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HomeMy WebLinkAbout2290ORDINANCE NO. 02 ! Q, AN ORDINANCE of the City of Port Angeles, Washington, relating to pretreatment of industrial wastewater discharge into the wastewater system of the City of Port Angeles; defining terms; promulgating regulations; allowing for fees; providing for enforcement; requiring records retention; repealing ordinances in conflict; and establishing a new chapter in the Port Angeles Municipal Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: INDUSTRIAL WASTEWATER PRETREATMENT SECTIONS 1. Purpose and Policy 2. Definitions 3. General Discharge Prohibitions 4. Limitations on Wastewater Strength 5. Accidental Discharges 6. Pretreatment Facilities 7. Fees 8. Administration 9. Standards Modification 10. Operating Upsets 11. Confidential Information 12. Enforcement 13. Penalties 14. Records Retention 15. Repealer 16. Severability 17. Effective Date Section 1 Purpose and Policy A. This Ordinance sets forth uniform requirements for Dis- chargers into the POTW (Public Owned Treatment Works) and enables the "City" to protect public health in conformity with all applicable local, state and Federal laws relating thereto. The objectives of this Ordinance are: 1. To prevent the introduction of pollutants into the City wastewater system which will interfere with the normal operation of the system or contaminate the resulting municipal sludge; 2. To prevent the introduction of pollutants into the City wastewater system which do not receive adequate treat- ment in the POTW, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; 3. To improve the opportunity to recycle and reclaim wastewater and sludge from the system. B. This Ordinance provides for the regulation of discharge into the City wastewater system through the enforcement of administrative regulations. This Ordinance does not provide for recovery of operations, maintenance or replacement costs of the POTW or the costs associated with the construction of collection -1- and treatment systems used by Dischargers, in proportion to their use of the POTW, which are the subject of separate enactments. A. Act Section 2 Definitions. The Clean Water Act (33 U.S.C. 1251 et sea}, as amended. B. Applicable Pretreat- ment Standards For any specified pollutant, City prohibitive discharge standard, City's specific limitations on discharge, the State of Washington pretreatment standards or the National Categorical Pretreatment Standards (when effective), whichever standard is most stringent. C. Categorical National Pretreatment Standards specifying Pretreat- quantities or concentrations of pollutants or ment pollutant properties which may be discharged Standards or introduced into a POTW by specific Indus- trial Dischargers. D. Discharger Any non - residential user who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, and all constructed devides and appliances appurtenant thereto. E. Indirect Discharge F. Industrial Waste G. Inter- ference The discharge or the introduction of non - domestic pollutants from a source regulated under Section 307(b) or (c) of the Act, into a POTW. Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources. An inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use of which is a cause of or signifi- cantly contributes to either a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge use or disposal by the POTW in accordance 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, and the Toxic Substances Control Act. A Discharger significantly contributes to such a permit violation or prevention of sludge use or disposal in accordance with the above -cited authorities whenever such Discharger: (1) Discharges a daily pollutant loading in excess of that allowed by contract with the POTW or by Federal, State or Local Law. H. May I. Natural Outlet J. New Source K. NPDES L. 0 and M M. Other Wastes N. POTW (Public Owned Treatment Works) 0. Pollutant P. Pretreat- ment (2) Discharges wastewater which substantially differs in nature or constituents from the Discharger's average discharge; or (3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a POTW permit violation or prevent sewage sludge use or disposal in accordance with the above -cited authorities as they apply to the POTW's selected method of sludge management. Is permissive (see "shall "). Any outlet, including storm sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water. Any building, structure, facility, or installation from which there is or may be a discharge, the construction of which'commenced: (1) After promulgation of Pretreatment Standards under Section 307(c) of the Act which are applicable to such source; or (2) After proposal of Pretreatment Standards in accordance with Section 307(c) of the Act which are applicable to such sources, but only if the standards are projulgated in accordance with Section 307(c) within 120 days of their proposal. National Pollutant Discharge Elimination System Permit program as administered by the USEPA or State. Operation and Maintenance. Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and indus- trial wastes. Any sewage treatment works and the sewers and con- veyance appurtenances discharging thereto, owned and operated by the City. Any substance discharged into a POTW or its col- lection system, including, but not limited to, those listed in Appendices A and B, which are attached hereto and incorporated herein by this reference. