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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 -4- mpeaEmenf-P}apE�-m#qAE-@ass-ER£eagA-EAe-6evage-P}apE aAEFe86edt-e£-m}qhE-iegFflib-SA¢-P}gpErB-B}gigs-qa8}#Ey-a£B ea9jeef-fe-sYA-@£ef£eaEmepf-Foga}Famea9e-aBie£-BRe-ea8ege3y e€-6}qp£€#e9nE-dee£+--dee£e-wAeee-i#eaha£gae-s£e-fags}gees aaieF-49-SYR-4Bg-eai-49-fiFR-4d§-469-a£e-eahjaes-Ee-SYA @xeE£eafinegf-Rega#£emeBEe-aBiee-fhe-eafegeFy-6€-6aSeget£ea} deed (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