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HomeMy WebLinkAbout2012-12-7999ORDINANCE #2012-12-7999 AN ORDINANCE AMENDING CHAPTER 114, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF PADUAH, KENTUCKY, RELATING TO THE USE OF PUBLIC SEWERS -`1 WHEREAS, the JSA was formed pursuant to identical ordinances adopted by the legislative bodies of the City of Paducah and McCracken County under the authority of KRS 76.231 (hereinafter the "JSA Forming Ordinance"); and WHEREAS, the JSA Forming Ordinance is codified at Chapter 114, Article II, Section 241-254 of the Code of Ordinances of the City of Paducah; and WHEREAS JSA is required, as part of its five year license renewal, to update certain portions of its sewer use ordinance; and WHEREAS, the City of Paducah presently has a sewer use ordinance contained in Chapter 114, Section 31- 237, of the Code of Ordinances of the City of Paducah which conflicts with the provisions required for JSA to complete its five year license renewal; and WHEREAS, in an effort to correct said conflicts, the City hereby finds that it should amend its current ordinance to meet said requirements: NOW, THEREFORE, be it ordained by the Board of Commissioners of the City of Paducah, as follows: SECTION 1. Chapter 114, Article II, Section 32, the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended and shall hereafter read as follows: Section 114.32 Definitions Unless the context specifically indicates otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated: ACT or "the Act" - The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. Agency - The Paducah McCracken Joint Sewer Agency (JSA). Agency Facilities - Any structure, appurtenance, wastewater collection system line, lift station, wastewater treatment equipment or any other part of the wastewater system owned by the Paducah McCracken Joint Sewer Agency. Apportionment of Construction Costs - The amounts on various tracts of land liable for payment of the costs of construction of a sewage collection system and appurtenances to serve a particular described area (Assessment Zone) to be benefited by the collection system. Assessment Lien - A lien superior to all liens except liens for state, county, city, school, and road taxes and liens prior in time for other public improvements shall exist against the respective lots or tracts of land for the costs of the sanitary sewers, appurtenances and property service connections plus interest there on at the rate of six percent (6%) per annum. Authorized Industrial User Representative - A designated representative from an industrial user authorized to act on the industrial user's behalf, as per 40 CFR, Part 403. Average Residential Flow - The average daily design residential flow is 400 gallons per day. Baseline Monitoring Report (BMR) - A report submitted by categorical industrial users as per 40 CFR 403. Biochemical Oxygen Demand (BOD) - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20° Celsius expressed in terms of weight and concentration in milligrams per liter (mg/1). Building Drain - That part of the lowest horizontal piping of a drainage system, which receives the discharge from soil, water, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall. Building Sewer Service Line - A branch sewer that discharges into a main line sewer. Capacity Fee - A fee established as a one-time charge for new wastewater customers as a way to recover part or all of the cost of additional system capacity constructed for their use. It is calculated based on the value of the utility's capacity and the amount or capacity needed by the new customer. Carbonaceous Biochemical Oxygen Demand (CBOD) - With chemical inhibition of nitrification, the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20 degrees Celsius expressed in terms of concentration in milligrams per liter (mg/1). Categorical Pretreatment Standards - Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5. Categorical User - A user subject to categorical pretreatment standards. Collector System - A network of sewer lines, pumping stations and other structures collecting wastewater from building service lines within a specified area and forming a sub -system within the JSA collection system. Combined Sewer - A sewer receiving both wastewater and storm water. Combined Waste Stream Formula (CWF) - Procedure for calculating alternative discharge limits at industrial facilities where a regulated waste stream is combined with other non-regulated waste streams prior to treatment (40 CFR 403.7). Compatible Pollutant - Biochemical oxygen demand, suspended solids and fecal coliform bacteria; plus any additional pollutants identified in the JSA's KPDES permit, where the POTW is designed to treat such pollutants and, in fact, does treat such pollutants so as to ensure compliance with the JSA's KPDES permit. Concentration -Based Limit - A limit based on the relative strength of a pollutant in a waste stream, usually expressed in mg/l. Consent Judgment - A court order entered in Franklin Circuit Court, Civil Action No. 07 -CI -1252 between the Paducah McCracken Joint Sewer Agency and the Commonwealth of Kentucky Environmental and Public Protection Cabinet. 