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HomeMy WebLinkAbout2008-05-28 08-195 ORDINANCEJS 95 Nelgoed to Coup Uor O'¢irico tl y 28, 2008 CITY OF BANGOR (TITLE.) Ordinance, Amending the Code of the City of Bangor, Chapter 252, Sewers and Drains, to Comply With State and Federal Law, Allow for Greater Latitude In Operations and Oversight, and Make Various Other Changes. Be It orCalneOby the Cky ofBangol as follows: That the Code of the City of Bangor, Chapter 252, § 252-1(B) be amended as follows: B. The objectives of this chapter are: (7) To enable Bangor to comply with Its Platienal Maine Pollutant Discharge Elimination System (NPDES)ME( PDES) permit conditions, sludge use and disposal requirements and any other federal or state laws to which the POTW is subject. That the Code of the City of Bangor, Chapter 252, § 252-3(B) be amended as follows: B. Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows: ACI' or THE ACT—The federal Water Pollution Control Act, also known as the "Clean Water Act," 33 U.S.C. § 1251 et seq. APPROVAL AUTHORITY— The Reg aanal Admin scalar of the Env renmental The Maine Department of Environmental Protection AUTHORIZED REPRESENTATIVE OF THE USER (I) 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 policymaking or decision making IP CITY COUNCIL May 28, 2008 plrst leading and Referred # OB-I95 to Transportation d Infre tucturn Committee Mee O R D N eNce xS4 ffOCLMJ a��g .we ..ao .. alr «o of rSea CLPBB r Meager. Chapter 252 audlDrsias, Tow ..l A11W for greater LatitudeinOperations IN CITY COUNCIL ma Sgh' - Sone 9, 2000 Changes Motion Made aad Seconded for passage cote: 8-0 CouaciLrta Doting Yee:Blac D'grriro. Mtl�ed p CouotYor Farrington e[nMik, Heves Farrington, Ste Palmer,lt, Steve and Wheeler Gouqilore Voting Nos None. P d V�C-- CL NBR / I i �& 195 functions for the corporation; or (b) The manager off one BF more manufactur of, product an a operation facilities employing MeFB man 250 peFsens or hak nq seeand quarter 198D cellars), IF authority to s gn documents has �: The managerof one or more nufacturin reduction r operafino facilities, Manager is authorized to make management decisions that aovem the operation the facility or implicit duty of making major ental investment recommendations, and inPo to and direct other comprehensive measures to assure Iona—term environmental compliance environmental d reoulatons7 can ensure that the necessary sv=Ms am fished or actions taken to oather cemplete and accurate information for individual wagniater discharge term requirements: and where author N to sign documents has been Migned r deleciated to the manager in accordance with r e procedures. (2) If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively. (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 Subsections (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. BEST MANAGEMENT PRA(BMPS) - Schedule of ad vit as, pilghibitions of practices, mainteoilloce plooedures.and other management practices to implement the gn listed in Section 252.9. BMPs Includ treatmentve ents operating r cetl res, and practices to control olant site. runoff, spillage or leaks, sludge or waste disposal. or drainage from raw i F.R]ief lI BIOCHEMICAL OXYGEN DEMAND —The quantity of oxygen ublized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 200 C., expressed In milligrams per liter (mg/p. V 8 195 COMPOSITE $AMPLE — The sample resulting from the combination of individual wastewater samples taken at selected Intervals based on an increment of either flow or time. DAILY MAXIMUM LI rigilutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass. the daily discharceis the total mass dischamed over th course of the day. Where daily Maximum Limits am expressed in terms of concentration, the IIdischarge is the arithmetic average measurement n ntration derived from all measurements taken that DISCHARGE — Any substance knowingly put or allowed to flow into any part of the Citys POTW. INTERFERENCE —A discharge that, alone or In conjunction with a discharge or discharges from other sources, both: (1) Inhibits or disrupts the City's POTW, treatment processes or operations or its sludge processes, use or disposal; and (2) Which thus contributes to cause a violation of any requirement of the City's NPDES HERD 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 Stolon 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. • .W`f�i�71O1yc1dtiidG4r7:Riej �tlif'ulie6Yd�7�7�71vi�9 A M andanaering the health f POTW oarsonnelr the oeneralas defined in this section, (4) Any discharge of a pollutant that has caused an imminent danger to human health, including the health of the City's POTW personnel, or to the environment or has required an exercise of the City's emergency authority to halt the discharge under 40 CFR 403.8(f)(2)(vi)(B); (5) Failure to meet, within ninety (90) days of the scheduled date a compliance schedule milestone contained in an indiv dual wastewater glaCliame permit or enforcement order for startfirm construction, comoletng construction or attaining final compliance- imassed-sedeagpr ._..___. 4hn__days _date, (6) Failure to provide within thirty (30) days after the due data. any reau ed reportss including baseline monitor'no reportsreports on compliance with caterioncal Preggabiricrit Staodard deadlinesperiodic aetrionitiorina remits. n reports on compliance schedules (7) Failure to accurately report any noncompliance with permit requirements; or (8) Any other violation or group of violations which may include a violation of.