HomeMy WebLinkAbout89-12-4347ORDINANCE NO. 89-12-4347
AN ORDINANCE AMENDING SECTIONS 32-6.5, 32-11, 32-13,
32-14, 32-16, 32-17, 32-83.5 AND CREATING SECTION 32-83.2 OF
CHAPTER 32 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 32-6.5 is hereby amended to
read as follows:
"Sec. 32-6.5. Prohibited sewer deposits.
(3) Any flammable or explosive liquid, solid or gas,
including but not limited to, gasoline, benzene,
(17) Any pollutant, including oxygen demanding
pollutants (BOD, COD, etc.) released in a
discharge at a flow rate and/or pollutant con-
centration which will cause interference with
the POTW or pass through causing violations of
the POTW's KPDES permit.
(18) Any radioactive wastes.
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(19) No person or corporation shall discharge
wastewater in excess of:
O;X 0.320 mg/1 arsenic;
0/X 0.020 mg/l cadmium;
X/ 1.700 mg/l copper;
f" Xt 1.100 mg/1 cyanide;
0/7 0.230 mg/1 lead;
X;O 0.001 mg/l mercury;
A/O 0.050 mg/l nickel;
0;5 0.130 mg/l silver;
�/O 0.340 mg/l total chromium;
X/0 0.200 mg/l zinc;
25 mg /1 ammonia as nitrogen (NH3).
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naptha, A44 fuel oil, and in no case pollutants
with a closed cup flashpoint of less than 140
degrees Fahrenheit (60 degrees centigrade) or
pollutants which cause an exceedance of 100 of
the lower explosive limit (LEL) at any point
within the POTW.
(14)
Any waters or wastes containing acid iron
pickling wastes, or concentrated plating solu-
tions whether neutralized or not.
(15)
Any waters or wastes containing phenols or other
taste or odor producing substances, in such
concentrations exceeding limits which may be
established by the Pretreatment Coordinator as
necessary, after treatment of the composite
sewage, to meet the requirements of the State,
Federal or other agencies of jurisdiction for
such discharge to the receiving of waters.
(16)
Unusual volume of flow or concentrations of
wastes constituting "slugs" as defined herein.
(17) Any pollutant, including oxygen demanding
pollutants (BOD, COD, etc.) released in a
discharge at a flow rate and/or pollutant con-
centration which will cause interference with
the POTW or pass through causing violations of
the POTW's KPDES permit.
(18) Any radioactive wastes.
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(19) No person or corporation shall discharge
wastewater in excess of:
O;X 0.320 mg/1 arsenic;
0/X 0.020 mg/l cadmium;
X/ 1.700 mg/l copper;
f" Xt 1.100 mg/1 cyanide;
0/7 0.230 mg/1 lead;
X;O 0.001 mg/l mercury;
A/O 0.050 mg/l nickel;
0;5 0.130 mg/l silver;
�/O 0.340 mg/l total chromium;
X/0 0.200 mg/l zinc;
25 mg /1 ammonia as nitrogen (NH3).
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SECTION 2. That Section 32-11 is hereby amended to
read as follows:
"Sec. 32-11. Industrial discharge permits. Q
(a) Any person desiring to deposit, or discharge, or
who is now depositing or discharging other
than ordinary sewage or waste into the sanitary sewers, shall
make application for the disposal of industrial waste to the
city sewer system if required by the national categorical
pretreatment standards or any section of this chapter."
SECTION 3.' That Section 32-13 is hereby amended to
read as follows:
"Sec. 32-13. Term of Permit
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The term of the industrial discharge permit shall
commence on the date,of issuance and shall terminate on the
expiration date as indicated on the face of the permit, at
which time a new permit shall be required. The initial expi-
ration date for permits shall be August 15, 1993, and the
subsequent expiration dates shall be August 15 of every
three-year period thereafter. The permit may be revoked at any
time prior to that time if the city determines that the flow
characteristics of the discharge are no longer in compliance
with the regulations of this chapter.
Ayi¢¢/ A holder of an industrial discharge permit shall be
entitled to apply for a subsequent permit, provided that the
holder's present permit has not been revoked and the holder is
otherwise in compliance with the provisions of this ordinance,
and further provided, that the holder shall give notice of its
election to apply for a subsequent permit not more than 180
729
days nor less than 90 days prior to the expiration of the
permit then in effect. If a subsequent permit is approved, the
holder shall pay to the city the fee as outlined in Section
32-83.2(a) before issuance of the subsequent permit."
