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