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollu- tants into a POTW. Q. Sewage R. Sewer S. Shall Water - carried human wastes or a combination of water - carried wastes from residence, business buildings, institutions and industrial establish- ments, together with such ground, surface, storm or other waters as may be present. Any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source. Is mandatory. T. Significant An industrial user of the City's Wastewater Industrial disposal system who: Discharger (SID) (a) is subject to or potentially subject to national pretreatment standards promulgated under Section 307(b) or (c) of the Clean Water Act (CWA); (b) has in his wastes any priority toxic pollutants listed in Appendix A or other toxic pollutants listed in Section 3 of this Ordinance; (c) Has in his wastes toxic pollutants as defined pursuant to Section 307 of the CWA; (d) Has a discharge flow of 10,000 gallons or more per average work day; (e) has a flow greater than 5% of the flow in the City's wastewater treatment system; or (f) is determined by the City to have a signifi- cant impact or potential for significant impact, either singly or in combination with other contributing industries, on the waste- water treatment system, the quality of sludge, the systems effluent quality, or air emissions generated by the system. U. Slugload Any substance released in a discharge at a rate and /or concentration which causes interference to a POTW. V. Toxic Those substances listed in Appendix A herein, and Pollutants any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307 of the Clean Water Act. W. Upset An exceptional incident in which a Discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in this Ordinance due to factors beyond the reason- able control of the Discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preven- tive maintenance, or careless or improper opera- tion thereof. X. Wastewater Industrial waste, or sewage or any other waste including that which may be combined with any ground water, surface water or storm water, that may be discharged to the POTW. Section 3 General Discharge Prohibitions. No Dis- charger shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater disposal system or otherwise to the facilities of the City: (a) Any liquids, solids, or gases which by reason of their nature or quantity are, or may be sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in another way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five percent (5 %) nor any single reading over ten percent (10 %) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromenes, carbides, hydrides, sulfides and any other substances which the City, the State, or the EPA has notified the user is a fire hazard or a hazard to the system. (b) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg /1 or containing substances which may solidify or become viscous at temperatures between thirty -two degrees Fahrenheit (32 °F) or zero degress Centigrade (0 °C) and one hundred fifty Fahrenheit (150 °F) or sixty -five Centigrade (65 °C). (c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three fourths (3/4) horse power (0.76 hp metric) or greater shall be subject to the review and approval of the Public Works Director. (d) Any soluble waste or wastes having a PH lower than 5.0 or higher than 9.0 or having any other corrosive property which reasonably could be hazardous to structures, equipment, or personnel of the City, such as, but not limited to, battery or plating acids and wastes, copper sulfate, chromium salts and compounds, or salt brine. (e Any wastewater containing toxic pollutants in suffi- cient quantity, either singly or by interaction to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to exceed the limitation set forth in National Categorical Pretreatment Standards, Appendix B hereto. A toxic pollutant shall include, but not be limited to, any pollutant identified in the Toxic Pollutant List set forth in the Federal Priority Pollutant List, Appendix A. (f) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair. (g) Any substance which may cause the POTW's effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. (In no case, shall such a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State standards applicable to the sludge management method being used.) (h) Any substance which will cause the POTW to violate its NPDES and /or other Disposal System Permits. (i) Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. (j) Any liquid or vapor having a temperature higher than 150 °F (65 °C) or having temperatures sufficient to cause the in- fluent to the treatment plant to exceed 104 °F (40 °C). If, in the opinion of the Public Works Director, lower temperatures of such wastes could harm either the sewers, sewage treatment process, or equip- ment; have an adverse effect on the receiving streams or otherwise endanger life, health, or property; or constitute a nuisance, the Public Works Director may prohibit such discharges. (k) Any slugload, which shall mean any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a single extraordinary discharge episode of such volume o strength as to cause interference to the POTW. (1) Any unpolluted water including, but not limited to, non - contact cooling water, unless otherwise approved. (m) Any wastewater containing any radioactive wastes or isotopes of such halflife or concentration as exceed limits established by the City in compliance with applicable State or Federal Regulations. (n) Any wastewater which causes a hazard to human life or creates a public nuisance. (o) Any of the following discharges unless approved other- wise in writing by the Public Works Director: (1) A standard five (5) day biochemical oxygen demand greater than four hundred (400) milligrams per liter or fifty (50) pounds in any one day. (2) Wastes containing more than four hundred (400) milligrams per liter of suspended solids or fifty (50) pounds in any one day. (3) A flow of fifty thousand (50,000 gaollons or more per average work day or a flow greater than five percent (5 %) of the flow carried by the treatment facility receiving the waste. (4) Chlorine demand of more than twenty (20) mg /1. (5) Wastewater at a flow rate and /or pollutant dis- charge rate which is excessive over a relatively short time period so that there is a treatment process upset and subsequent loss of treatment efficiency. Section 4 Limitations on Wastewater Strength. A. National Categorical Pretreatment Standards: National categorical pretreatment standards as promulgated by the U. S. Environmental Protection Agency pursuant to the Act will become a part of this Ordinance and shall be met by all Dischargers of the regulated industrial categories. An application for modification of the national categorical pretreatment standards may be con- sidered for submittal to the Regional