HomeMy WebLinkAbout87-7-3045134
ORDINANCE N.O. 87-7-3045
\1 AN.ORDINANCE AMENDING SECTIONS 32-6..5, 32-11, 32-12, 32-17,
AND CREATING SECTION. 32-83.1:OF:CHAPTER 32 OF THE CODE OF ORDINANCES OF
THE CITY OF PADUCAH, KENTUCKY
follows:
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 32-6.5 is hereby amended to read as
"SECTION 32-6.5. Prohibited Sewer Deposits.
a. No person or corporation shall contribute or cause to 'be
contributed, directly or indirectly, any pollutant or wastewater which
will interfere with the operation or .performance of the POTW. These
general prohibitions apply to all such persons or corporations
discharging wastewater to a POTW whether or not the person or
corporation is subject to National Categorical Pretreatment Standards
or any other national:, state, or local pretreatment standards or
requirements. A person or corporation may not contribute the following
substances into or through any .portion of the sewer system of the City:
1. Any liquid or vapor having a temperature higher
than 600 Celsius, including, but not limited to,
any wastewater having a temperature which will
inhibit the biological activity in the treatment
plant or would cause the temperature at the
treatment plant influent to exceed 400 Celsius.
2. Any water or waste which may contain more than 50
parts per million, by weight, of fat, oil, or
grease, exclusive of soap.
3. Any flammable or explosive liquid, solid or gas,
including, but not limited to gasoline, benzene,
naptha, and fuel oil.
4. Any garbage that has not been properly shredded.
5. Any ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood,
paunch manure, offal, underground fruit or
vegetables, or other solid or viscous substance
capable of causing obstruction to the flow in
sewers or other interference with the proper
operation of the sewage works.
6. Any waters or wastes having a stabilized pH lower L'
than 6.0 or higher than 9.0, or having any other
corrosive property capable of causing damage or
hazard to structures, equipment, and personnel of
the sewer works._
7._ Any waters.or wastes having a Biochemical Oxygen
Demand in excess of 300 parts per million (mg/1).
8. Any waters or wastes containing more than 350 parts
per million by weight of suspended solids or
containing suspended solids of such character and
135
quantity that unusual attention or expense is
required to handle such materials at the sewage
treatment plant.
9. Any concentration of chloride higher than 109000
parts per million.
10. Any wastes or waters having an objectionable color
which is not removable in the existing sewage
treatment plant process.
11. Any waters or wastes containing a toxic or
poisonous substance or any other materials in
sufficient quantity to injure or interfere with any
sewage treatment process, or constitute a hazard to
humans or animals, or create any hazard in the
receiving.stream at the sewage treatment plant.
12. Any noxious or malodorous gas or substance capable
of creating a public nuisance.
13. Any substance which will cause the POTW to violate
its NPDES and/or state disposal system permit or
the receiving water quality standards.
14. No person or corporation shall discharge wastewater
in excess of:
0.1 mg/l arsenic
0.2 mg/l cadmium
3.5 mg/l copper
1.3 mg/l cyanide
0.7 mg/1 lead
1.0 mg/l mercury
4.0 mg/l.nickei
0.5 mg/1 silver
3.0 mg/1 total chromium
2.8 mg/l zinc
25 mg/l ammonia nitrogen as NH3
b. When the City determines that a person or corporation is
contributing to the POTW, any of.the above enumerated substances in
such amounts as to•interfere with the operation of'the POTW, the City
shall:
(1) Advise the person of the impact of the contribution
of the POTW; and .
(2) Develop effluent limitation(s) for such person or
corporation to correct the interference with the
POTW.
c. Upon the promulgation of the Federal Categorical
Pretreatment Standard for a particular industrial subcategory, the
Federal Standard, if more stringent than limitations imposed under this
i
i
Chapter for sources in that subcategory, shall immediately supersede
the limitations imposed under this Chapter.-
d.
hapter.
d. Where the City's wastewater treatment system achieves
consistent removal of pollutant.s._limi.ted:by'Federal pretreatment
standards, the City may apply to the Approval ..Authority for
modifications of specific li.mits'in the Federal pretreatment standards.
136
"Constant removal" shall mean reduction in the.amount of a pollutant or
alteration of the nature of the pollutant by the wastewater treatment
system to a less .toxic or harmless state -in the effluent which is
achieved by the system in 95 percent of the samples taken when measured
according to the procedures set forth in 40 CFR, Part 403, Section
403.7(c)(2). The City may modify pollutant discharge limits in theme,
Federal pretreatment standards if these requirements are fulfilled and
prior approval from the Approval Authority is obtained.
e. Any person violating any of the provisions of this
section shall be fined not less than two hundred and fifty dollars
($250.00) nor more than one thousand dollars ($1,000.00) for each
offense, and a separate :offense shall,be deemed committed on each day
during or on which a violation occurs or continues."
