HomeMy WebLinkAboutOrdinance - 2551 - Amend Title 14ORDINANCE NO. 2551
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 14
(UTILITIES), CHAPTER 14.16 (SEWERS) OF THE REDDING
MUNICIPAL CODE BY AMENDMENT TO SECTIONS 14.16.020
(DEFINITIONS), 14.16.432 (BASELINE MONITORING REPORT),
14.16.445 (RECORD KEEPING REQUIREMENTS), AND 14.16.582
(PROHIBITED DISCHARGES) ALL RELATING TO CONFORMING THE
REDDING MUNICIPAL CODE TO REQUIREMENTS OF THE CENTRAL
VALLEY REGIONAL WATER QUALITY CONTROL BOARD
WHEREAS, the Federal Clean Water Act and implementing regulations at 40 Code of
Federal Regulations 403 et seq. require the City of Redding to implement and enforce an
industrial pretreatment program; and
WHEREAS, a Pretreatment Compliance Inspection Report prepared by the Central
Valley Regional Water Quality Control Board and dated July 20, 2015, required the Redding
Municipal Code be amended to maintain compliance with those regulations.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Title 14 (Utilities), Chapter 14.16 (Sewers), Sections 14.16.020,
14.16.432, 14.16.445 and 14.16.582 of the Redding Municipal Code are hereby amended to read
as follows:
14.16.020 - Definitions.
"Significant noncompliance (SNC). An industrial user 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 in which
sixty-six percent or more of all of the measurements taken for the same pollutant
parameter taken during a six-month period exceed (by any magnitude) a numeric
pretreatment standard or requirement, including instantaneous limits. .A
to
b. Technical review criteria (TRC) violations, defined here as those in which thirty-three
percent or more of all of the measurements taken for the same pollutant parameter
during a six-month period equal or exceeds the product of the numeric pretreatment
standard or requirement including instantaneous limits, multiplied by the applicable
TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants
except pH).
c. Any other violation of a pretreatment standard or requirement (daily maximum, long-
term average, instantaneous limit, or narrative standard) that the city determines has
caused, alone or in combination with other discharges, interference or pass through,
including endangering the health of city personnel or the general public.
d. Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare, or to the environment, or has resulted in the city's exercise of its
emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a
discharge.
e. Failure to meet, within ninety days after the schedule date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement order for
starting construction, completing construction, or attaining final compliance.
L Failure to provide, within forty-five days after the due date, any required reports such
as baseline monitoring reports, ninety -day compliance reports, reports on compliance
with categorical pretreatment standards or deadlines, periodic self-monitoring reports,
and reports on compliance with compliance schedules.
g. Failure to accurately report noncompliance.
h. Any other violation or group of violations, which may include a violation of best
management practices, which the city determines will adversely affect the operation
or implementation of the local pretreatment program.
14.16.432 - Baseline monitoring report.
A. Within one hundred eighty days after the effective date of a categorical pretreatment
standard, or one hundred eighty days after the final administrative decision made upon a
category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing
categorical industrial users currently discharging to or scheduled to discharge to the
POTW shall be required to submit to the city a baseline monitoring report which contains
the information listed in 40 CFR 403.12(b)(1)-(7). Where reports containing this
information already have been submitted in the industrial user will not be required to
submit this information again.
B. At least ninety days prior to commencement of discharge, new sources, and sources that
become categorical industrial users subsequent to the promulgation of an applicable
categorical pretreatment standard, shall be required to submit to the city a baseline
monitoring report which contains the information listed in 40 CFR 403.12(b)(1)-(5). New
sources shall also be required to include in this report information on the method of
pretreatment the source intends to use to meet applicable categorical pretreatment
requirements. New sources shall give estimates of the information requested in
paragraphs (4) and (5) of this subsection.
1. Identifying information. The User shall submit the name and address of the facility
including the name of the operator and owners;
2. Permits. The User shall submit a list of any environmental control permits held by or
for the facility;
3. Description of operations. The User shall submit a brief description of the nature,
average rate of production, and Standard Industrial Classification of the operation(s)
carried out by such Industrial User. This description should include a schematic
process diagram which indicates points of Discharge to the POTW from the regulated
processes.
4. Flow measurement. The User shall submit information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW from each of the
following:
(i) Regulated process streams; and
(ii) Other streams as necessary to allow use of the combined wastestream formula
of 40 CFR 403.6(e). (See paragraph (13)(5)(iv) of this section.)
The Control Authority may allow for verifiable estimates of these flows where
justified by cost or feasibility considerations.