Administrator by the City, when the City's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR Section 403.7. S. State Requirements: State requirements and limitations on discharges to the POTW shall be met by all Dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this or any other applicable ordinance. C. Right of Revision: The City reserves the right to amend this Ordinance to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in Section 1 of this Ordinance. D. Dilution: No Discharger shall, without written approva of the Director of Public Works, increase the use of potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this Ordinance. E. Supplementary Limitations: No Discharger shall dis- charge wastewater containing concentrations of substances exceed- ing the following values: Any waters or wastes containing heavy metals and similar objectionable or toxic substances to such a degree that any such material received in the composite sewage at the point of discharge exceeds the limits as follows: Arsenic 0.5 mg /1 Cadmium 0.5 mg /1 Total Chromium 2.0 mg /1 Copper 2.0 mg /1 Cyanide 1.0 mg /1 Lead 1.5 mg /1 Mercury 0.05 mg /1 Nickel 1.5 mg /1 Silver 0.5 mg /1 Zinc 1.5 mg /1 -7- The City may impose mass limitations on Dischargers which are using dilution to meet the Pretreatment Standards or Requirements of this Ordinance, or in other cases where the imposition of mass limitations is deemed appropriate by the City. Section 5 Accidental Discharges. Each Discharger shal provide protection from accidental discharge of prohibited or regulated materials or substances established by this Ordinance. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the Discharger's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review within 180 days after notifica- tion, and shall be approved by the City before construction of the facility. Each existing Discharger where required by the Director of Public Works shall complete its plan and submit same to the City. No Discharger who discharges to the POTW shall be permitted to introduce pollutants into the system until Acci- dental Discharge Protection Procedures have been approved by the City. Review and approval of such plans and operating procedures by the City shall not relieve the Discharger from the responsi- bility to modify its facility as necessary to meet the require- ments of this Ordinance. Dischargers shall notify the City immediately upon the occurrence of a "slugload ", or accidental discharge of substances prohibited by this Ordinance. The notification shall include location discharge, date and time thereof, type of waste, concen- tration and volume, and corrective actions. Any Discharger who discharges a slugload of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the City on account thereof under State or Federal law. Signs shall be permanently posted in conspicuous places on Significant Industrial Discharger's premises, advising em- ployees whom to call in the event of a slug or accidental dis- charge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedure. Section 6 Pretreatment Facilities. Dischargers shall provide necessary wastewater pretreatment as required to comply with this ordinance and shall achieve compliance with all applic- able pretreatment standards within the time limitations as specified by appropriate Statutes, regulations, and ordinances. National Categorical Pretreatment Standards shall be added to this Ordinance as amendments. Any facilities required to pre- treat wastewater to a level acceptable to the City shall be provided, properly operated and maintained at the Discharger's expense. Detailed plans showing the pretreatment facilities shall be submitted to the City for review and must be acceptable to the City before construction of the facilities. The Dis- charger shall obtain all necessary construction - operating permits from the City. Such pretreatment facilities shall be under the control and direction of a State certified Wastewater Treatment Operator. The review of such plans shall in no way relieve the Discharger from the responsibility of modifying its facility as necessary to produce an effluent acceptable to the City under the provisions of this Ordinance. Within a reasonable time after the completion of the wastewater treatment facility, the Discharger shall furnish its operations and maintenance procedures for the City to review. Any subsequent significant changes in the pre- treatment facilities or method of operation shall be reported to and be accepted by the City prior to the User's initiation of the changes. Section 7 Fees. A. Purpose. The purpose of this Section is to provide for the payment of fees from Dischargers to the City's wastewater disposal system, in order to compensate the City for the cost of administration of the pretreatment program established herein. B. Charges and Fees. The following fees shall be estab- lished to take effect 180 days after the adoption of this Ordinance: (1) Fees for monitoring, inspections and surveillance procedures: $ at cost (2) Fees for filing appeals: $25.00 (3) Fees for reviewing accidental discharge procedures and construction: $ at cost (4) Fees for review of drawings, specifications and compliance schedules for pretreatment facilities: $ at cost (5) Fees for issuance of industrial wastewater accep- tance forms: $75.00 (6) Other charges as the City may deem necessary to carry out the requirements of this Ordinance: $ at cost Section 8 Administration. A. Wastewater Discharge and Connection. It shall be unlaw- ful to discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the City, and /or to the POTW without having first complied with the terms of this Ordinance. A Significant Industrial Discharger shall not be allowed to connect to the wastewater system without written approval from the Director of Public Works. B. Wastewater Discharge Data Disclosure. Significant Industrial Dischargers (SIDs) shall complete and file with the City a disclosure declaration in the form prescribed by the City. Existing SIDs shall file disclosure forms within thirty (30) days after the effective date of this Ordinance, and proposed new SIDs shall file