SECTION 2. That Section 32-11 is.hereby amended to read as
follows:
"SECTION 32-11. Industrial discharge permits.
a. Any person desiring to deposit or discharge, or who is
now depositing or discharging any industrial waste into the sanitary
I�
sewers shall make application for the disposal of industrial waste to 1
the City sewer system if.required by the National Categorical
Pretreatment Standards or.Section of this chapter..
b: c. An application for an Industrial Discharge Permit shall
contain but not be limited to, the following information:
1. Name, address and location (if different from
address);
2. SIC number;
3. Wastewater constituents and characteristics
including but not limited to those mentioned in
Section 32-6 of this chapter as determined by a
reliable analytical laboratory;
4. Time and duration of contribution;
5. Average daily and 30 -minute peak flow rates,
including daily, monthly and seasonal variations if
any;
6. Description of plant processes including all
materials which are or could be discharged;
7. A statement regarding whether or not the
pretreatment standards are being met on a
consistent basis and if not, whether additional 0 &
M and/or additional pretreatment is required to
meet these standards. If additional pretreatment
and/or 0 & M' will be required, the shortest
137
schedule by which such additional pretreatment will
be provided:
a. The schedule shall contain increments of
progress in the form of dates for the
commencement and completion of major events;
b. Not later than 14 days following each date in
the schedule and the final date for
compliance,- a progress report shall be
submitted to the City.
8. Each product produced by type, amount, process and
rate ofproduction, including type and amount of
raw materials used;
9. Number and type of employees;
10. Any other information as may -be deemed by the City
to be necessary to'evaluate the permit application;
11. A written statement reauestina the Citv to allow
the discharge of compatible pollutants in excess of
the limits contained in Sec. 32-6.50. The
statement to include pollutant name and quantity.
C. The City will evaluate the data furnished by the person
and may require additional' information. After evaluation and accept-
ance of the data furnished, the City may .issue an=Industrial Discharge
Permit subject to terms and conditions provided herein. If the appli-
cation is rejected, the person will be notified and the reasons for the
}J rejection will be stated."
follows:
SECTION 3. That Section 32-12 is hereby amended to read as
"SECTION 32-12. Permit Conditions.
Industrial Discharge Permits may contain the following:
1. Limits on the average and maximum wastewater
constituents.and characteristics;
2. Requirements for flow regulation and/or equalization;
3. Requirements for installation and :maintenance of
inspection and sampling facilities;
4. Requirements for monitoring programs which may include
sampling .locations, frequency of .sampling, number,
types, and standards for tests and reporting schedules;
5. Compliance schedules;.
6. Requirements for maintaining and retaining plant records
relating to wastewater discharge as. specified by the
City, and accessible to authorized city, state, and
federal personnel;
7. Requirements for notification of the City on any new
introduction of wastewater constituents or any
substantial change in the volume or character of the
wastewater constituents being introduced into the
wastewater treatment system;
8. Requirements for notification of slug.discharges;
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138
follows:
9. Other conditions as --deemed appropriate by the City to
insure compliance with..this.Chapter.
10. Pay to the.City., a .fee :to reimburse the City its cost of
authorizing and reviewing the permit application.
11. Pay an annual fee to the City to reimburse the City the
cost of annual authority and testing.
12. Allowances for the industry, to discharge compatible
pollutants. ..in excess. of the limits of established in
Section 32-6.5."
SECTION 4. That Section 32-17 is here by amended to read as
"SECTION 32-17. Definitions.
ACT. Federal Water Pollution Control Act (Public Law 92-500)
as amended by the Clean Water Act of 1977 (Public Law
95-217).
Approval Authority.. The. Director in an NPDES state with an
approved st.ate--.pretreatment program and the Administrator of
the EPA in a non-NPDES state or NPDES state without an
approved state pretreatment program. .
B.O..D. (Biochemical Oxygen Demand) shall mean the quantity of
oxygen utilized in the biochemical oxidation of organic
matter, under standard,laboratory -procedure in 5 days at 200
C, expressed in parts per million by weight.
CITY is the City of Paducah.
Color is the 'true color' due to the substances in solution
expressed in wave lengths of light..
Commercial and Industrial Wastes means wastes carried away
from commercial and industrial establishments, as
distinguished from ordinary sewage,- and has particular
reference, without limiting the generality of the foregoing,
to wastes containing chemical or other substances which
present unusual problems and hazards necessitating
.supervision of, special_ treatment before introduction into the
sewers.
Compatible Pollutant. .Those pollutants contained in ordinary
sewage for which the POTW was specifically designed to remove
during the treatment-. process,. Compatible pollutant shall
include and be limited to BOD, suspended solids and ammonia
nitrogen as.NH3.
an artificial person created
of. those persons, .natural or
or..become .holders of shares
for.a.common purpose.
Corporation is
representative
contribute to,
entrusted to.it
by law as the
artificial, who
in the property
Dry Industries are those industries..that discharge wastewater
from sanitary conveniences only.
Interference. The inhibition ,or disruption of the POTW
treatment processes or operations or which contributes to a
violation of any requirement of the City's NPDES Permit. The
term includes prevention of sewage sludge use or -disposal by
the POTW in accordance with 405 of the Act, (33 U.S.C. 1345)
or any criteria, guidelines or regulations developed pursuant
to the Solid Waste Disposal,Act.(SEDA), the Clean Air Act,
the Toxic -Substances Control Act, or more stringent state
criteria (including those contained in any state sludge
management plan prepared pursuant to Title IV of SWDA)
applicable to the method of disposal or use employed by the
POTW.