@434 Management Practices which the Superintendent determines will adversely affect the operation or implementation of the City's pretreatment program. SLUG or SLUG LOAD — Any discharge at a flow rare or concentration which that could cause a violation of the general prohibitions of § W9A and the specific prohibitions of § 1-9B of this chapter. A Slug D"schame is any discharce Ma n i is natureincludina but not ' accidentalncus[oma tch dischame. which has a reasonabie potential to cause In Through, or in any other way violate the POTW's regulations Local Limits or Permit conditions 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. That the Code of the City of Bangor, Chapter 252, § 2524 be amended as follows The following abbreviations shall have the designated meanings: BOD Biochemical oxygen demand BMP Best Manaaement Practices CFR Code of Federal Regulations mop Milligrams per liter MEPDES Maine Pollutant Discharge Elimination System NPDES National Pollutant Discharge Elimination System That the Code of the City of Bangor, Chapter 252, § 252-7(D) be amended as follows: D. The size, slope, alignment and materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfllirg of the trench shall all conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the City or state. Editor's Note: See Ch. 81, Building Code, and Ch. 211, Plumbing Code. In the absence of code provisions and in amplification thereof, the materials and prumdures set forth In appropriate specifications of the ASTM and WEF Manual of Practice No. 9 shall apply. That the Code of the City of Bangor, Chapter 252, g 252-9 be amended as follows: B. Specific prohibitions. No discharger or user shall introduce or cause to be introduced Into the PONY the following pollutants, substances or wastewater: (10) 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 plants effluent, thereby violating the City's PIPES S MEPDFS permit. F. (IB) Any substance or material prohibited under 40 CFR 403, in particular 403.5(a) and (b). Also any other substance or material the discharge of which results in a violation by the City of the regulations, now or herein after existing, of any public entity, including the EPA, or results in a violation of the City's NPBES MEPDES permit. F. Federal Categorical Pretreatment Standards. The categorical pretreatment standards found at Title 40 of the Code of Federal Regulations, Chapter I, Subchapter N, Parts 405 through 471 are incorporated herein by reference. These standards must be adhered to by dischargers to, or users of, the POTW. 1 When a Catmortcal Pretreatmelft 5laodaw is axwessed only in terms of ragligraLt concentrations n Industrial ser may r convert the limits W ss limits. The determination to conve rDopentration limits to mass limits Is within the discrefion of the SuPerintendent. The City may establisha uiv lent mass limits n If th Industrial user meets all the conditmns set forth in subsection Hal the hh (b) Ao I tl Ari I User subiect to eatfivalent mass limits must v8 i95 aintain and effectively ooeate control and treatment ...-f'11FT.MmINF..7RR3 ,iTiIFlrT'S�ili u. 1 r 1 W 1 rr W 1 •V�,• �� • Sr r.r'.•r�e4 �"rr 11!L" V��C4 L •ST rr Ir •r r _- •1 - - - r• 1 a l r, u� ..Ir - u.- a 1- (2) Onm included in its mmit. the Industrial User must comply with the ival nt limitations developed as per this s=on in lieu of the OMMoloated Categorical ards fr m which the eauivalent limitabons were derived. (3) Any 7 d ctrl I ❑ acing under a nermit lnco=ratina eauivalent G8-195 mass or concentraton limits calCulalred from a rod ction based Standard shall noi the Stuperintendentwithin two 2business has a asona le basis to knowthe prisi ni nd chance within ext calendar month. Any User not notifying Sucenintendent of such anticipated chance will be mouired to meet the mass or concentrabon limits in'iscemit that werebased on the I estimate of the Iona term average production rate G. Local limits. (1) 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 EPA Pf —P. (2) Loal limits may be set for the following pollutants: arsenic, barium, cadmium, chromium, copper, cyanide, lead, mercury, nickel, fats, oils or other greases of animal or vegetable origin or oil and grease and other petroleum or mineral oil products, silver, TTO and zinc. This list may be amended or local limits may be developed for any other pollutants deemed appropriate, including pollutants that on cause pass-through, interference, worker health and safety problems, fume toxicity, etc. The City will provide advanced written notice of new loal limits to users prior to initiating enforcement actions. [Amended 6.27.19% by Ord. No. 94274] (3) The discharge lual limits must be met at the point where the user's wastewater is discharged to the POTW. 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. L`Il The Superintendent may develop Ugagt Management practices and Mass Based Limits by ordinancer in individual wastawarter dscha ge oermits, to implement Local Limits arid any othergeneral discharm prohibitions as defined iSection 2529 H. City's right of revision. The Cry reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. 