disclosure forms at least sixty (60) days prior to connecting to the POTW. The disclosure to be made by the SID on the written form provided by the City shall include: (1) Disclosure of name, address, and location of the SID; (2) Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classifica- tion Manual, Bureau of the Budget, 1972, as amended; (3) Disclosure of wastewater constituents and characteris- tics including, but not limited to, those mentioned in this Ordinance, including Appendices A and B, as appropriate, as determined by bona fide chemical and biological analyses. Sampling and analysis shall be -9- performed in accordance with procedures established by the U. S. EPA and contained in 40 CFR, Part 136, as amended; (4) Disclosure of time and duration of discharges; (5) Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the City due to cost or non - feasibility. (6) Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation; (7) Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works of the City; (8) Disclosure of the nature and concentration of any pol- lutants or materials prohibited by this Ordinance in the discharge, together with a statement regarding whether or not compliance is being achieved with this Ordinance on a consistent basis and if not, whether additional pretreatment is required, for the SID to comply with this Ordinance. (9) Where additional pretreatment and /or operation and maintenance activities will be required to comply with this Ordinance, the SID shall provide a declaration of the shortest schedule by which the SID will provide such additional pretreatment and /or implementation of additional operational and maintenance activities. (a) The schedule shall contain milestone dates for the commencement and completion of major events lead- ing to the construction and operation of additiona pretreatment required for the SID to comply with the requirements of this Ordinance including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, com- pleting preliminary plans, completing final plans, executing contract for major components, commenc- ing construction, completing construction, and all other acts necessary to achieve compliance with this Ordinance. (b) Only upon recommendation of the Director of Public Works and approval of the City Council shall the City permit a time increment for a single step directed toward compliance to exceed nine (9) months. (c) Not later than fourteen (14) days following each milestone date in the schedule and the final date for compliance, the SID shall submit a progress report to the City, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, -10- the reason for delay, and the steps being taken by the SID to return the construction to the approved schedule. In no event shall more than nine (9) months elapse between such progress reports to the City. (10) Disclosure of each product produced by type, amount, process or processes and rate of production; (11) Disclosure of the type and amount of raw materials (chemicals) utilized (average and maximum per day); (12) All disclosure forms shall be signed by a principal executive officer of the SID, and a qualified engineer when so required by the Director of Public Works. (13) The City may require inspection and sampling manholes and /or flow measuring recording in sampling equipment if deemed necessary by the Director of Public Works to assure compliance with this Ordinance. C. Industrial Wastewater Acceptance. The City will evalu- ate the complete disclosure form and data furnished by the SID and may require additional information. Within 30 days after full evaluation and acceptance of the data furnished, the City shall notify the SID of the City's acceptance thereof by issuance of an Industrial Wastewater Acceptance form (IWA). The following standard conditions apply to each IWA issued by the City: (1) Any fees and charges to be paid upon initial issuance; (2) Limits on the average and maximum wastewater constituents and characteristics; (3) Limits on average and maximum rate and time of dis- charge or requirements for flow regulations and equalization; (4) Requirements for installation and maintenance of inspection and sampling facilities; (5) Special conditions as the City may reasonably require in particular circumstances of a given discharge, including sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedule; (6) Compliance schedules; (7) Requirements for submission of special technical reports or discharge reports where same differs from those prescribed by this Ordinance; (8) Any special agreements the City chooses to continue or develop between the City and the SID. All IWAs shall be issued for perpetual duration, sub- ject to amendment or revocation as provided in this Ordinance. Under extraordinary circumstances, it may be issued for a stated period or may be stated to expire on a specific date. • • IWAs are issued to a specific SID for a specific opera- tion and are not assignable to another SID without the prior written approval of the City, or transferable to any other location. D. Monitoring. (1) Where required, the SID shall provide monitoring facilities, installed and maintained at all times at the SID's expense, to allow inspection, sampling, and flow measurement at locations specified in the IWA. There shall be ample room in and near such monitoring facilities to allow accurate sampling and monitoring equipment to be installed and to prepare samples for analysis. Such facilities shall be accessible to authorized representatives of the City at all times upon presentation of suitable identification from 8:00 A.M. to 5:00 P.M. five days per week, provided that authorized representatives of the City personnel shall, under exceptional circumstances, have access upon presentation of suitable identification from 8 :00 A.M. to 5:00 P.M. seven days per week. Where required by Federal or State Regulations, such monitoring facilities shall be provided at the end of a process or unit production from which regulated toxic pollutants are discharged. (2) The SID shall retain wastewater monitoring records for a period of three (3) years. During this period said records