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
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Infre tucturn Committee
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A11W for greater LatitudeinOperations
IN CITY COUNCIL
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Sone 9, 2000
Changes
Motion Made aad Seconded
for passage
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Farrington e[nMik, Heves
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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
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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.
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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.
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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
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aintain and effectively ooeate control and treatment
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(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.
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(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
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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.
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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.
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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
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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
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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.
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