5. Measurement of pollutants.
(i) The user shall identify the Pretreatment Standards applicable to each regulated
process;
(ii) In addition, the User shall submit the results of sampling and analysis
identifying the nature and concentration (or mass, where required by the
Standard or Control Authority) of regulated pollutants in the Discharge from
each regulated process. Both daily maximum and average concentration (or
mass, where required) shall be reported. The sample shall be representative of
daily operations. In cases where the Standard requires compliance with a Best
Management Practice or pollution prevention alternative, the User shall submit
documentation as required by the Control Authority or the applicable Standards
to determine compliance with the Standard;
(iii) The User shall take a minimum of one representative sample to compile that
data necessary to comply with the requirements of this paragraph;
(iv) Samples should be taken immediately downstream from pretreatment facilities
if such exist or immediately downstream from the regulated process if no
pretreatment exists. If other wastewaters are mixed with the regulated
wastewater prior to pretreatment the User should measure the flows and
concentrations necessary to allow use of the combined wastestream formula of
40 CFR 403.6(e) in order to evaluate compliance with the Pretreatment
Standards. Where an alternate concentration or mass limit has been calculated in
accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data
shall be submitted to the Control Authority;
(v) Sampling and analysis shall be performed in accordance with the techniques
prescribed in 40 CFR part 136 and amendments thereto. Where 40 CFR part
136 does not contain sampling or analytical techniques for the pollutant in
question, or where the Administrator determines that the part 136 sampling and
analytical techniques are inappropriate for the pollutant in question, sampling
and analysis shall be performed by using validated analytical methods or any
other applicable sampling and analytical procedures, including procedures
suggested by the city or other parties, approved by the Administrator;
(vi) The Control Authority may allow the submission of a baseline report which
utilizes only historical data so long as the data provides information sufficient to
determine the need for industrial pretreatment measures;
(vii) The baseline report shall indicate the time, date and place, of sampling, and
methods of analysis, and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant Discharges to the
POTW;
6. Certification. A statement, reviewed by an authorized representative of the Industrial
User (as defined in 14.16.020 - Definitions) and certified to by a qualified
professional, indicating whether Pretreatment Standards are being met on a consistent
basis, and, if not, whether additional operation and maintenance and/or additional
Pretreatment is required for the Industrial User to meet the Pretreatment Standards
and Requirements; and
7. Compliance schedule. If additional pretreatment and/or operation and maintenance
will be required to meet the Pretreatment Standards; the shortest schedule by which
the Industrial User will provide such additional pretreatment and/or operation and
maintenance. The completion date in this schedule shall not be later than the
compliance date established for the applicable Pretreatment Standard.
(i) Where the Industrial User's categorical Pretreatment Standard has been
modified by a removal allowance (40 CFR 403.7), the combined wastestream
formula (40 CFR 403.6(e)), and/or a Fundamentally Different Factors variance
(40 CFR 403.13) at the time the User submits the report required by paragraph
(B) of this section, the information required by paragraphs (13)(6) and (7) of this
section shall pertain to the modified limits.
(ii) If the categorical Pretreatment Standard is modified by a removal allowance, the
combined wastestream formula, and/or a Fundamentally Different Factors
variance after the User submits the report required by paragraph (B) of this
section, any necessary amendments to the information requested by paragraphs
(13)(6) and (7) of this section shall be submitted by the User to the Control
Authority within 60 days after the modified limit is approved.
14.16.445 - Recordkeeping requirements.
Users subject to the reporting requirements established in this section shall retain, and
make available for inspection and copying, all records of information obtained pursuant to
monitoring activities required by this ordinance, any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent of such requirements, and
documentation associated with best management practices. If an industrial user monitors any
regulated pollutant at the appropriate sampling location more frequently than required by the
city, using test procedures prescribed in 40 CFR, Part 136, or amendments thereto, or otherwise
approved by EPA or as specified in a permit, the results of such monitoring shall also be
submitted to the City within seven (7) days of receipt of the laboratory report. Records shall
include the date, exact place, method, and time of sampling, and the name of the person(s) taking
the samples; the dates analyses were performed; who performed the analyses; the analytical
techniques or methods used; and the results of such analyses. The records shall remain available
for a period of at least three years. This period shall be automatically extended for the duration of
any litigation concerning the user or city, or where the user has been specifically notified of a
longer retention period by city.
14.16.582 - Prohibited discharges.
A. General Prohibitions. A user may not introduce into a POTW any pollutant(s) which
cause pass through or interference. These general prohibitions and specific prohibitions in
subsection B of this section apply to each user introducing pollutants into a POTW
whether or not the user is subject to other national pretreatment standards or any national,
state, and/or local pretreatment requirements.