shall be available for inspection and duplica- tion by authorized representatives of the City. (3) The SID shall notify the City prior to the introduction of new wastewater or pollutants or any substantial change in the volume or characteristics of the waste- water being introduced into the POTW from the User's processes. Formal written notification shall follow within 30 days of such introduction. The SID shall notify the City immediately upon any accidental or slug discharge to the sanitary sewer as outlined in the industrial spill reporting requirements of the City. (4) No IWA shall be issued to any SID whose discharge of pollutants to the sanitary sewer, whether shown upon the application or determined after inspection, monitoring or analysis by the City, is not in conform- ance with Federal, State or City laws, ordinances or regulations. The City may grant variances of City standards and requirements in accordance with this Ordinance. E. Compliance. (1) The terms and conditions of the IWA are subject to modification by the City during the term of the IWA as limitations or requirements are modified or for other just cause. The user shall be informed of any proposed changes in this IWA at least thirty (30) days prior to the effective date of change. Changes or additions to the IWA shall include a time schedule for compliance. -12- (2) Not later than fourteen (14) days following each date in the compliance schedule and the final date for compliance given by the SID in the Data Disclosure Form and included as part of the IWA, the SID shall submit a progress report to the City. This report must indicate whether or not the increment of progress was met on the date on which the SID expects to comply with the incre- ment of progress, the reason for delay, and what steps are being taken by the SID to return to the schedule established. In no event shall more than six (6) months elapse between such progress reports to the City. The compliance dates for the increments of progress given the compliance schedule will be revised only at the discretion of the City. Failure to meet the com- pliance dates without just reason for delay is a vio- lation of the conditions of the IWA. (3) Compliance Date Report: Within ninety (90) days fol- lowing the date for final compliance by the SID with applicable Pretreatment Standards set forth in this Ordinance or following commencement of the introduction of wastewater into the POTW by a New Discharger, any Discharger subject to this ordinance shall submit to the City a report indicating the nature and concentra- tion of all prohibited or regulated substances con- tained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional 0 & M and /or pretreatment is necessary to bring the Discharger into compliance with applicable Pretreatment Standards or Requirements. This Statement shall be signed by an authorized representative of the Discharger, and certified to by a qualified engineer, where applicable, licensed to practice in the State of Washington. (4) Periodic Compliance Reports: (a) Any Discharger subject to a Pretreatment Standard set forth in this Ordinance, after the compliance date of such Pretreatment Standard, or, in the case of a New Discharger, after commencement of the discharge to the City, shall submit to the City during the months of June and December, unless required more frequently by the City, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the Pretreatment Standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows shall be reported on the basis of actual measurement; provided, however, where cost or feasibility considerations justify, the City may accept reports of average and maximum flows estimated by verifiable techniques. The City, for good cause shown, considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors, may authorize the submission of said reports in months other than those specified above. -13-- (b) Reports of Dischargers shall contain all results of sampling and analysis of the discharge, includ- ing the flow and the nature and concentration, or production and mass where required by the City. The frequency of monitoring by the Discharger shall be prescribed in an IWA. All analyses shall be performed in accordance with procedures established by the Director of Public Works pur- suant to Section 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Direc- tor. Sampling shall be performed in accordance with the techniques approved by the Director. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in ques- tion, or where the Director determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the City or other parties, approved by the Director. F. Revocation and Expiration. (1) The IWA issued to the SID by the City may be revoked when, after inspection, monitoring or analysis, it is determined that the discharge of wastewater to the sanitary sewer is in violation of Federal, State, or City laws, ordinances, or regulations. The IWA shall be revoked due to falsification or intentional misrepresentation of data or statements pertaining to the Data Disclosure Form or any other required reporting form. (2) The City shall notify the SID one hundred and eighty (180) days prior to the expiration of the IWA. Within ninety (90) days of the notification, the SID shall apply for reissuance of the IWA on a form provided by the City. Section 9 Standards Modification. The City reserves the right to amend this Ordinance and the terms and conditions hereof in order to assure compliance by the City with applicable laws and regulations. Within nine (9) months of the promulgation of a National Categorical Pretreatment Standard, this Ordinance shall be amended to require compliance by Dischargers with such standards within the time frame prescribed by such standards. All National Categorical Pretreatment Standards adopted after the promulgation of this Ordinance shall be adopted by the City as part of this Ordinance. Where an SID, subject to a National • Categorical Pretreatment Standard, has not previously submitted a disclosure form as required by Section 8B(2), the SID shall file a disclosure form with the City within 180 days after