38 195 That the Code of the City of Bangor, Chapter 252, § 252-11 be amended as follows: § -11. Wastewater discharge permits. F. Wastewater discharge permits shall be Issued for a specified time period, not to exceed five years.: waste..,: : d S:.`,aFye pe "Itmay be issued f8F B pened ef less than five years. Each wastewater discharge permit shall indicate a spedflc date upon which it will expire. H. 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 PDTW. (1) Wastewater discharge permits shall contain the following conditions: (c) pretreatment standards and effluent limits based on the general and specific prohibited discharge standards, categorical pretreatment standards, local limits,inducting Bet Manaaement Practices and Mass Based Limitations and all applicable law. (2) Wastewater discharge permits may contain, but reed not be limited to, the following conditions: (d) Requirements for the development and implementation of spill and/or slu control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated or routine discharge. That the Code of the City of Bangor, Chapter 252, § 252-12 be amended as follows: D. Periodic compliance reports. 08 195 (1) All significant industrial users shall, at a frequency determined by the Superintendent, but in no case less than twice per year In lune 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 dally Rows for the reporting period. In cases where the Pretreatment Standard requires munpliance with a Best Management P cti(BMP) or pollutlo Prevention Ite ati the User must submit documentation eu ed by the Surer ritendent or the pretreatment Standard necessary to dcteamine the I' stats of the User. All periodic compliance reports must be signed and Certified in accordance with 4 W10C of this chapter. F. Reports of potential problems. (3) 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 Subsection F(1) above. Employers shall ensure that all employees who may Cause such a discharge to occur are advised of the emergency notification procedure. (4) Starificant Industrial Users am required to notify the Superintendent immediately nes at its facility affecting the potenbal for Sluo Discharge G. Notification of the discharge of hazardous waste. In addition to all other requirements of this chapter, any user which discharges hazardous waste Into the POTW shall notify the POTW, the EPA Regional Waste Management Division Director and Maine hazardous waste authorities, In writing, within five days of the discharge, of any such discharge. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA 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 POTW, natural resources or other damage to person or property, nor shall such notification relleve the user of any Rnes, penalties or other liability which may be imposed pursuant In this chapter. H. Notice of violation/repeat sampling and reporting. If sampling performed by a user or the POTW Indicates a violation, the user must notify the Superintendent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the „8 195 repeat analysis to the Superintendent within 30 days after becoming aware of the violation. The user is not required to resample R the POTW monitors at the user's facility at least once a month or if the POTW samples between the user's initial sampling and when the user receives the results of this sampling. 3. Sample collection. (1) Except as indicated in Subsection ](2) below, the user must collect wastewater samples using 21 hpy�r flow- proportional composite llyl�WXi�IlilM4diAl_N_II.I.Wi�k1_�IlI�IWI.. _ sulfides and volatile organic chemicals must be obtained using gral sample collection bechniques. 12 38 A5 sarriples necessary to assess and assure Pretreatment Standards and Requirements. K Determination of noncompliance. The Superintendent will use appropriate sampling to determine mroompliance with pretreatment standards, inducing the use of standard methods. M. Recordkeeping. Users subject to the reporting requirements of this chapter shall retain and make available for inspection and copying all records or information obtained pursuant to any monitoring activities indudion documentation associated with BMPs required by this chapter 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 records shall be retained by the user for a period of at least three years. This period shall be automatically extended for the duration of any litigation corltemirlg the user or the POlW or where the user has been specifically notified of a longer retention period by the Superintendent. O 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. .1HOMMMM 1r,.r s r,r .uu le, .1 X11 1- IV •r. 'V .1 MIA 11 i'. 