2 Control Authority - The Approval Authority or the JSA, when there exists an approved pretreatment program under the provisions of 40 CFR 403.11. Cooling Water - The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. Core/Trunk System - Fundamental system components, which include interceptors, regional pumping stations, and treatment facilities. Diluted Waste Stream - Boiler blow down, sanitary wastewater, non -contact cooling water and certain process waste streams that have been excluded from regulation in categorical pretreatment standards because they contain none or only trace amounts of the regulated pollutant. Direct Discharge - The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Kentucky. Discharge Permit - A permit issued to users that authorizes discharges to the public sewer. Discharger - Any person that discharges or causes a discharge to a public sewer. Domestic Wastewater - The water -carried wastes produced from non-commercial or non -industrial activities and which result from normal human living processes. Easement - An acquired legal right for the specific use of land owned by others. Effluent - The liquid overflow of any facility designed to treat, convey or retain wastewater. Environmental Protection Agency or EPA - The United States Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said Agency. ERU (Equivalent Residential Unit) - Determined by the JSA as the daily design flow of 400 gallons per day. Executive Director - The person designated by the JSA to supervise the JSA's wastewater system. Flow Proportional Composite Sample - Combination of individual samples proportional to the flow of the waste stream at the time of sampling. Flow Weighted Averaging Formula (FWA) - A procedure used to calculate alternative limits for a categorical pretreatment standard where regulated and unregulated waste streams combine after treatment, but prior to the monitoring point as defined in 40 CFR 403. Garbage - The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods in home kitchens, stores, markets, restaurants, motels, hotels and other places where food is stored, prepared or served. Specifically excluded are food processing wastes from canneries, slaughter houses, packing plants, and similar industries. Grab Sample - A sample, which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. Indirect Discharge - The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system). Industrial Discharge Permit - A permit issued to Significant Industrial Users. Industrial User - A user who is owner of record, the lessee, sub lessee, licensee, permitee, or other persons in possession of real property used as a manufacturing or processing establishment or a commercial or industrial operation, which contributes wastewater to the JSA treatment facilities. Industrial Wastes - The wastewater from industrial or commercial processes as distinct from domestic or sanitary wastes. Interceptor - A device designed and installed so as to separate and retain deleterious, hazardous or undesirable matter from normal waste, which permits normal sewage or liquid wastes to discharge into the sewer or drainage system by gravity. Interceptor as defined herein is commonly referred to as a grease, oil, or sand trap. Interference - A discharge which alone or in conjunction with a discharge or discharges from other sources: (1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes for use or disposal; and/or, (2) Is a cause of a violation of any requirement of the POTW's KPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. Kentucky Pollutant Discharge Elimination System (KPDES) Permit - A permit issued by the Commonwealth of Kentucky under the authority of Section 402 of the Act (33 U.S.C. 1332). Main Line Sewer - A sewer main that connects manholes or structures and serves one or more building sewers. May - This is permissive (see "shall"). Natural Outlet - Any outlet, including storm sewers, into a watercourse, pond, ditch, lake, or other body of surface or groundwater. New Source - Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed categorical pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: a) The building, structure, facility or installation is constructed at a site at which no other source is located; or b) The building, structure, facility or installation totally replaces the process or L production equipment that causes the discharge of pollutants at an existing source; or c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. 4 Ninety (90) Day Compliance Report - A report submitted by a categorical industrial user, within 90 days following the date for final compliance with applicable categorical pretreatment standards that documents and certifies the compliance status of the user (40 CFR 403.12(d)). Nuisance -_A use of property which results in annoyance or interference with the use and enjoyment of another's property, if the use would substantially annoy or T_ interfere with the use and enjoyment of property by a person of ordinary health and normal sensitivities. Ordinance - This ordinance, unless otherwise specified. Parameter - A component or property of wastewater which places an identifiable demand on the wastewater system. Pass Through - A discharge of pollutant, which cannot be treated adequately by the POTW and therefore exits into waters of the United States in quantities or concentrations, which alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the JSA's KPDES permit (including an increase in the magnitude or duration of a violation) (40 CFR 403.3). Person. - Any individual, partnership, co -partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agent or assigns. PH - The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Pollution - The man-made or man -induced alteration of the chemical, physical, biological, and radiological integrity of water. Pollutant - Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water, including medical wastes, chemical wastes, biological materials, radioactive materials, heat, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, CBOD, COD, toxicity, or odor). Pretreatment Coordinator - A representative of the JSA who works with the industrial users to coordinate and implement the Industrial Pretreatment Program. Process Wastewater - Any water that, during manufacturing or processing, comes into direct contact with or results from the production of or use of any raw material, intermediate product, finished product, by-product, or waste product. Prohibitive Discharge Standard - Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403(5). Properly Shredded Garbage - The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than % inch in any dimension. Publicly Owned Treatment Works (POTW) - Used as a reference to any JSA treatment facility. Public Sewer - Any sewer dedicated to public use and whose use is controlled by the JSA. Sanitary Sewer - A sewer that carries domestic and/or industrial wastewater and to which storm water, surface water and ground water are not intentionally admitted. Sanitary Sewer Permit - As set forth in "Building Sewers and Connections" (Article IV). Sewer - A pipe or conduit that carries wastewater or drainage water. Sewer Lateral - The section of a pipe that connects a property owner's building sewer to the POTW's main sewer line. Shall - Is mandatory (see "may") Significant Industrial User (S (1) Except as provided in paragraplis v)(2) and v)(3) of 40 CFR 403.8 the term Significant Industrial User means: (i) All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and. 40 CFR chapter I, subchapter N; and. (ii) Any other Industrial User that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and bailer blowdown wastewater),• contributes a process waste stream which makes pp five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW Treatment plant; or is designated as such by the Control Authority on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement in, accordance with 40 CFR 403.8(f)(6)). (2) The Control Authority may determine that an. Industrial. User subject to categorical Pretreatment Standards under § 403.6 and 40 C.F.R. chapter I, subchapter N is a Non -Significant Categorical Industrial User rather than a Significant Industrial User on afindingthat the Industrial User never discharges more than one -hundred (100) gallons per day (gpd) of total categorical wastewater (excluding sanitar, non -contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the fallowing conditions are met: (i) The Industrial User, prior to the Control. Authority's finding, has consistently complied with. all applicable categorical Pretreatment Standards and .Requirements; '�--D (ii) The Industrial User annually submits the certi:iication statement required in §403.12(q) together with any additional. information necessary to support the certification statement; and (iii) The Industrial User never discharges any untreated concentrated wastewater. (3) Upon. finding that an.:Industrial User meeting the criteria in paragraph (v)(1)(ii) of this section has no reasonable potential for adversely affecting the MaMILIMAINVETOW (1) Except as provided in paragraplis v)(2) and v)(3) of 40 CFR 403.8 the term Significant Industrial User means: (i) All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and. 40 CFR chapter I, subchapter N; and. (ii) Any other Industrial User that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and bailer blowdown wastewater),• contributes a process waste stream which makes pp five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW Treatment plant; or is designated as such by the Control Authority on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement in, accordance with 40 CFR 403.8(f)(6)). (2) The Control Authority may determine that an. Industrial. User subject to categorical Pretreatment Standards under § 403.6 and 40 C.F.R. chapter I, subchapter N is a Non -Significant Categorical Industrial User rather than a Significant Industrial User on afindingthat the Industrial User never discharges more than one -hundred (100) gallons per day (gpd) of total categorical wastewater (excluding sanitar, non -contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the fallowing conditions are met: (i) The Industrial User, prior to the Control. Authority's finding, has consistently complied with. all applicable categorical Pretreatment Standards and .Requirements; '�--D (ii) The Industrial User annually submits the certi:iication statement required in §403.12(q) together with any additional. information necessary to support the certification statement; and (iii) The Industrial User never discharges any untreated concentrated wastewater. (3) Upon. finding that an.:Industrial User meeting the criteria in paragraph (v)(1)(ii) of this section has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standards or Requirement, the Control Authority m at t any time, on its own initiative or in response to a petition. received from an Industrial User or POTW, and in accordance with 40 CFR 403.8(fl(6). determine that such Industrial User is not a Significant IndustriaUser. Slug Discharge or Load - Any pollutant (including Biochemical Oxygen Demand, Fats, Oils, Grease and Suspended Solids) released in