the promulgation of the Applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, any SID operating on the basis of a previous filing of a disclosure statement, shall submit to the City within 180 days after the promulgation of any applicable National Categorical Pretreatment Standard, the additional information required by paragraphs (8) and (9) of Section 8B(2). If deemed necessary by the City, where National Categorical Pretreatment Standards are more stringent, the IWA will be modified. The SID shall be informed of any proposed -14- changes in the Ordinance at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the Ordinance include a reasonable time schedule for compliance. Section 10 Operating Upsets. A. Any Discharger which experiences an upset in operations which places the Discharger in a temporary state of noncompliance with this Ordinance shall inform the City thereof within twenty - four (24) hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow - up report thereof shall be filed by the Discharger with the City within five (5) days. The report shall specify: 1. Description of the upset, the cause thereof, and the upset's impact on the Discharger's compliance status. 2. Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably to occur. 3. All steps taken or to be taken to reduce, eliminate, and prevent recurrence of such an upset or other conditions of noncompliance. B. A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the City against the Discharger for any noncompliance with the Ordinance which arises out of violations alleged to have occurred during the period of the upset. Section 11 Confidential Information. Information and data furnished to the City with respect to the nature and fre- quency of discharge shall be available to the public or other governmental agency without restriction unless the Discharger specifically requests and is able to demonstrate to the satisfac- tion of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the Discharger. When requested by a Discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Ordinance, the National Pollutant Discharge Elimination System (NPDES) permit, State Disposal System permit and /or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the Discharger furnishing the Report. Wastewater constituents and characteris- tics will not be recognized as confidential information. Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten (10) day notification is given to the Discharger. Section 12 Enforcement. A. Emergency Suspension of Services and Industrial Waste- water Acceptance Form. The City may, without advance notice, order the suspension of the wastewater treatment service to a -15- Discharger when it appears to the City that an actual or threat- ened discharge (a) presents or threatens an imminent or substan- tial danger to the health or welfare of persons or substantial danger to the environment, or (b) threatens to interfere with the operation of the POTW, or to violate any pretreatment limits imposed by the Ordinance. Any Discharger notified of the City's suspension order shall immediately cease all discharges. In the event of failure of the Discharger to comply with the suspension order, the City may commence judicial proceedings immediately thereafter to compel the Discharger's specific compliance with such order and /or to recover civil penalties. The City shall reinstate the wastewater treatment service upon proof by the Discharger of the elimination of the noncomplying discharge or conditions creating the threat as set forth above. B. Termination of Treatment Services. Following the pro- cedure set forth below, the City may terminate wastewater treat- ment services to any Discharger who: (1) fails to factually re- port accurately the wastewater constituents and characteristics of its discharge; (2) fails to report significant changes in wastewater constituents or characteristics; (3) refuses reason- able access to the Discharger's premises by representatives of the City for the purpose of inspection or monitoring; or (4) violates the provisions of this Ordinance, or any order of the City with respect thereto. C. Notification of Violation: Administration Adjustment. Whenever the City finds that any Discharger has violated Sub- section 12(B) hereof, the City shall cause to be served upon such Discharger a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within thirty (30) days of the date of receipt of the notice, the Discharger shall respond personally or in writing or by certified or registered mail, return receipt requested, to the City, advising of its position with respect to the allegations. Thereafter, the Discharger shall be given the opportunity to meet to ascertain the veracity of the allegations and establish a plan for the satisfactory correction of the violations and preclusion of a recurrence thereof. D. Show Cause Hearing. Where the violation of Subsection 12(B) hereof is not corrected by timely compliance by means of Administration Adjustment, the City may order any Discharger which suffers or permits a violation of Subsection 12(B) hereof to show cause before the City or its duly authorized representa- tive why the proposed service termination action should not be taken. A written notice shall be served on the Discharger by personal service, certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the City or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforce- ment action, and directing the Discharger to show cause before the City or its designee why the enforcement action should not be taken. The notice of the hearing shall be served no less than ten (10) days before the hearing. Service may be made on any agent, officer, or authorized representative of a Discharger. The proceedings at the hearing shall be considered by the City, which shall then enter appropriate orders with respect to the alleged violations of the Discharger. Appeal of such orders may be taken by the Discharger in accordance with applicable local or state law. E. Judicial Proceedings. Following the entry of any order by the City with respect to the violation by a Discharger of Subsection 12(B) hereof, the