139
Major Industries are those industries:
1. Having .a flow of 50,000 gallons or more per average
work day, or
2. Contributing more than 5% of the pollutant loading
of the sewage treatment plant, or
3. Having in its waste toxic pollutants as defined
pursuant to Section 307 of the Act, or
4. Having been found by the city, state of federal
agencies to have a significant impact, either
singly or in combination with other contributing
industries, on the wastewater treatment system, the
quality of sludge, the system's effluent quality or
air emissions generated bythe system.
Minor Industries are those industries having a flow of less
than 50,000 gallons per' average. work day and contributing
less than 5% of the pollutant loading of plant that
discharges wastewater other than from sanitary conveniences.
National Categorical Pretreatment Standard or Pretreatment
Standard. 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.
0 and M 'Operation and.Maintenance`..
Ordinary -Sewage or Ordinary Sewage Wastes. Those flowable
wastes which are comparable.: to wastes which ordinarily
originate in residential units and contain only human
excrement and wastes from kitchen, laundry, bathing, and
other household facilities. Such term also includes solid
J food wastes from the preparation,:cooking and disposing of
food, and from the handling, storage and sale of produce, but
only if such .solid wastes .have been ground or: shredded to
such degree that all particles may be carried freely under
the flow conditions normally prevailing in the City sewers,
with no particle greater than one-half inch (2") in any
dimension, and only if such solid food wastes are introduced
into the sewers accompanied by water sufficient to cause the
same to flow freely and without congesting the sewers.
Person. Any individual,. firm, company, association or
corporation.
pH. The logarithm of the reciprocal of the concentration of
hydrogen ions in grams per liter:of solution.. A.stabilized
pH will be considered as a pH which does not change beyond
the specified limits when the waste is.subjected to aeration.
A pH value indicates the degree of acidity of alkalinity.
Premises. This term means and includes all places and
properties where people live;or.congregate, or where flowable
sewage wastes are otherwise generated, which should be
drained away and disposed of in the interests of the public
health, safety and general welfare, and specifically includes
but not by way of limiting the generality of the foregoing,
all homes, apartments, hotels, motels, trailer camps,
establishments for manufacturing, business, commercial, or
industrial purposes, and other structures of any and every
nature whatsoever.
Properly Shredded Garbage. The wastes from the preparation,
cooling, and dispensing of food that have been shredded to
such degree that all particles will be carried freely under
the flow conditions normally prevailing in public sewers,
with no particle greater than one-half inch in any dimension.
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140
Publicly Owned Treatment Works (POTW)._ A treatment works as
defined by Section 212 of the Act (33 U.S.C. 1292) which is
owned in this instance by .the City. This definition includes
any sewers that convey wastewater to the POTW treatment
plant, but does not include pipes, sewers or other
conveyances not connected_to. a facility providing treatment.
For the purposes_ of this; ordinances, "POTW" shall also
include any sewers that convey wastewaters to the POTW from
persons outside the (city) who are, by contract or agreement
with.the (city), users of the (city's) POTW.
Receiving Stream. That body of water, stream or water course
receiving the discharge waters. from the sewage treatment
plant or formed by the waters discharge from the sewage
treatment plant.
Sewers or Sanitary .Sewers. .Those .properties, works and
facilities by and through which the City provides service in
draining and treating flowable.polluted .sewage wastes, and
includes not only such facilities as presently exist but also
all future extensions, additions, enlargements, and
improvements thereof and thereto.
Shall is mandatory: May is permissive. -
SIC. Standard Industrial Code.
Significant Discharge .Violation. A violation which remains
uncorrected 45 days after notification of noncompliance;
which is part of .a pattern of noncompliance over a
twelve-month period; which involves a failure to accurately
report noncompliance; or which resulted in the POTW
exercising its emergency authority.
Suspended Solids. Solids that either .float on the surface
of, or are in -suspension in water, sewage, or other liquids;
and which are removable by laboratory filtering."
SECTION 5. That a new section, 32-83.1, is hereby created
to read as follows:
"SECTION 32-83.1. Excessive Strength Surcharge.
When an industrialuser is -allowed by its industrial
discharge permit to discharge compatible pollutants in excess of the
limits established in Section 32-6.5, the industry shall be assessed a
monthly surcharge in
addition to the standard sewer rates. The
surcharge rate shall
be updated annually and shall
be based on a
12 -month average cost
to treat one pound of compatible pollutant."
SECTION 6-
This ordinance shall be read on
two separate days
and will become -effective
upon publication of title
and a certified
summary thereof.
JOE VITERISI
Mayor
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Introduced by the Board of Commissioners.July 14, 1987
Adopted by the Board of Commissioners July 28, 1987
Recorded by Lenita Smith, City Clerk, July 28, 1987
Published by The Paducah Sun August 3, 1987.