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HomeMy WebLinkAbout85-5-2685320 ORDINANCE NO. 85-5-2685 AN ORDINANCE AMENDING SECTIONS 32-6.5, 32-11, 32-14, 32-16, AND 32-17, 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 a new section, 32-6.5, Prohibited Sewer Deposits, is hereby created to read as follows: "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 600C, 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 400C. 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 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 quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. 9. Any concentration of chloride higher than 10,000 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/l lead 1.0 mg/l mercury 4.0 mR/1 nickel 321 0.5 mg/l silver 3.0 mg/l total chromium 2.8 mg/l zinc 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 ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this ordinance. d. Where the City's wastewater treatment system achieves consistent removal of pollutants limited by Federal pretreatment standards, the City may apply to the Approval Authority for modifications of specific limits in the Federal pretreatment standards. "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 the 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 €4ve-hidadved-dellers 0500700 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 a new section to be known as section 32-11, Industrial Discharge Permits, be created to read as follows: "SECTION 32-11. Industrial Discharge Permits. Any person desiring to deposit or discharge, or who is now depositing or discharging any industrial 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 Section of this chapter. 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; 4 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; 322 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 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 of production, 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; The City will evaluate the data furnished by the person and may require additional information. After evaluation and acceptance of the .data furnished, the City may issue an Industrial Discharge Permit subject to terms and conditions provided herein. If the application is rejected, the person will be notified and the reasons for the rejection will be stated." SECTION 3. That a new section to be known as Section 32-14, is hereby created to read as follows: "SECTION 32-14. Power and Authority for Inspection. Authorized personnel of city, state or federal agencies 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 The City shall have the authority -and procedures to halt or prevent any discharge of waters or wastes to the POTW which: (1) reasonably appears to present an imminent danger to the health or welfare of persons; or (2) presents or may present danger to the environment or which threatens to interfere with the operation of the POTW " SECTION 4. That a new section to be known as Section 32-16, Penalty for violation, is hereby created to read as follows: "SECTION 32-16. Penalty for Violations. Any.person violating any provisions of this ordinance will be subject to civil and criminal penalties and fines in accordance with judicial procedures and as set out elsewhere within this ordinance. Any violation may also result in termination of the disposal authorization by the City. The City shall annually publish in a local newspaper of the largest circulation, a list of the users which had significant discharge violations as defined b this ordinance, at least once aurin the 12 y s g previous months. This notification shall summarize any enforcement actions taken against the,user(s) during .the same 12 months. A. 'violation' shall be DuniRbnhlo nor more than Two one thousand dollars ($1,00.0;QQ) er Offen a Class "B" misdemeanor shall be B se, punishable by a fine of not more than two hundred fifty dollars ($250.00) per offense or confinement in fail for not more 323 than ninety days (90) per offense or both;.a Class 'B' misdemeanor for a corporation shall be punishable by a fine of not more than five thousand dollars ($5,000.00) per offense. Each day's violation shall be a separate and distinct offense." SECTION 5. That a new section to be known as Section 32-17, is hereby created to read as follows: "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 state 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. Benetee (Biochemical Oxygen Demand) and shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 200C, 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. Corporation is an artificial person created by law as the representative of those persons, natural or artificial, who contribute to, or become holders of shares in the propertyentrusted to it for a common purpose. 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. Major Industries are those industries having: 1. 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. Has in its waste toxic pollutants as defined pursuant to Section 307 of the Act, or 4. Is 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 by the 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 means 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 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 4 324 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 is any individual, firm, company, association or corporation. pH shall mean 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 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 shall mean 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. 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 is 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 means 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 is 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 shall mean 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 6. This ordinance shall be read on two separate days and will be effective upon publication of title and a certified summary thereof. JOE VITERISI Mayor Introduced by the Board of Commissioners May 14, 1985 Adopted by the Board of Commissioners May 28, 1985 Recorded by Lenita Smith, City Clerk, May 28, 1985 Published by The Paducah Sun June 7, 1985.