City may commence an action for appropriate legal and /or equitable relief in the appropriate court. F. Enforcement Actions: Annual Publication. A list of all Dischargers which were the subject of enforcement proceedings pursuant to Chapter VI of this Ordinance during the twelve (12) previous months shall be annually published by the City in the official City newspaper, summarizing the enforcement actions taken against the Dischargers during the same twelve (12) months whose violations remained uncorrected forty -five (45) or more days after notification of noncompliance; or which have a pattern of noncompliance over that twelve (12) month period, or which involve failure to accurately report noncompliance. G. Right of Appeal. Any Discharger or any interested party shall have the right to request in writing an interpretation or ruling by the City on any matter covered by this Ordinance and shall be entitled to a prompt written reply. In the event that such inquiry is by a Discharger and deals with matters of perfor- mance or compliance with this Ordinance for which enforcement activity relating to an alleged violation is the subject, receipt of a Discharger's request shall not stay enforcement proceedings pending. Appeal of any final judicial order entered pursuant to this Ordinance may be taken in accordance with state law. Section 13 Penalties. A. Civil Penalties. Any Discharger who violates an order of the City, or who fails to comply with (a) any provision of this Ordinance, or (b) any regulations, rule, or permit of the City, issued pursuant to this Ordinance, shall be liable to the City for a civil penalty. The amount of such civil penalty shall be not less than $250 per violation nor more than $1,000 per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. Such penalties may be recovered by judicial actions and /or, to the extent permissible by state law, by administrative procedures. B. Recovery of Costs Incurred by the City. Any Discharger violating any of the provisions of this Ordinance who discharges or causes a discharge producing a deposit or obstruction or causes damages to or impairs the City's wastewater disposal system shall be liable to the City of any expense, loss, or damage caused by such violation of discharge. The City shall by order bill the Discharger for the cost incurred by the City for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this Ordinance, enforceable under the provisions of Section 12 of this Ordinance. C. Falsifying Information. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, and plan or other document filed or required to be maintained pursuant to this Ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall (in addition to civil and /or criminal penalties provided by state law) be guilty of a misdemeanor and shall be prosecuted and punished accordingly. D. General Criminal Penalties. Any Discharger who know- ingly violates any provision of this Ordinance shall be guilty of a misdemeanor and shall be punished accordingly. Section 14 Records Retention. All Dischargers subject to this Ordinance shall retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of a Discharger in connection with its discharge. All records which pertain to matters which are the subject of Administrative Adjustment or any other enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the Discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Section 15 Repealer. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. Section 16 Severability. If any provision, paragraph, word, section or chapter of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, works, sections, and chapters shall not be affected and shall continue in full force and effect. Section 17 Effective Date. This Ordinance shall take effect upon approval by the Environmental Protection Agency. PASSED by the City Council of the City of Port Angeles at a re ular meeting of said Council held on the gz/ day of ,�jut_, 1984. ATTEST: 7�+�WA. Q Otw no Merri annoye, Cit6 Clerk APPROXED AS TO FORM: Craig D. nutson, City Attorney PUBLISHED: MA OR • APPENDIX "A" 129 PRIORITY POLLUTANTS • • Compound Name 1. *acenaphthene 2. *acrolein 3. *acrylonitrile 4. *benzene 5. *benzidine 6 *carbon tetrachloride (tetrachloromethane) *Chlorinated benzenes (other than dichlorbenzenes) 7. Chlorobenzene 8. 1,2 ,4- ichlorobenzene 9. hexachlorobenzene *Chlorinated ethanes (including 1,2- dichloroethane, 1,1,1 - trichloroethane and hexachloroethane) 10. 1,2- dichloroethane 11. 1,1,1- trichloroethane 12. hexachloroethena 13. 1,1- dichloroethane • 14. 1,1,2 - trichloroethane 15. 1,1,2,2 - tetrachloroethane 16. chloroethane *Chloroalkyl ethers (chloromethyl, chlorethyl and mixed ethers) i4. bis4ehleremethy1} -ether formally deleted - see following directive 18. bis(2- chloroethyl) ether 19. 2- chloroethyl vinyl ether (mixed) *Chlorinated naphthalene 20. 2- chloronaphthalene *Chlorinated phenols (other than those listed elsewhere; includes trichlorophenols and chlorinated cresols) 21. 2,4,6 - trichlorophenol 22. parachlorometa cresol *Specific compounds and chemical classes as listed in the consent decree. F -23 a -ii 23. *chloroform (trichloromethane) 24. *2- chlorophenol *Dichlorobenzenes 25. 1,2-dichlorobenzene 26. 1,3- dichlorobenzene 27. 1,4- dichlorobenzene *Dichlorobenzidine 28. 3,3'- dichlorobenziding *Dichloroethylenes (1,1- dichloroethylene and 1,2- dichloroethylene) 29. 1,1- dichloroethylene 30. 1,2- trans - dichloroethylene 31. *2,4- dichlorophenol *Dichloropropane and dichloropropene 32. 1,2- dichloropropane 33. 1,3- dichloropropylene (1,3- dichloropropene) 34. *2,4- dimethylphenol S* Dinitrotoluene 35. 1,4- dinitrotoluene 36. 2,6- dinitrotoluene 37. *1,2- diphenylhydrazine 38. *ethylbenzene 39. *fluoranthene *Haloethers (other than those listed elsewhere) 40. 4- chlorophenyl phenyl ether 41. 4- bromopheny phenyl ether 42. bis(2- chloroisopropyl) ether 43. bis(2- chloroethoxy) methane *Halomethanes (other than those listed elsewhere 44. methylene chloride (dichloromethane) 45. methyl chloride (chloromethane) 46. methyl bromide (bromomethane) 47. bromoform (tribromomethane) 48. dichlorobromomethane 49. tl4ehlere €lueremethame formally deleted - see following directive 59. a ehlered4flueremethafe formally deleted - see following directive 51. chlorodibromomethane 52. *hexachlorobutadiene 53. *hexachlorocyclopentadiene 54. *isophorone 55. *naphthalene 56. *nitrobenzene *Nitrophenols (including 2,4- dinitrophenol and dinitrocresol) 57. 