1 11- 08 195 am aware that there are significant penalties for submitting false information includino the cossibilityfine and imprisonment finr knowing violations." That the Code of the City of Bangor, Chapter 252, Q 252-13(A) be amended as follows: A. Inspection and sampling. The City shall have the right to enter the facilities of any user to ascertain whether the purpose of this chapter, 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. (2) Where a user has security measures in force which require proper Identification ant 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 pedmming specific responsibilities, such as compliance monitoring. That the Code of the City of Bangor, Chapter 252, § 252-14 be amended as follows: Information and data on a user obtained from reports, surveys, wastewater discharge permit and monitoring programs 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 PlPBES MEPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as 14 38 195 defined by 40 CFR 2.302, will not be recognized as confidential information and will be available to the public without restriction. That the Code of the City of Bangor, Chapter 252, § 252-15 be amended as follows: The f1Fy Superintendent shall publish annually, in the largest da ly newspape published in th Gity whete the POTW Is located, a newspaper of oeneral doculation that provides a meanloofulblit notice within Hre jurisdiction served by the POTW. a list of the Users which, at any time dudno the previous twelve 112) months. , were in Significant Noncompliance with applicable Eretreatment Standards and Requirements. The term "Significant Noncompliance" as defined in a'ZF-3 shall be applicable to all Sonificant Industrial U (or anyother Industrial U ) as defined in § 2$$-3 of this chapter That the Code of the City of Bangor, Chapter 252, § 252-I8(E) be amended as follows: E. Waste haulers must dispose of hauled wastewater at the designated receiving structure only during such days and times as designated by Superintendent een the hours of a.-. and p,m., Plenda . Waste haulers using trucks having a volume gauge or sight glass will be charged at the applicable rate per 1,000 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. That the Code of the City of Bangor, Chapter 252, § 252-21(B) be amended as follows: B. Civil penalties and criminal referral. (5) No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance a equipment or other part of, or otherwise harm, the POTW. Penalties for violations of this provision of this chapter shall be a minimum fine of $1,000 for the first offense. A second offense committed within five years shall be punished by a minimum 15 08 i95 frce of $10,000 and a max mum fine ef $25,009. 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. That the Code of the City of Bangor, Chapter 252, g 252-23(A) be amended as follows: A. Upset. (2) A user which wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, that: (c) The user has submitted the following information to the Superintendent wlthm 24 hours of becoming aware of the upset. if this Information is provided orally, a written submission must be provided within five days. [i} A description of the indirect discharge and cause of li) noncompliance; [-2] The period of noncompliance, including exact dates and times r) or, If not corrected, the anticipated time period the noncompliance is expected to continue; and E3} Steps being taken and/or planned to reduce, eliminate and prevent reoccurrence of the noncompliance. That the Code of the City of Bangor, Chapter 252, 4 252-24 be amended as follows: B. The se _ of __ _ __ ___ _ __ _ '-— DEP and theEPA.The schedule of charges may changed from time to time to conform to new slate anti/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 Pretreatment charges and fees. The City may adopt reasonable fees for reimbursement of the costs of setting up and operating the Citys pretreatment program, Including but not limited to the following: (1) Fees, ,for wastewater discharge permit applications, including the cost of processing such applications; D. Surcharge fees. (1) In addition to any penalties and fines required by this chapter and state or federal law, as well as regular sewer use charges, the City may shall impose surcharge feet on any user that discharges Into the POND and the discharge causes or constitutes the following: (a) Slug or slug load; (b) Interference; (c) Pass-through; (d) Excessive loadings, including excessive loading caused by high- strength conventional waste from a nonpermiNa] user; (e) violations of § W9 of this chapter; or (f) Any other discharge which adversely affects the POM' or increases the City's cast of treating wastewater in the City's PON/. (2) Surcharges shall not exceed 50% of the normal sewer user charges, unless said amount is 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 NPBES MODES permit. E. All surcharge fees and pretreatment charges and fees shall be set from time to time by City -feud- order - the Superintendent and shall be kept on file for public inspection with the City Clerk and the Superintendent. F. 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. They shall be set from time to time by City Council order or by contractual'land be kept on file for public inspection with the City Clerk and the Superintendent. G. Interest shall be collected upon all unpaid sewer use charges, surcharges, hauled wastewater fees and fees and charges associated with pretreatment �8 9 which remain unpaid after the due date. The rate of interest shall be as set by the Council Finance Director for the payment of delinquent property taxes, which rate shall not exceed the highest interest rate allowed by state law for municipal property taxes. That the Code of the City of Bangor, Chapter 252, 4 252-25(I) be amended as follows: I. Any ratepayer which uses water in its end manufactured produR produced for the wholesale market which is shipped from the ratepayers facility eran may apply for an abatement of the sewer use fee equal to that portion of the water which does not reach the ❑tys sewer system. Deletions are struck through; additions are underlined. fpl