SECTION 4. That Section 32-14 is hereby amended to
read as follows:
"Sec. 32-14. Power and authority for inspection.
(a)'; Authorized personnel of city, state or federal
agencies or their authorized representatives, bearing proper
credentials and identifications, shall be permitted to enter
upon all properties for the purpose of inspection, observation,
measurement, sampling, and testing, in accordance with the
provisions of this chapter."
SECTION 5. That Section 32-16 is hereby amended to
read as follows:
"Sec. 32-16. Penalty for violations.
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Sec. 32-16.01. Notice of Violations
Whenever the Pretreatment Coordinator finds that any
industrial user has violated or is violating this Ordinance, or
a wastewater permit or order issued hereunder, the Pretreatment
Coordinator or his agent may serve upon said user, written
notice of the violation. Within 10 days from the receipt date
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of this notice, an explanation of the violation and a plan for
the satisfactory correction and prevention thereof, to include
specific required actions, shall be submitted to the coordina-
tor. Submission of this plan in no way relieves the user of
liability for any violations occurring before or after receipt
of the Notice of Violation.
Sec. 32-16.02. Consent Orders
The Pretreatment Coordinator is hereby empowered to
enter into Consent Orders, assurances of voluntary compliance,
or other similar documents establishing an agreement with the
industrial user responsible for the noncompliance. Such orders
will include specific action to be taken by the industrial user
to correct the noncompliance within a time period also speci-
fied by the order.
Sec. 32-16.03. Show Cause Hearing
(a) The Pretreatment Coordinator may order any
industrial user which causes or contributes to violation of
this Ordinance or order or wastewater permit issued hereunder,
to show cause why a proposed enforcement action should not be
taken. Notice shall be served on the user specifying the time
and place for the hearing, the proposed enforcement action and
the reasons for such action, and a request that the user show
cause why this proposed enforcement action should not be taken.
The notice of the hearing shall be served personally or by
registered or certified mail (return receipt requested) at Q
I
least ten (10) days prior to the hearing. Such notice may be
served on any principal executive, general partner or corporate
officer. In the event a duly notified industrial user does not
appear as noticed, immediate enforcement action may be pursued.
(b) At any hearing held pursuant to this Ordinance,
testimony taken must be under oath and either audio recorded or
stenographically. The transcript, so recorded, will be made
731
available to any party of the hearing, and any member of the
public upon payment of the usual charges thereof.
Sec. 32-16.04. Compliance Order
When the Pretreatment Coordinator finds that an
industrial user has violated or continues to violate the
ordinance or a permit or order issued thereunder, he may issue
an order to the industrial user responsible for the discharge
directing that, following a specified time period, sewer
service shall be discontinued unless adequate treatment facil-
ities, devices, or other related appurtenances have been
installed and are properly operated. Orders may also contain
such other requirements as might be reasonably necessary and
appropriate to address the noncompliance, including the in-
stallation of pretreatment technology, additional self- moni-
toring, and management practices.
Sec. 32-16.05. Cease and Desist Orders
When the Pretreatment Coordinator finds than an
industrial user has violated or continues to violate this
Ordinance or those contained in any permit issued hereunder,
the Superintendent may issue an order to cease and desist, all
such violations, and direct those persons in noncompliance to:
(1) Comply forthwith
(2) Comply in accordance with a compliance time
schedule set forth in the order
(3) Take such appropriate remedial or preventive
action as may be needed to properly address a
continuing or threatened violation, including
halting operations and terminating the dis-
charge.
Sec. 32-16.06.
Administrative Penalties
Any user who is found to have violated any provision
of this Ordinance. or the order and permits issued hereunder
shall be fined in an amount not to exceed five thousand dollars
($5,000.00) per violation. Each day on which noncompliance
shall occur or continue shall be deemed a separate and distinct
violation. Such assessments may be added to the user's next
scheduled sewer service charge and the Superintendent shall
have such other collection remedies as he has to collect other
service charges.
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Sec. 32-16.07.
Emergency Suspensions
(a) The Pretreatment Coordinator may suspend the
wastewater treatment service and/or wastewater permit whenever
such suspension is necessary in order to stop an actual or
threatened discharge presenting or causing any of the following
conditions-
(1) An imminent or substantial endangerment to the
health or welfare of persons, or the environ-
ment.