B. Specific Prohibitions. In addition, the following pollutants shall not be processed or
stored in such a manner that they could be discharged to the POTW or introduced into a
POTW:
1. Any wastewater containing pollutants, including oxygen demanding pollutants (BOD,
etc.), released in a discharge at a flow rate and/or pollutant concentration which,
either singly or by interaction with other pollutants, will cause interference with either
the POTW, or any wastewater treatment or sludge process, or which will constitute a
hazard to humans or animals;
2. Heat in amounts which will inhibit biological activity in the POTW resulting in
interference, but in no case heat in such quantities that the temperature at a
wastewater treatment plant exceeds one hundred four degrees Fahrenheit or 40
degrees Celsius, or any substances having a temperature greater than one hundred
fifty degrees Fahrenheit or 66 degrees Celsius;
3. Any pollutant or other product which, by reason of its nature or quantity, may cause a
fire or explosion hazard in the POTW, including, but not limited to, waste streams
with a closed -cup flashpoint of less than one hundred forty degrees Fahrenheit or
sixty degrees Celsius using the test methods specified in 40 CFR 261.21 or that may
in any way be injurious to human life or the POTW;
4. Pollutants which will cause corrosive structural damage to the POTW, but in no case
wastewater with a pH equal to or less than 6.4 or wastewater with a pH equal to or
greater than 12.0, or as authorized by the city manager in the user's wastewater
discharge permit;
5. Any solid or viscous pollutants in amounts which, either individually, cumulatively or
in combination with other wastes, will cause obstruction to the flow in the POTW,
resulting in interference;
6. Cooling water or other wastes sufficiently clean to be disposed of as stormwater in
cases where storm drains or natural outlets for such waters exist;
7. Any pollutant, including, but not limited to, petroleum oil, nonbiodegradable cutting
oil, or products of mineral oil in a sufficient quantity to pass through or interfere with
the POTW;
8. Any pollutant in a sufficient quantity to pass through the POTW and harm persons,
livestock, or growing plants utilizing the treated wastewaters;
9. Uncontaminated stormwater, uncontaminated groundwater, or uncontaminated
surface water;
10. Any pollutant which results in the presence of toxic gases, vapors, or fumes within
the POTW in a quantity that may cause an acute worker health and safety problem;
11. Any transported or hauled pollutants, except at discharge points designated by the
city;
12. Except where expressly authorized to do so by an applicable pretreatment
requirement, no industrial user shall ever increase the use of process water, or in any
other way attempt to dilute a discharge as a partial or complete substitute for adequate
treatment to achieve compliance with a pretreatment requirement;
13. Any wastewater that imparts color which cannot be removed by the treatment process
(such as, but not limited to, dye wastes and vegetable tanning solutions) and
consequently imparts color to the treatment plant's effluent, thereby violating the
city's NPDES permit. Color in combination with turbidity shall not cause the
treatment plant effluent to reduce the depth of the compensation point for
photosynthetic activity by more than ten percent from the seasonably established
norm for aquatic life;
14. Any wastewater containing any radioactive wastes or isotopes, except as specifically
approved by the city manager in compliance with applicable state or federal
regulations;
15. Any medical waste in a manner or quantity which is inconsistent with the objectives
of pretreatment requirements, this chapter, or any statute, regulation, rule, ordinance,
or guidelines established by any public agency having jurisdiction over said
discharges;
16. Any wastewater causing the treatment plant's effluent to fail a toxicity test;
17. Any wastes containing detergents, surface active agents, or other substances which
may cause excessive foaming in the POTW;
18. Any discharge of fats, oils, or greases of animal or vegetable origin in excess of three
hundred mg/l, and any discharge of oils and greases of mineral or petroleum origin in
excess of one hundred mg/l;
19. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly
or by interaction with other wastes, are sufficient to create a public nuisance or a
hazard to life, or to prevent entry into the sewers for maintenance or repair.
Section 2. The passage of this ordinance is not a "project" according to the definition
in the California Environmental Quality Act, and therefore is not subject to the provisions
requiring environmental review.
Section 3. This ordinance shall take effect 30 days after the date of its adoption, and
the City Clerk shall certify to the adoption thereof and cause its publication according to the law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council at a regular meeting on the 21st day of June, 2016, and was duly read and adopted at a
regular meeting on the 19th day of July, 2016, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Attest:
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Cadd, Schreder, Sullivan,
None
None
None
Weaver, & McArthur
Misty M HUR,Mayor
Form Approved:
BARRY E. DeWALT, City Attorney