
to the environment, interferes with the operation of the
municipal wastewater facilities or violates any pretreatment
limits imposed by the Ordinance. Any discharger notified
of the suspension of the City's wastewater treatment service
shall immediately cease all discharges. In the event of
failure of the discharger to comply voluntarily with the
suspension order, the City shall take all action it deems
necessary, including immediate severance of the sewer
connection, to terminate further discharge from the dis-
charger's premises into the system. in addition, the City
Solicitor is authorised to take all necessary action,
including but not limited to the commencement of litigation
in the n of the City of Bangor, to compel or obtain the
dischargeree compliance with such order and to terminate any
further discharge from the discharger's promisee into the
system.
1 -9-
(16) TEAT Section 19.4 Is amended as follows:
19.4 when the violation is not corrected by timely
compliance with a correction order issued under Section
19.2 the 8#ty Wastewater Treatment Superintendent may
order any discharger who causes or allows conduct prohibited
se
by this wer-neer-eQidinancehereatT to show cause
Ee€axe-the-S#ty why the-exeeemee service Eexm#rtat#er,
satin should not be taken terminated. A written notice
shall be served on the discharger by personal service, or by
regular U.S. mail, certified or registered, return receipt
requested, specifying the time and place of a hearing to be
held by the S}ty Superintendent regarding the violation, the
reasons why for the proposed enforcement action, #m-te-he
5ahewr-the-pxegeeee-es€ereewertt-set#arty and directing the
discharger to show cause before the S#ty Superintendent why
the proposed en€exeemeat action should not be taken. The
notice of the hearing shall be served no lams than ten (10)
days before the hearing. Service may be made an any agent,
officer, or authorised representative of a discharger. The
pxeeeee}rtes Evidence taken at the hearing shall be considered
by the S#ty-wh#eh Superintendent mho shall then enter
appropriate orders with respect to the alleged improper
activities of the discharger. Aggea}_e£-eveh-eFdere-way-he
€ me-hy-Ehe-d#BBhaF§eF-$R-888BFd8flee-N}Eh-a��}#mH6}e-}Bme}_ex
state -}ax=
(17) THAT Section 19, Subsection 19.5 is amended as follows
19.5 In the event that the S#ty Superintendent finds an
£ndssme a}_B#sehaxgex the discharger to be in non-compliance
with this Ordinance or with any discharge permit issued by the
City, the City may, at its option, try to reach an agreement
with the discharger on a compliance schedule to eliminate the
cause of the violation. if no agreement can be reached, the
City can mandate a compliance schedule to the £RenetrIa}
B#sehaxgex dischar. The compliance schedule may include
an order for the }aenetx#a}_e#eehaxgex discharger to
terminate use of the City's sewers for the discharge of the
undesirable wastewater. if the £Renetx#a}_B#eehaxgex
discharger fails to meet the compliance schedule, or has a
historical record of violations, or has failed to report a
violation condition to the Superintendent, the S#Ey
Superintendent#e-Fegn#xe9r-vaeex-6PA-Pxetreafwertt
Staedaxder shall to -€#Re find the discharger in
Significant Won-Compliances-Rhe-g#ty-}e-""Ired-Ey-Federa}
law-te shall reaularly publish the names of all dischargers
in Significant wan -Compliance in the areals largest newspaper,
te-Sake-}ege}_eesxeet#ve shall initiate action against the
discharger, and to shall report the name of the discharger
to RPA Region I in Boston, Massachusetts.
p -10-
(18J THAT Section 20 is amended as follows:
Administrative Review. and Anneals. any discharger
or interested
shall have the right to request in writing an interp
or ruling by the g#ty-Beg#eeet Wastewater Treatment
intendant on any matter covered by this Ordinance an
be entitled to a oromot written reuly. £a -the -event
(19) THAT Section 22 is amended as follows,
Penalties. Any person adjudged to be in violation of this
Ordinance shall be guilty of a civil violation and shall be
fined not less than $5QvQQ1S 00.00 nor more than $1,000.00
. ws.su cer aay. in aaarrron to any penairres rnar the
City ox courts may impose, any @essew-ee-#n9eett'£a#
discharger that who violates this Ordinance or any
applicable discharge permit shall be required to make full
restitution to the City for any damages, operational problems,
mechanical failures, fines or penalties, incurred by the City
an result of the violator's wastewater discharge or illegal
acts