a discharge at a flow rate or concentration which will cause interference or damage to the operation of JSA facilities. Split Sample - Portion of a collected sample given to the industry or to another agency to verify or compare laboratory results. Standard Industrial Classification (SIC) - A classification scheme based on the type of industry or process at a facility. Standard Methods - The examination and analytical procedures set forth in the recent editions of "Standard Methods for the Examination of Water and Wastewater," published jointly by the American Public Health Association, the American Water Works Association,and the Water Pollution Control Federation as specified at 40 CFR 136. State - Commonwealth of Kentucky. Storm Drain (Sometimes Termed "Storm Sewer") - A pipe conduit for conveying storm or surface water but excludes any domestic or industrial wastewater. Storm Water - Water that enters inlets or drains connected to storm or combined sewers following wet weather events. Surcharge - A charge for services in addition to the basic sewer usage for those users whose contributions contain Biochemical Oxygen Demand (BOD), Chemical Oxygen Demand (COD), Total Suspended Solids (TSS), Oil & Grease or Ammonia -nitrogen (NH3-N) in concentrations which exceed limits specified herein for such pollutants. Where authorized by the Control Authority, payment of a surcharge will authorize the discharge of the referenced pollutants so long as the discharge does not cause pass through or interference. Total Suspended Solids (TSS) - Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids and that is removable by laboratory filtering in accordance with procedures described in "Standard Methods". Tap -On Fee - A connection fee charged to recover the costs of providing core facilities and appurtenances. Time Proportional Composite Sample - Combination of individual samples with fixed volumes taken at specific time intervals. Toxic Pollutant - Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of EPA under the provisions of the Clean Water Act 307(a) or any amendments thereto. Unregulated Waste Stream - A wastewater that is not regulated by national categorical pretreatment standards. User - An owner or occupant, whether private, governmental or otherwise of a unit, building, premises or lot in the JSA service area who is responsible for payment of metered water charges or who contributes to the waste stream from 7 sources other than those of public water. Usage Fees - Charges for service will commence upon issuance of a Sanitary Connection Permit. Waste Hauler Permit - A permit issued to septic tank collectors authorizing the disposal of septic tank or similar non -industrial waste pursuant to the provisions set forth herein. Wastewater - The spent water of a community. Sanitary or domestic wastes shall mean the liquid and water -carried wastes from residences, commercial buildings and institutions as distinct from industrial wastes. Wastewater Facilities - The structures, equipment, and processes required to collect, carry away, treat domestic and industrial wastes, and dispose of the effluent. Wastewater Treatment Plant - An arrangement of devices and structures for treating wastewater. Watercourse - Channel for the passage of water, either continuously or intermittently. SECTION 2. Chapter 114, Article II, Section 131, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended and shall hereafter read as follows: A. General Conditions The following described substances, materials, waters or wastes shall be limited in discharges to the JSA sewer system to concentration or quantities which: will not harm either the sewers, wastewater treatment process or equipment; will maintain and protect water quality in the receiving stream; and will not otherwise endanger lives, limb, public property, or constitute a nuisance. The Executive. Director or his/her designee may set additional limitations or limitations more stringent than those established in the provisions below if in his/her opinion more severe limitations are necessary to meet the above objectives. In forming his/her opinion as to the acceptability of a discharge, the Executive Director or his/her designee shall give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, and other pertinent factors. B. Restricted Discharges Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, motels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. 2. Any wastewater containing toxic pollutants in sufficient quantity, either singly '` or by interaction with other pollutants which: injure or interfere with any 3' wastewater treatment process, constitute a hazard to humans or animals, causes the JSA to violate the terms of its KPDES permit, prevents the use of acceptable sludge disposal methods, or exceed a limitation set forth in a categorical pretreatment standard. 3. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the JSA in compliance with applicable State or Federal regulations. M. 4. Any water or wastes which by interaction with other water or wastes in the public sewer system, release noxious gases, form suspended solids that interfere with the collection system, or create a condition deleterious to structures and treatment processes. 5. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed to the extent required by the JSA's KPDES permit. 