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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. fXA1 (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). Xff-1 $X10001 1 727 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. fXA1 (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). Xff-1 $X10001 1 727 728 ��►Xi�i���/��/����/��.�/di�i�Xr��/��/45�i/vb�X�]�/�/SbX�X�i�X��f ������/�� 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 .���/I��X�►Xi�f X��vi�di/i�9�/��ilX�i4l�.�i�XX�X/�X����X��X/vbXXX /f /1441iA40-0i 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. �bXXX/��/������/i��/�X�bXX/���/�XX�►X��X11����Xt�X��f ���/XX���/X�i ,t/XVUU� 4� 0AX41AAAUXXtl161ij6XX4X/U/it/X9SOAX/ji00416A169SX/Of/Y-AgS/XAXJOW_ �vb�X��/XX Zx/1����6X��i�/�i��i�l��,t/f��iX�I���XXX���X�S�i/��i�XX/�►�XX�� 01444/70f�X/4)iAXX/j60/PA44046X0-/16if/A/%;W/OX/AOY-/*V0- OXX O)iAXX/]69S116t&tii$YiAl6XO,/16Y/A/XX40/CSX/ i� / ►�X /f��i i/XX�b /f� ski i�L 91OXXAtOlf 3 "•.: ^* . 5 -.J=-_ • •, S.`-'.__�_.._J L` -J_ t J_ , .. - I 11 J.1- 1�.^_ L1lJlikLL__,1:11Lt.-ttl •_ILL :LI .i_ I I LL., - h_I11 x L 1... 730 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 q I 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. 732 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,. 7 733 734 (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. 10 737 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 \dw4\pretreat\ordadd engineering