(2) An interference or pass through.
(3) A violation of any condition of the POTW's KPDES
permit.
(b) Any user notified of a suspension of the waste-
water treatment service and/or. the wastewater permit shall
immediatelv stop or eliminate its contribution. A hearing will
be held within 15 days of the notice of suspension to determine
whether the suspension may be lifted of the user's waste
discharge permit terminated. In the event of a failure of the
person to comply voluntarily with the suspension order, the
Pretreatment Coordinator shall take such steps as deemed
necessary, including immediate severance of the sewer con-
nection, to prevent or minimize damage to the POTW system or
endangerment to any individuals. The Pretreatment Coordinator
shall reinstate the wastewater permit and/or the wastewater
treatment service upon proof of the elimination of the
noncomplying discharge.
(c) An industrial user which is responsible, in
whole or in Dart. for imminent endangerment shall submit a
detailed written statement describing the causes of the harmful
contribution and the measures taken to prevent any future
occurrence to the Superintendent prior to the date of the
hearing described in paragraph b above.
Sec. 32-16.08. Termination of Permit
Any user who violates the following conditions of
this Ordinance or a wastewater discharge permit or order, or
any applicable or State and Federal law, is subject to permit
termination:
(1) Failure to accurately report the wastewater
constituents and characteristics of its dis-
charge.
(2) Failure to report significant changes in opera-
tions, or wastewater constituents and charac-
teristics.
(3) Refusal of reasonable access to the user's
premises for the purpose of inspection, moni-
toring, or sampling.
(4) Intentional violation of permit conditions.
SeQ. 32-16.09. Judicial Remedies
\' If any person discharges sewage, industrial wastes,
or other wastes into the wastewater disposal system contrary to
the provision of this Ordinance or any order or permit issued
hereunder, the Pretreatment Coordinator, through the City
Attorney, may commence an action for appropriate legal and/or
equitable relief in the Circuit Court for McCracken County.
Sec. 32-16.10. Injunctive Relief
Whenever an industrial user has violated or continues
to violate tYiie provisions of this Ordinance or an order or
permit issued hereunder, the Pretreatment Coordinator, through
the City Attorney, may petition the Court for the issuance of a
preliminary or permanent injunction, or both (as may be appro-
priate) which restrains or compels the activities on the part
of the industrial user. In the event the Pretreatment Coordi-
nator chooses to correct the violation himself, the cost of
such correction may be added to the next scheduled sewer
service charge payable by the person(s) causing the violation.
The Pretreatment Coordinator shall have such remedies
to collect these fees as it has to collect other sewer service
charges.
Sec. 32-16.11. Civil Penalties
(al) Any industrial user who has violated or con-
tinues to violate this Ordinance or any order or permit issued
hereunder, shall be liable to the City for a civil penalty of
not less than two hundred fifty dollars ($250.00) or more than
five thousand dollars ($5,000.00) plus actual damages incurred
I I
by the POTW per violation per day for as long as the viola-
tion(s)
iola-
tions) continues. In addition to the above described penalty
and damages, the Pretreatment Coordinator may recover rea-
sonable atto'rney's fees, court costs, and other expenses his
rna-/ gFOU iRE)
enforcement activitiesAincluding special sampling and monitor-
ing expenses,.
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(b) The Pretreatment Coordinator shall petition the
Court to impose, assess, and recover such sums. In determining
amount of liability, the Court shall take into account all
relevant circumstances, including, but not .limited to, the
extent of harm caused by the violation, the magnitude and
duration, any economic benefit gained through the industrial
user's violation, corrective actions by the industrial user,
the compliance history of the user, and any other factor as
justice requires.
Sec. 32-16.12.
Criminal Violations
(a) Any industrial user who willfully or negligently
violates any provision of this Ordinance, or any orders, or
permits issued hereunder shall upon conviction, be guilty of a
misdemeanor, punishable by -a fine not to exceed $1,000.00 per
violation, per day, or imprisonment for not more than one year,
or both.
(b) In the event of a second conviction, the user
shall be punishable by a fine not to exceed $3,000.00 per
violation, per day, or imprisonment for not more than 3 years,
or both.
Sec. 32-16.13. Falsifying Information
(a) Any industrial user who knowingly makes any
false statements, representations or certifications in any
application, record, report, plan or other document filed or
required to be maintained pursuant to this Ordinance, or
wastewater permit, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required
under this Ordinance shall, upon conviction, be punished by a
fine of not more than $1,000.00 per violation, per day, or
imprisonment for not more than one year, or both.