6. Wastes or waters classified as a hazardous waste by the Resource Conservation and Recovery Act (RCRA) without a minimum 60 -day prior written notification of such discharge to the Executive Director. Such written notification must include the name of the hazardous waste, the EPA hazardous waste number, type of discharge, volume/mass of discharge and time of occurrence(s). The Executive Director or his/her designee may prohibit or condition the discharge at any time. 7. Wastewater identified as causing, along or in conjunction with other sources, the POTW treatment plant effluent to fail a toxicity test. 8. Any portion of human or animal anatomy. 9. Any wastes containing detergents, surface active agents, or other substances which will cause excessive foaming in the JSA's sewer system. 10. Any water or wastes which have characteristics based on a 24 hour composite sample, grab or a shorter period composite sample, if more representative, that exceed the following normal maximum domestic wastewater parameter concentrations: Parameter Concentration Without Surcharjees Maximum Allowable BOD 300 ppm TSS 350 ppm NH3-N 25 ppm Oil & Grease (total) 100 ppm Any person discharging wastewater exceeding the maximum allowable concentration as noted above, will be subject to a surcharge fee for each pound of loading over and above the set limit. Any other amenable constituents requiring the addition of specific chemicals for proper treatment will also be subject to surcharge as noted on the Discharge Permit. Exceeding the effluent limits specified above shall not be deemed to constitute a violation of a permit condition or this ordinance if the appropriate surcharge fee is paid and the discharge does not cause interference or pass through of the POTW. 11. The following limitations are established for characteristics of any wastewaters to be discharged into the JSA's sewer system. All Significant Industrial Users must comply with these limitations where they are more stringent than applicable State and/or Federal regulations. Parameter Arsenic Cadmium Chloride Chromium, Total Chromium.. Hexavalent Copper Cyanide 9 Maximum Daily Concentration 0.30 ppm 0.08 ppm 10,000 ppm 0.70 ppm 0.39 ppm. 1.30 ppm 1.06 ppm 0.03 pp 0.39 ppm Lead Mercury Nickel pH Selenium Silver Tetrachloroethvlene Zinc 0.23 fpm 0.14 ppm 0.02 ppm 1.90 ppm 6 - 9 units 0.10 ppm 0.80 ppm 0.53 ppm 0.27 ppm 1.70 ppm SECTION 3. Chapter 114, Article II, Section 174, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended and shall hereafter read as follows: Section 114-174. Significant Non -Com 1p iance A user is defined as being in significant noncompliance when it commits one or more of the following conditions: Causes imminent dangerment to human health or the environment or results in the exercise of emergency authority; 7 Fails to r-epeFt n,,,,,.,,mpl;anee ,-.,tel!,. IT NOPT •..IMP.- MW L%I WE.. i ���..•a:e���.�ao��.:.—��z:�..r��:�a�i:i:��a.rc�.ei..iwi..i��w •��aa�.a0��ei��:.aa�Qs.e�� 9. Amy violation or- group of violations, whieh the jSA deteFffiines, will adversely affeet the operation or- implementation of the leeal pr-etfeatm 2. In accordance with 40 CFR 403.8(f)(2)('viii), a Significant Industrial User. (or any Industrial User which violates parag_raphs (C), (D), or (H) of this section) is in significant noncompliance if its violation meets one or more of the following criteria: (A) Chronic violations of wastewater Discharge limits, defined here as those 10 in which sixty-six percent 66%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period exceed (by all magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(1); (B) Technical Review Criteria (TRC) violations, defined here as those in. which thirty-threepercent (33%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period equal. or exceed. the product of the numeric Pretreatment Standard or .Requirement including instantaneous limits, as defined by 40 CFR 403.3(, multiplied b applicable TRC (TRC = 1.4 for BOD, TSS, .fats, oil, and grease and. 1.2 for all other pollutants except pH); C) Anv other violation of a Pretreatment Standard or Requirement as defined by 40 CFR 403.3(1) (daily maximum, lona-term. average, instantaneous limit, or narrative Standard) that the POTW determines has caused, alone or in combination with other Discharges, Interference or Pass Through.including endangering the health of.POTW personnel or the general. public); (D) Any discharge of a pollutant that has caused inumin.ent endangerment to human health welfare or to the environment or has resulted in the POTW's exercise ofits emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge; (E) Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction., or attaining final compliance; (F) Failure to provide, within forty-five (45) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self -Monitoring reports, and reports on compliance with. compliance schedules, (G) Failure to accurately report noncompliance; (H)A y other violation or group of violations, which may include a violation of Best Management Practices, which the POTW determines will adversely affect the operation or implementation of the local Pretreatment pro ._ram. SECTION 4. This ordinance shall be read on two separate days and will be effective upon summary publication pursuar. ATTEST: TAMMARA S. SANDERSON, CITY CLERK Introduced by the Board of Commissioners on December 11, 2012 Adopted by the Board of Commissioners on December 18, 2012 Recorded by Tammara S. Sanderson, City Clerk on December 18, 2012 Published by The Paducah Sun, December 24, 2012 \ord\ 114 -sewers 12-2012 11