2- nitrophenol 58. 4- nitrophenol 59. *2,4- dinitrophenol 60. 4,6- dinitro -o- cresol *Nitrosamines . 61. N-nitrosodimethylamine 62. N- nitrosodiphenylamine 63. N- nitrosodi -n- propylamine 64. *pentachlorophenol 65. *phenol *Phthalate esters 66. bis(2- ethylhexyl) phthalate 67. butyl benzyl phthalate 68. di -n -butyl phthalate 69. di -n -octyl phthalate 70. diethyl phthalate 72. dimethyl phthalate *Polynuclear aromatic hydracarbons 72. benzo(a)anthracene (1,2- benzanthracene) • 73. benzo (a) pyrene (3,4- benzopyrene) 74. 3,4- benzofluoranthene 75. benzo(k)fluoranthane (11,12- benzofluoranthene) 76. chrysene F -25 a -iv 77. acenaphthylene 78. anthracene 79. benzo(ghi)perylene (1,12 - benzoperylene) . 80. fluorene 81. phanathrene 82. dibenzo (a,h)anthracene (1,2,5,6 - dibenzanthracene) 83. indeno (1,2,3 - cd)pyrene (2,3- o- phenylenepyrene) 84. pyrene 85. *tetrachlorethylene 86. *toluene 87. *trichlaroethylene 88. *vinyl chloride (chloroethylene) Pesticides and Metabolites 89. *aldrin 90. *dieldrin 91. *chlordane (technical mixture & metabolites) *DDT and metabolites • 92. 4,4' -DDT 93. 4,4' -DDE (p,p' -DDX) 94. 4,4' -DDD (p,p' -TDE) *endosulfan and metabolites 95. a- endosulfan -Alpha 96. b- endosulfan -Beta 97. endosulfan sulfate *endrin and metabolites 98. endrin 99. endrin aldehyde *heptachlor and metabolites 100. heptachlor 101. heptachlor epoxide *hexachlorocyclohexane (all isomers) • 102. a -BHC -Alpha 103. b- BHC -Beta 104. r -BHC (lindane) -Lama 105. g- BHC -Delta F -26 a -v *polychlorinated biphenyls (PCB's) 106. PCB -1242 (Arochlor 1242) 107. PCB -1254 (Arochlor 1254) 108. PCB -1221 (Arochlor 1221) 109. PBC -1232 (Arochlor 1232) 110. PCB -1248 (Arochlor 1248) 111. PCB -1260 (Arochlor 1260) 112. PCB -1016 (Arochlor 1016) 113. *Toxaphene 114. *Antimony (Total) 115. *Arsenic (Total) 116. *Asbestos (Fibrous) 117. *Beryllium (Total) 118. *Cadmium (Total) 119. *Chromium (Total) 120. *Copper (Total) 121. *Cyanide (Total) 122. *Lead (Total) 123. *Mercury (Total) 124. *Nickel (Total) 125. *Selenium (Total) 126. *Silver (Total) 127. *Thallium (Total) 128. *Zinc (Total) 129. * *2,3,7,8 - tetrachlorodibenzo -p- dioxin (TCDD) * Specific compounds and chemical classes as listed in the consent decree. ** This compound was specifically listed in the consent • decree. Because of the extreme toxicity (TCDD). APPENDIX "B" NATIONAL CATEGORICAL PRETREATMENT STANDARDS The following national categorical pretreatment standards have been issued by the Environmental Protection Agency. Additions to the appendix will be made from time to time as further categorical pretreatment standards are finalized. 1. ELECTROPLATING PRETREATMENT STANDARDS The categorical pretreatment standards for seven subcategor- ies of the electroplating industry have been promulgated. These standards are listed in 40 CFR Part 413 published in the Federal Register on January 28, 1981. 2. TIMBER PRODUCTS PROCESSING (WOOD PRESERVING PLANT) PRETREATMENT STANDARDS The categorical pretreatment standards for three subcategor- ies of the timber products processing industry (wood pre- serving plants) have been promulgated. These standards are listed in 40 CFR Part 429 published in the Federal Register on January 26, 1981. 3. IRON AND STEEL MANUFACTURING PRETREATMENT STANDARDS The categorical pretreatment standards for twelve subcategor- ies of the Ion and Steel Manufacturing Industry have been promulgated. These standards are listed in 40 CFR Part 420 published in the Federal Register on May 27, 1982. 4. INORGANIC CHEMICAL MANUFACTURING PRETREATMENT STANDARDS The categorical pretreatment standards for twenty -four (24) subcategories of the Inorganic Chemicals Manufacturing Industry have been promulgated. These standards are listed in 40 CFR Part 415 published in the Federal Register on June 29, 1982. 5. TEXTILE MILL PRETREATMENT STANDARDS The categorical pretreatment standards for nine (9) subcate- gories of the Textile Mill Industry have been promulgated. These standards are listed in 40 CFR Part 410 published in the Federal Register on September 2, 1982. 6. PETROLEUM REFINING PRETREATMENT STANDARDS The categorical pretreatment standards for five (5) subcate- gories of the Petroleum Refuning Industry have been promul- gated. These standards are listed in 40 CFR 419 published in the Federal Register on October 18, 1982. 7. PULP, PAPER, AND PAPERBOARD AND THE BUILDERS' PAPER AND BOARD MILLS PRETREATMENT STANDARDS The categorical pretreatment standards for twenty -five (25) subcategories of the Pulp, Paper, and Paperboard and the Builders' Paper and Board Mills Industry have been promul- gated. These standards are listed in 40 CFR Parts 430 and 431 published in the Federal Register on November 18, 1982. 8. LEATHER TANNING AND FINISHING INDUSTRY PRETREATMENT STANDARDS The categorical pretreatment standards for nine (9) subcate- gories of the Leather Tanning & Finishing Industry have been promulgated. These standards are listed in 40 CFR Part 425 published in the Federal Register on November 23, 1982. 9. STEAM ELECTRIC POWER PLANT PRETREATMENT STANDARDS The categorical pretreatment standards for the Steam Electric Power Plant Industry have been promulgated. These standards are listed in 40 CFR Parts 125 and 423 published in the Federal Register on November 19, 1982. 10. PORCELAIN ENAMELING INDUSTRY PRETREATMENT STANDARDS The categorical pretreatment standards for four (4) subcate- gories of the Porcelain Enameling Industry have been promul- gated. These standards are listed in 40 CFR Part 466 pub- lished in the Federal Register on November 24, 1982. 11. COIL COATING INDUSTRY PRETREATMENT STANDARDS The categorical pretreatment standards for three (3) sub- categories of the Coil Coating Industry have been promul- gated. These standards are listed in 40 CFR Part 465 published in the Federal Register on December 1, 1982. •