(b) In the event of a second conviction, the user
shall be punishable by a fine not to exceed $3,000.00 per
violation, per day, or imprisonment for not more than 3 years,
or both.
Sec. 36-16.14. Additional Enforcement Remedies
(a) The Pretreatment Coordinator shall publish, at
least annually in the largest daily newspaper circulated in the
735
service area, a description of those industrial users which are
found to be in significant violation, as defined by Section
32-17 of this Ordinance, with any provisions of this Ordinance
or any order or permit issued hereunder during the period since
the previous publication.
�. (b) Any industrial user which experiences an upset
i
in operations that places it in a temporary state of noncom-
pliance, which is not the result of operational error, improp-
erly designed treatment facilities inadequate treatment facil-
ities, lack of preventative maintenance, or careless or im-
proper operation, shall inform the Pretreatment Coordinator
thereof immediately upon first awareness of the upset. Where
such information is given orally, a written report thereof
shall be filed by the user within five (5) days. The report
shall contain:
_(1) A description of the upset, its cause(s) and
impact on the discharger's compliance status. -
(2) The duration of noncompliance, including exact
dates and times of noncompliance, and if the
noncompliance is continuing, the time by which
compliance is reasonably expected to be re-
stored.
(3) All steps taken or planned timely complies with
the notification provisions of this Section
shall have an affirmative defense to any en-
forcement action brought by the Pretreatment
Coordinator for any noncompliance with this
Ordinance, or an order or permit issued hereun-
der by the user, which arises out of violations
alleged to have occurred during the period of
the documented and verified upset."
Section 6. That Section 32-17 is hereby amended to
read as follows:
"Sec. 32-17. Definitions
Major industries. Major industrial are those industries:
(1) Having a flow often
thousand (10,000) gallons or more per average
work day;
(2) Contributing more than five (5) per cent of the
pollutant loading of the sewage treatment plant;
(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 or federal
agencies to have a significant impact, either
singly or in combination with other contributing
industries, on the waste water treatment system,
the quality of sludge, the system's effluent
quality or air emissions generated by the
system.
C
736
Pretreatment Coordinator. The city employee appointed by the
City Manager to administer and manage the City of Paducah`s
Pretreatment Program.
Potential to Discharge other than ordinary waste. This shall
mean the possibility that other than ordinary waste could be
discharged, considering the nature.and characteristics of the
intended user and/or the accessibility and ease of discharge
unauthorized users. (eg. open drains accessible to public,
etc.)
Significant 414¢YiAttO violation. A violation which remains
uncorrected forty-five (45) days after notification of non-
compliance, 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."
SECTION 7. That a new section, 32-83.2, is hereby
created to read as follows:
"Sec. 32-83.2. Industrial Discharge Permit Fees
No industrial discharge permit shall be issued unless
the fee as determined herein is fully paid to the city. The
fee to be paid for any permit issued hereunder shall,be deter-
mined as follows:
(a) For a three (3) year term, the fee shall be
Seven Hundred Fifty Dollars ($750.00)..
(b) For a term which is less than three (3) years,
the fee shall be the number of days from the
date of commencement to the date of termination
of the permit, divided by 1095 (approximate days
of three-year term), multiplied by $750.00;
subject, however, to a minimum fee of Two
Hundred Fiftv Dollars ($250.00)."
SECTION 8. That Section 32-83.5 is hereby amended to
read as follows:
"Sec. 32-83.5. Fee; private collectors.
The city mayor shall not issue the permit required by
Section 32-92 of this Code to private septic tank collectors
for disposing of waste into the city sewage treatment facili-
ties until the applicant has obtained an industrial discharge
permit as specified in Sec. 32-11 and has paid a fee therefor
in the amount of six hundred fifty dollars ($650.00) per tank
truck for each year, or fraction thereof, for which the permit
is to be issued. No such fee shall be refundable."
SECTION 9. This ordinance shall be read on two
separate days and will become effective upon publication of
title and a certified summary thereof.
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Mayor
` Introduced by the Board of Commissioners November 30, 1989
Adopted by the Board of Commissioners December 12, 1989
Recorded by Lenita Smith, City Clerk, December 12, 1989
Published by The Paducah Sun La - l 9 - 817
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